Circular No.01/2014/TT-BLDTBXH Detailing & Guiding Articles on Licensing of Labor Sublease, Payment of Deposits …

CIRCULAR

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE NO. 55/2013/ND-CP OF 22/5/2013 OF THE GOVERNMENT DETAILING THE IMPLEMENTATION OF CLAUSE 3, ARTICLE 54 OF THE LABOR CODE ON LICENSING OF LABOR SUBLEASE, PAYMENT OF DEPOSITS AND LIST OF JOBS ALLOWED FOR LABOR SUBLEASE

Pursuant to the Labor Code of June 18, 2012;

Pursuant to the Decree No. 55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease;

Pursuant to Decree No.106/2012/ND-CP of 20 December 2012 of the Government stipulating functions, tasks, power and organizational structure of the Ministry of Labor-War Invalid and Social Affairs;

At the Proposal of the Director of Legal Affair Department;

The Minister of Labor-Invalids and Social Affairs promulgates Circular detailing and guiding the implementation of a number of articles of Decree No. 55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides procedures on issuance, re-issuance, extension and withdrawal of Operating Licenses for labor sublease, reporting regime of labor sublease under Decree No.55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease (below collectively referred to as Decree No.55/2013/ND-CP).

Article 2. Subjects of application

This Circular applies for Labor sub-leasing enterprises (below referred to as “sub-leasing enterprises”), Labor hiring parties, sub-leased employees and other agencies, organizations and individuals related to labor sublease.

Article 3. Dossiers for confirmation of foreign enterprises operating in labor sublease

1. Foreign enterprises specialized in labor sublease as prescribed in Point a, Clause 3, Article 6 of Decree No.55/2013/ND-CP are enterprises having main production or trade activities are labor sublease.

A dossier for determination of an enterprise operating in labor sublease will include one of following documents:

a) The business registration certificate of the enterprise, in which labor sublease is a licensed content;

b) The License of labor sublease issued by a competent state agency of the host country;

c) Other documents issued by competent state agencies of the host country to the enterprise for conducting Labor sub-leasing activities.

2. Document that proves experiences in labor sub-leasing activities as prescribed in Point b, Clause 3, Article 6 of Decree No. 55/2013/ND-CP is the contract that the enterprise conducted labor sub-leasing activities, in which reflected the duration of the licensed labor sub-leasing activities in accordance with legal provisions of the host country and other relevant documents (if any).

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Article 23. Effect

This Circular takes effect on March 01, 2014.

Any problems arising in the course of implementation of this Circular, state agencies, organizations or individuals should report timely to the Ministry of Labor-Invalids and Social Affairs for guidance.