Labor Export License: A Technical Guide

Obtaining a Labor Export License in Vietnam requires enterprises to complete specific legal steps under current law. A valid license legitimizes a company’s participation in this sector. It provides a stable foundation for sustainable growth and reputation in the international labor market. This guide details the registration process for a Labor Export License.

Conditions for a Labor Export License

Enterprises must meet strict conditions outlined in the Law on Vietnamese Guest Workers to receive a Labor Export License. Below are the mandatory requirements.

Corporate Capacity

• Charter Capital: Must be 5 billion VND or more.
• Ownership: The owner and all members or shareholders must be domestic investors as defined by the Law on Investment.

Escrow Deposit Requirement

Based on Decree 112/2021/NĐ-CP, the enterprise must:

• Deposit an escrow of 2,000,000,000 VND (Two billion VND) at a legally established bank or foreign bank branch in Vietnam.
• Deposit an additional 500,000,000 VND (Five hundred million VND) for each branch authorized to conduct labor export activities.

Standards for the Legal Representative

• Nationality and Education: Must be a Vietnamese citizen with a university degree or higher.
• Experience: Must possess at least five years of experience in sending Vietnamese workers abroad under contract or in employment services.
• Judicial Record:
  • Not currently under criminal prosecution.
  • No criminal record related to national security, crimes against life, health, or human dignity, fraud, abuse of trust, false advertising, customer deception, or organizing illegal immigration or emigration.

Requirements for Professional Staff

The enterprise must have at least one professional staff member who meets one of the following criteria:

• A college degree or higher in law, humanities, social services, social and behavioral sciences, or business and management.
• A college degree or higher in another field plus at least two years of experience in sending Vietnamese workers abroad.

Facilities and Orientation Education

• Ownership or Lease: Must own or have a stable lease for facilities to provide orientation education to workers.
• Training Capacity: Must have classrooms and dormitories for at least 100 students at one time.
• Equipment:
  • Classrooms must provide a minimum of 1.4 m²/student and have adequate learning equipment.
  • Dormitories must provide a minimum of 3.5 m²/student, have basic living equipment, house no more than 12 students per room, have separate male/female areas, and sufficient bathrooms.
  • A first-aid station with necessary equipment is required.
• Lease Term: If facilities are leased, the lease must be valid for at least two years at the time of application. Branches must also meet this condition.
• Condition Maintenance: The enterprise must maintain legal use of the facilities throughout its operation.

Website Requirements

• Domain: Must have a Vietnamese national domain name (“.vn”).
• Content: Must display the enterprise’s basic information, a picture of the Labor Export License (once issued), and details about its labor export activities.
• Operation: The website must be continuously operational. Any changes to information must be updated on the website within seven days.

Strict compliance with these conditions is mandatory for an enterprise to be granted a Labor Export License. Thorough preparation of capital, personnel, facilities, and online presence ensures a smooth application process and supports the enterprise’s transparent and reputable growth.

>>> See more at: Latest procedures for establishing a labor export company.

Authority to Process the Labor Export License Application

The Ministry of Home Affairs is the competent state agency responsible for receiving, appraising, and issuing the Labor Export License. This centralized authority ensures consistent management and protects the rights of workers. Specifically, the Minister of Home Affairs will review and decide on licensing when an application is valid and meets all legal conditions under the Law on Vietnamese Guest Workers 2020 and Decree 112/2021/NĐ-CP.

Enterprises must prepare a complete dossier as required and submit it to The Ministry of Home Affairs for processing according to the established legal procedures.

Application Dossier and Registration Procedure

After ensuring all conditions are met, the enterprise must follow the registration procedure for the Labor Export License. This involves preparing a valid dossier and adhering to the submission and review process.

Dossier for Labor Export License Registration

As per Article 12 of the Law on Vietnamese Guest Workers and Article 7 of Decree 112/2021/NĐ-CP, a valid application dossier includes:

• A written request for the Labor Export License (using the official form).
• A copy of the Enterprise Registration Certificate.
• One copy of the company’s charter.
• Documents proving capital contribution by members or shareholders.
• One copy of the shareholder register (latest update) for joint-stock companies.
• One original certificate of escrow deposit from the bank.
• Dossier of the legal representative, including:
  • One copy of the judicial record.
  • Professional diplomas.
  • Documents proving relevant work experience.
• One original list of the enterprise’s professional staff.
• Dossier for each professional staff member, including:
  • One copy of professional diplomas.
  • Foreign language certificates (if any).
  • Documents proving relevant work experience (if any).
• Documents on physical facilities: One copy of the certificate of ownership or lease agreement, an inventory of equipment, and a floor plan of classrooms and dormitories, certified by the enterprise.

Registration Procedure

The registration and licensing process follows these steps:

• Step 1: Dossier Preparation The enterprise compiles all documents as listed. It must review all information for accuracy, validity, and consistency.
• Step 2: Dossier Submission The enterprise submits one complete dossier to The Ministry of Home Affairs via one of the following methods:
  • Direct submission at the one-stop-shop department.
  • Through the public postal service.
  • Online via the National Public Service Portal.
• Step 3: Receive Results Within 20 working days of receiving a complete and valid dossier, The Ministry of Home Affairs will appraise it and issue a decision:
  • Grant License: If the enterprise meets all conditions.
  • Written Response: If the dossier is invalid or the enterprise does not meet the conditions, a written response will state the reasons for denial.

>>> See more: Detailed instructions on labor export process.

Frequently Asked Questions: Labor Export License

This section addresses common inquiries regarding the Labor Export License process and related obligations.

What is the validity period of a Labor Export License?

The Labor Export License does not have a specified expiration date; it is indefinite. However, under the Law on Vietnamese Guest Workers, the business must continuously maintain the licensing conditions and comply with periodic reporting obligations to keep the license valid.

Under what circumstances can a license be revoked?

A license may be revoked for violations outlined in Article 20 of the Law on Vietnamese Guest Workers. Common cases include: failing to maintain licensing conditions, ceasing service operations for 12 consecutive months after licensing, dissolution or bankruptcy, providing fraudulent information in the application, or leasing or lending the license.

How is the company’s escrow deposit used?

According to Article 24 of Decree 112/2021/ND-CP, the escrow deposit is used to prioritize the settlement of the company’s obligations to its workers. This includes compensating workers for damages under contract and covering costs and risks if a worker must return to Vietnam prematurely due to the company’s fault.

When is the escrow deposit refunded?

A business is refunded its escrow deposit when its Labor Export License is revoked or when the business ceases operations and has settled all debts and financial obligations to its workers. The refund procedure is initiated after receiving a confirmation document from The Ministry of Home Affairs.

If a license application is rejected, can the business reapply?

Yes. If an application is rejected, The Ministry of Home Affairs will issue a written response detailing the reasons. The business can rectify the deficiencies or meet the required conditions and submit a new application for re-appraisal.

Conclusion

Clients who need to register for labor export service activities must strictly adhere to legal regulations and follow the correct procedures. Long Phan Consulting Company commits to supporting businesses in completing the licensing procedure quickly and effectively with a team of experienced experts. Please contact our hotline at 1900 636389 for detailed consultation on labor export registration services tailored to your business needs.