I. Legal Basis

Law on Vietnamese Workers Working Abroad under Contracts (Law No. 72/2006/QH11): This law regulates the activities of sending Vietnamese workers to work abroad under contracts and related conditions.

Decree No. 138/2020/ND-CP dated November 27, 2020, by the Government: Provides detailed regulations and guidance on licensing activities for enterprises sending Vietnamese workers to work abroad under contracts.

Circular No. 25/2019/TT-BLDTBXH dated November 11, 2019, by the Ministry of Labor, Invalids, and Social Affairs: Guides the implementation of certain provisions of Decree No. 138/2020/ND-CP, specifically addressing licensing, management, and related procedures.

Enterprises wishing to operate in this field must meet the conditions specified in the above legal documents and complete the licensing procedures with the Department of Overseas Labor under the Ministry of Labor, Invalids, and Social Affairs.

II. Conditions for Obtaining a License

To obtain a license for providing services to send Vietnamese workers abroad under contracts, companies must comply with the following regulations and conditions, along with specific licensing procedures:

• Business Registration: Enterprises must be legally registered in accordance with the law.
• Charter Capital: Enterprises must meet the minimum charter capital requirements. According to Decree No. 138/2020/ND-CP, the minimum charter capital for labor export service companies is VND 5 billion.
• Management Ownership: Owners, all members, and shareholders must be domestic investors as per regulations.
• Deposit Requirement: A deposit must be made as required by law.
• Human Resources: Enterprises must have a team of staff with professional qualifications and experience in labor export services.
• Management and Training: Enterprises must have systems in place for management, training, and providing information to workers regarding regulations and working conditions abroad.
• Worker Protection: Enterprises must commit to protecting workers’ rights and fulfilling financial and insurance obligations as stipulated by law.

III. Licensing Procedures

1. Preparation of Dossier:

• Application form for a license to provide services for sending workers abroad under contracts (as per the prescribed template).
• Business registration certificate.
• Company charter.
• Documents proving the company’s charter capital.
• Records of staff qualifications and experience.
• Commitment to protecting workers’ rights and fulfilling related financial obligations.

2. Submission of Dossier: Submit the dossier to the Department of Overseas Labor under the Ministry of Labor, Invalids, and Social Affairs.

3. Dossier Review: The Department of Overseas Labor will review the dossier, verify conditions, and request additional documents if necessary.

4. License Issuance: If all conditions are met, the Department of Overseas Labor will issue an operational license to the enterprise.

5. Monitoring and Evaluation: Licensed enterprises must comply with reporting obligations and undergo regular inspections as required by the regulatory agency.

These regulations and conditions aim to ensure that labor export service companies operate effectively, legally, and safeguard the rights of workers.

IV. Forms of Sending Vietnamese Workers Abroad under Contracts

Vietnamese workers going abroad under contracts must be Vietnamese citizens aged 18 or older residing in Vietnam. There are three forms of sending Vietnamese workers abroad under contracts:

1. Contracts with Public Institutions

Contracts signed with public institutions to implement international agreements.

2. Written Agreements with Specific Entities

Contracts or agreements in writing for sending workers abroad signed with the following:

• Vietnamese enterprises providing labor export services.
• Vietnamese enterprises winning bids or undertaking projects abroad.
• Vietnamese enterprises send workers abroad for training or skills enhancement.
• Vietnamese organizations or individuals investing abroad.

3. Direct Labor Contracts

Labor contracts directly signed by Vietnamese workers with foreign employers.

V. Licensing Authority

The license for providing services to send Vietnamese workers abroad under contracts is issued by the Minister of Labor, Invalids, and Social Affairs to enterprises meeting the required conditions. These conditions include qualified operational staff, appropriate facilities for orientation training, and compliance with website requirements as specified in Decree No. 112/2021/ND-CP.

Specifically, the Department of Overseas Labor under the Ministry of Labor, Invalids, and Social Affairs is the direct agency responsible for issuing licenses to labor export service companies.

VI. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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