Procedure for applying for a Labor Subleasing License

Labor subleasing license is an important tool to help businesses comply with legal regulations when using labor from other units. The licensing process not only protects the rights of workers but also creates transparency in the management and use of human resources, minimizing legal risks for businesses. Through the following article, Long Phan will provide customers with detailed information about the process of applying for a labor subleasing license.

Authority to issue labor subleasing licenses

According to the provisions of Article 22 of Decree 145/2020/ND-CP, the authority to issue labor sublease licenses belongs to the Chairman of the Provincial People’s Committee where the enterprise is headquartered.

Documents need to be prepared to apply for a labor subleasing license

According to the provisions of Article 24 of Decree 145/2020/ND-CP, businesses need to prepare complete documents according to the form. The documents in the file must be valid. Records need to be made into a set according to regulations. Include:

• Enterprise’s written request for a license, according to form number 05/PLIII (Appendix III Decree).
• Biography of the legal representative of the enterprise, according to form number 07/PLIII (Appendix III Decree).
• Criminal record card No. 1 of the representative, or criminal record card from the host country if the representative is a foreigner. These documents must be issued within 6 months and translated into Vietnamese, authenticated, and consular legalized if necessary.
• Documents proving the representative’s experience in labor subleasing or labor supply, such as labor contract, appointment decision, or business registration certificate. If it is a foreign document, it needs to be translated and consular legalized.
• Certificate of deposit for labor subleasing activities, according to form No. 01/PLIII.

Procedures for applying for a labor subleasing license

The process of applying for a labor sublease license is carried out in a strict order. Businesses need to follow the correct process to ensure results. Implementation steps include:

Step 1: Submit application

The enterprise submits a complete set of documents to the Department of Labor, War Invalids and Social Affairs where the head office is located to apply for a license.

Step 2: Process documents

• The Department of Labor, War Invalids and Social Affairs checks the documents and issues a receipt clearly stating the date, month and year of receipt.
• Within 20 working days of receiving complete and valid documents, the Department will verify and submit to the Chairman of the Provincial People’s Committee for a license.
• If the dossier is incomplete, within 10 working days the Department will request the business to supplement it.

Step 3: Issue certificate

• After receiving the application from the Department, the Chairman of the Provincial People’s Committee has 7 working days to review and issue the license.
• If not granted, there will be a written response from the business with the reason for refusal.

CSPL: Article 25 of Decree No. 145/2020/ND-CP.

Some notes when applying for a labor subleasing license

Businesses need to pay special attention to regulations on licensing conditions. Violation of regulations may result in refusal of a license or revocation of a license. Some points to note are as follows:

• Maintaining capital and deposit conditions: Enterprises must ensure to maintain sufficient legal capital levels and make deposits according to regulations, to ensure financial capacity and protect the rights of employees;
• Implement the correct scope of labor leasing: Labor leasing is only allowed in licensed occupations and fields and must not expand beyond this scope;
• Periodic reporting: Enterprises are responsible for periodically reporting to the authorities on the situation of labor subleasing activities, including the number of employees, contracts and related changes;
• Maintaining labor records: Maintaining full records of subleased employees, including labor contracts and related documents, protecting their rights and personal information;
• Ensuring employee rights: Providing a safe working environment, fully implementing salary, bonus, vacation benefits, and protecting other legal rights of employees;
• Social insurance obligations: Ensure full payment of social insurance, health insurance and unemployment insurance for employees, protect their rights when facing risks or needing health care support.

Consulting on the process of applying for a labor subleasing license in Long Phan

Long Phan provides comprehensive consulting services on the process of applying for a labor subleasing license from preparing documents to receiving the license. Services Long Pham provides include:

• In-depth advice on conditions for applying for a labor subleasing license;
• Review and support the preparation of licensing applications according to current regulations;
• Advise customers to carry out procedures and complete related fees;
• Representing customers to submit applications and track results with competent state agencies;
• Guide and support customers in performing post-licensing obligations;
• Advice on how to resolve when a dispute occurs.

If you need support with procedures for applying for a labor subleasing license, please contact Long Phan immediately via the hotline: 0906735386. Our team of experts will advise you in detail and assist you in completing the procedure quickly and in accordance with the law. Long Phan will be the unit that accompanies the business throughout the process of applying for a labor subleasing license.