Note when renewing the Labor Subleasing Operating License

Renewing the Labor Subleasing Operating License is a procedure businesses need to carry out when the license is about to expire. This process requires businesses to meet legal conditions, prepare complete documents and submit them on time. The article below by Long Phan will provide detailed information on the steps to extend the labor subleasing operating license according to the latest regulations.

Conditions for renewing the Labor Subleasing Operating License

According to the provisions of Clause 1, Article 26 of Decree 145/2020/ND-CP dated December 14, 2020, businesses that want to extend their labor subleasing operating license need to meet the following conditions: ensuring the following conditions: initial licensing event. Specifically:

• The legal representative must be a business manager according to the Enterprise Law, have no criminal record, and have at least 3 years of experience in the field of labor subleasing or labor supply;
• The enterprise has deposited VND 2 billion at a commercial bank legally operating in Vietnam;
• Not subject to license revocation according to regulations;
• Fully comply with the periodic reporting regime with state management agencies;
• Submit the application for renewal on time, at least 60 working days before the license’s expiration date.

Enterprises need to pay attention to fully meeting the above conditions to be considered for license renewal. Maintaining these conditions throughout the operating period is mandatory to ensure legality.

Cases where the license cannot be renewed

Enterprises will not be able to renew their Labor Subleasing Operating License in the following cases:

• Failure to fully meet the above extension conditions;
• During the period of suspension of labor subleasing activities;
• There is an act of falsifying records and documents during the process of applying for license renewal;
• Failure to comply with regulations on periodic reporting or dishonest reporting;
• Serious violations of legal regulations on labor, labor safety, and labor hygiene;
• No longer meets the legal capital or deposit requirements according to regulations.

Enterprises need to strictly comply with legal regulations during operations to avoid falling into situations where their licenses are not renewed, affecting business operations.

Procedures for renewing the Labor Subleasing Operating License

Documents need to be prepared

According to the provisions of Clause 2, Article 26 of Decree 145/2020/ND-CP, the application for renewal of the Labor Subleasing Operation License includes:

• The written request for license extension according to Form No. 05/PLIII Appendix III Decree 145/2020/ND-CP;
• Certificate of deposit for labor subleasing activities.

In case of changing the legal representative, add:

• The new legal representative’s resume;
• Criminal record number 1 of the new legal representative;
• Document proving 3 years of experience in the field of labor subleasing or labor supply of the representative according to the new law.

Enterprises need to prepare complete documents according to regulations, using the latest forms to ensure the validity of the license renewal application.

Competent authority to resolve

Agencies competent to handle procedures for extending labor sublease operating licenses include:

• Department of Labor, War Invalids and Social Affairs: Receives documents, evaluates and submits documents to the Chairman of the Provincial People’s Committee;
• Chairman of the Provincial People’s Committee: Consider and decide on license extension.

Enterprises need to submit documents to the Department of Labor, War Invalids and Social Affairs where their head office is located to carry out license renewal procedures.

Implementation procedures

The process for renewing the Labor Subleasing Operating License includes the following steps:

Step 1: Submit application.

• The enterprise submits 01 set of documents to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered;
• Form of submission: In person, by post or online;
• The Department of Labor, Invalids and Social Affairs issues a receipt when receiving all valid documents.

Step 2: Appraisal of documents.

• Within 15 working days from the date of receipt of the application, the Department of Labor, Invalids and Social Affairs verifies the application and submits it to the Provincial People’s Committee;
• If the application is not satisfactory, within 7 working days from the date of receipt of the application, the Department of Labor, Invalids and Social Affairs requests additional information.

Step 3: Renew license.

• Within 7 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People’s Committee shall consider and extend the license;
• In case of refusal, the Provincial People’s Committee will respond in writing clearly stating the reason.

Total processing time is no more than 22 working days from the date of receipt of complete and valid documents.

License renewal period

According to regulations, the maximum term for renewing the Labor Subleasing Operating License is 60 months (5 years) from the date of renewal.

Businesses should note:

• Submit renewal application at least 60 working days before the license expires;
• The renewal period is calculated from the date of renewal, not from the expiration date of the old license;
• Enterprises can request an extension multiple times if they meet all conditions;
• While waiting for the extension, businesses are still allowed to operate until an official decision is made.

Submitting the renewal application on time will help businesses avoid business interruption due to license expiration.

Consulting services and support for renewing the Labor Subleasing Operating License in Long Phan

Long Phan provides consulting services and supports businesses during the process of renewing the Labor Subleasing Operating License, including:

• Consulting on conditions and procedures for license renewal;
• Support in preparing and completing renewal documents;
• Business representatives submit applications and monitor progress;
• Explanation and supplementation of documents at the request of state agencies;
• Receive results and hand over to the business.

With a team of experienced experts, Long Phan is committed to supporting businesses in implementing license renewal procedures quickly, effectively and in accordance with the law.

Renewing the Labor Subleasing Operating License is an important procedure for businesses operating in this field. To be successfully extended, businesses need to follow the correct process, prepare complete documents and submit on time. Customers who need detailed advice on renewal procedures, please contact Long Phan via hotline 1900.63.63.89.