Your enterprise wants to business operation of labor outsourcing, providing personnel for other enterprises. How are procedures, conditions, process of execution? Dragon Law will support detailed guidance for you.
Conditions To Apply For Outsourcing Permits
1. Deposit payment in commercial bank:
Under Clause 1 of Article 5 of Decree No. 55/2013/ND-CP on license for the outsourcing service, enterprises shall be licensed for the outsourcing services when they have conducted payment of deposit of VND 2,000,000,000 at the commercial bank. This deposit in accordance with Article 15 of the Labour Code 2012 accounting for wages and compensation for workers in case outsourcing enterprises breach the contract with outsourced employees or damage due to non-guaranteed benefits useful for outsourced employees.
According to Clause 2 of Article 5 and Clause 1 of Article 6 of Decree No. 55/2013/ND-CP, enterprises shall be licensed for the outsourcing services when they have ensured the legal capital which the legal capital for the business line of outsourcing services is VND 2.000.000.000. Additional, the outsourcers must maintain the charter capital not lower than the legal capital during their operation.
3. Head Office, Branch or Representative Office:
Based on Article 7 of the above Decree, locations of head offices, branches and representative offices of the outsourcers must be stable for at least 02 years; if they are houses owned by the business registrants, the dossiers requesting for grant, re-grant or extension of license of outsourcing services must contain valid papers; if they are rented houses, there must be house-renting contracts of 02 year or longer terms.
As for locations of headquarters, branches or representative offices of enterprises are houses owned by persons whose names are in business registration certificates, the valid documents include one of following documents such as the certificates of land use rights and house ownership of the registrants compliant with Article 4 of Circular No. 01/2013/TT-BLĐTBXH.
4. Heads of Outsourcers, Branches and Representative Offices:
The head of outsourcers, branches or representative offices to meet the conditions under Article 8 of Decree No. 55/2013/ND-CP:
1. Having full civil act capacity, clear biography;
2. Having working experiences in the field of outsourcing of from 03 years or more;
3. During three consecutive years before requesting for license of the outsourcing services, they were not heads of the enterprises whose business registration certificates were withdrawn or they did not commit again acts of forging dossiers applying for grant, re-grant of Enterprise registration certificate, dossiers applying for grant, re-grant or extension of license for the outsourcing services.
Under the guidance of Circular No. 01/2014/TT-BLDTBXH:
Article 5. The heads of leasing enterprises, branches and representative offices, managers and persons who hold key positions of leasing enterprises:
1. Heads of leasing enterprises, branches and representative offices of leasing enterprises as prescribed in Article 8 of Decree No.55/2013/ND-CP are owners of private enterprises, enterprises or authorized persons of owners of one-member liability limited companies, members or authorized persons of members of liability limited companies with two members or more, shareholders or authorized persons of shareholders of joint stock companies, members of partnerships.
5. Dossiers and Procedures for Licenses of Outsourcing Services:
License procedures of outsourcing are guided in Clause 1 of Article 11 of Decree No. 55/2013/ND-CP:
1. Dossier requesting for grant of license for the outsourcing services includes:
a. Written request for grant of license for the outsourcing services made according to the form in Annex II promulgated together with this Decree;
b. Documents proving eligibility on legal capital as prescribed in Article 6 of this Decree;
c. Certificate of having conducted payment of deposit as prescribed in Article 16 of this Decree;
d. Enterprise registration certificate as prescribed in the Law on Enterprises;
dd. The resume of enterprise head in accordance with law;
e. Documents proving eligibility on locations as prescribed in Article 7 of this Decree;
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