Order and procedures for applying for a license to operate the service of sending workers to work abroad under contract
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1. Legal grounds
– Law on Vietnamese workers going to work abroad under contract 2020;
– Decree No.:112/2021/ND-CP detailing a number of articles and measures to implement the Law on Vietnamese workers working abroad under contracts.
2. The concept of Vietnamese workers working abroad under contract
Pursuant to the provisions of Clause 1, Article 3 of the Law on Vietnamese employees working abroad under the 2020 contract, the interpretation of words follows:
“Article 3. Interpretation of terms
In this Law, the following terms are construed as follows:
1. Vietnamese workers working abroad under contracts are Vietnamese citizens aged full 18 years or older residing in Vietnam and working abroad in accordance with this Law.”
Thus, Vietnamese workers can go to work abroad under the Contract through the Enterprise providing this service; or Enterprises winning contracts or accepting contracts for works or projects abroad; or a public non-business unit assigned to send Vietnamese workers to work abroad under contracts.
3. Licensing conditions
An enterprise shall be granted a license to provide the service of sending Vietnamese workers to work abroad under a contract when it fully meets the following conditions:
– Having a charter capital of 05 billion VND or more; whose owners, all members and shareholders are domestic investors in accordance with the Law on Investment;
Having made a deposit as prescribed in Article 24 of the Law on Vietnamese employees going to work abroad under the contract in 2020;
– Having a legal representative who is a Vietnamese citizen with a university degree or higher and has at least 5 years of experience in the field of sending Vietnamese workers to work abroad under contracts or services. job; are not subject to criminal prosecution; have no previous convictions for one of the crimes of infringing upon national security, crimes of infringing upon human life, health, dignity and honor, fraud, appropriation of property, crime of abusing trust and appropriation. property, false advertising, deceiving customers, organizing or brokering for others to exit, enter or stay in Vietnam illegally, organized or brokered for other people to escape abroad or illegally staying abroad, the crime of forcing others to flee abroad or stay abroad illegally;
– Having a sufficient number of professional staff to perform the contents specified in Article 9 of the Law on Vietnamese laborers working abroad under the 2020 contract;
– Having the facilities of the enterprise or being hired by the enterprise stably to meet the requirements of orientation education for Vietnamese workers to work abroad under contracts;
– Website: Having the Vietnamese national domain name “.vn”, uploading basic information of the business, posting a picture of the license after being granted and information content about human transportation service activities. Vietnamese laborers working abroad under contracts; Ensure regular and continuous operation in accordance with the law on management, provision and use of information on the network.
4. Dossier for Licensing
A dossier of application for a license includes:
– The enterprise’s written application for a license;
– A copy of the business registration certificate;
– Papers proving satisfaction of the conditions specified in Article 10 of this Law.
5. Order and procedures
– Send 01 dossier to the Department of Labor – Invalids and Social Affairs.
– Within 20 days from the date of receipt of a complete and valid application, the Minister of Labor, War Invalids and Social Affairs shall consider and grant a license to the enterprise; In case of refusal to grant a License, a written reply must be given clearly stating the reason.
6. Licensing authority: Department of Labor – Invalids and Social Affairs
Above is the advice of Khoa Tin Law on “The order and procedures for applying for a license to operate the service of sending workers to work abroad under contract”
In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.
Best regards./.
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