Procedures to License for Outsourcing Services

Dragon Law Firm with a team of experienced lawyers will provide you with the best legal services in labor at hotline 1900.599.979.

Outsource services is a conditional business and is only available for certain jobs. Famous law firm in labor in Vietnam, Dragon Law would like to offer some information in labor sector.

The outsourcers mean enterprises established and operating in accordance with law, hiring employees under labor contracts but not directly use their employees; however supply for other employers their employees in order to temporarily work.

The outsourcing party means enterprises, agencies, organizations, cooperatives, households, individuals in need of labor use for a definite term and hiring labrers of the outsourcers so as to compensate for the employment of lack employees.

The outsourced employee means employee with full civil act capacity, signed labor contract with the outsourcer, being hired by the outsourcer in order to work under control of the hiring party for a definite term.

Conditions for granting a license for outsource services:

Under the Article 5 of Decree 55/2013/ND-CP, a corporate shall be granted a license when met the following conditions:

- Deposit: 2,000,000,000 VND;

- Legal capital: 2,000,000,000 VND;

- Satisfying the conditions for the location of the head office, branch or representativ: stable with a minimum period of over two years or more …

- Satisfying the conditions for heads of enterprises, branches or representative offices for outsource services:

+ Having full capacity for civil acts, clear CVs;

+ Having worked in the field of outsource services for 3 years or more;

+ In the 03 years immediately preceding the time of application for a sublease license, the head of the enterprise whose business registration certificate has been revoked or does not repeat the act of forging a dossier of application, re-grant of enterprise registration certificates, dossiers of application for, re-grant or extension of labor sublease licenses.

Dossier of application for a outsource license:

- Written request for a license (form);

- Documents proving the eligibility of legal capital;

- Certificate of deposit;

- Certificate of business registration;

- Curriculum vitae of the head of the enterprise;

- Proof of eligibility for the location of the office;

Time limit for operation of outsource service license:

- License maximum duration: no more than 36 months;

- In case of extension of the license, the time limit shall not exceed 24 months and the number of extensions shall not exceed two times.

The extended license shall be re-granted for a period not exceeding the period of the previous license.

Competence to grant outsource service license:

The leasing enterprise shall send its dossier as prescribed to the Ministry of Labor, War Invalids and Social Affairs to apply for outsource service license.

Lists of jobs entitled for outsourcing:

1. Translating/interpreting/stenograph

2. Clerk/administrative assistant

3. Receptionist

4. Tour guiding

5. Sale support

6. Project support

7. Programmer of production machine system

8. Producing, installing equipment of broadcasting and telecommunication

9. Operation/examining/repairing machines for construction, electrical system for production

10. Cleaning and keeping sanitation of buildings, factories

11. Editing documents

12. Bodyguard/guard staff

13. Marketing/caring customer through telephone

14. Handling financial and tax problems

15. Repairing/examining operation of cars

16. Scanning, drawing in technique and industry/home decoration

17. Driving

With famous lawyers in human resource and labor law, Dragon Law Firm is always available to support.

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Dragon Law Firm - Hotline: 1900.599.979

Email: dragonlawfirm@gmail.com     

Website: www.dragonlaw.vn    

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