Chương II Nghị định 112/2021/NĐ-CP: Điều kiện, hồ sơ cấp giấy phép hoạt động dịch vụ đưa người lao động việt nam đi làm việc ở nước ngoài theo hợp đồng

Chapter II

REQUIREMENTS AND APPLICATION FOR ISSUANCE OF LICENSE FOR PROVISION OF VIETNAMESE GUEST WORKER SERVICE

Article 3. License for provision of Vietnamese guest worker service

1. The license for provision of Vietnamese guest worker service (hereinafter referred to as “license”) shall be issued by the Minister of Labor, War Invalids and Social Affairs to an enterprise deemed eligible according to Clause 1 Article 10 of the Law on Vietnamese Guest Workers and this Decree.

2. The license has bright yellow pattern, a background of bronze drum, the national emblem and abbreviated name of the Ministry of Labor, War Invalids and Social Affairs in English language (MOLISA) imprinted. The license shall be printed on kraft paper in A4 size (21 cm x 29,7 cm) with blue outline according to Form No. 01 Appendix I attached to this Decree.

Article 4. Eligibility of professional employees

1. As for each detail specified in Article 9 of the Law on Vietnamese Guest Workers, an enterprise shall have at least 01 professional employee in charge of performance. The professional employee shall:

a) Hold a college degree or higher in either law, humanities, social services, social and behavioral sciences, or business and management;

b) Hold a college degree or higher in a discipline other than that specified in Point a of this Clause and have at least 02 years of experience in sending Vietnamese abroad as guest workers.

2. The professional employee shall conclude an employment contract and participate in compulsory social insurance at the enterprise, except for case where the professional employee is not required to participate in compulsory social insurance as specified in the law on social insurance.

3. The branch assigned by the service enterprise to perform some details specified in Article 9 of the Law on Vietnamese Guest Workers shall have at least 01 professional employee in charge of each detail and the professional employee shall meet requirements specified in Point a or Point b Clause 1 and Clause 2 of this Article.

Article 5. Requirements for facilities serving organization of orientation education for workers

1. Facilities serving organization of orientation education shall meet safety and hygiene conditions and the following requirements:

a) It is required to have adequate study rooms and boarding rooms for at least 100 trainees at any given time; places for first aid and emergency with first aid and emergency equipment;

b) The area of a study room is at least 1,4 m²/trainee with basic equipment for study;

c) The area of a boarding room is at least 3,5 m²/trainee with basic amenities; there must be no more than 12 trainees per room; there are separate boarding areas for male and female trainees, each with their own bathrooms and restrooms.

2. If the enterprise hires facilities to organize orientation education, the remaining hiring duration shall be at least 02 years at the time when the enterprise submits application for issuance of the license.

3. The branch assigned by the service enterprise to organize orientation education shall have facilities that meet safety and hygiene conditions, study rooms and boarding rooms in accordance with regulations in Point b and Point c Clause 1 of this Article and the hiring duration shall be at least 02 years if the branch hires facilities.

4. The service enterprise shall maintain the right to legally use facilities to organize orientation education during the period of provision of Vietnamese guest worker service.

Article 6. Requirements for website

1. The website of the enterprise shall have “.vn” domain name and upload basic information of the enterprise, image of the issued license and information about provision of Vietnamese guest worker service.

2. The website shall operate regularly and continuously in accordance with regulations of the law on management, provision and use online information.  Within 07 days from the date of change in information specified in Point b, Clause 2 Article 26 of the Law on Vietnamese Guest Workers, the service enterprise shall update the changed information on its website.

Article 7. Written application for issuance of license and documents proving satisfaction of requirements for provision of Vietnamese guest worker service

1. Written application for issuance of license shall use Form No. 02 under Appendix I attached to this Decree;

2. Documents proving satisfaction of requirements under Article 10 of the Law on Vietnamese Guest Workers include:

a) 01 copy of Charter of the enterprise at the time of application for issuance of license and documents proving capital contribution in accordance with regulations of the Law on Enterprise; 01 copy of the latest partner/shareholder register in case of a joint stock company;

b) 01 authentic copy of written confirmation of deposit payment for provision of Vietnamese guest worker service using Form No. 03 Appendix I attached to this Decree;

c) 01 copy of criminal record certificate issued no sooner than 06 months before the date of application for issuance of the license; 01 copy of specialized degree and 01 copy of document proving working experience (appointment decision or employment contract, document on termination of the employment contract or participation in social insurance or a document confirming work experience issued by the former workplace) of the legal representative;

d) 01 authentic copy of list of professional employees in charge of provision of Vietnamese guest worker service using Form No. 04 Appendix I attached to this Decree; 01 copy of specialized degree, diploma or foreign language certificate (if any) and 01 copy of document proving working experience (if any) of employment contract, document on termination of the employment contract or participation in social insurance or a document confirming work experience issued by the former workplace of each professional employee;

dd) 01 copy of certificate of ownership of houses and other land-attached assets or contract for hiring facilities serving organization of orientation education, enclosed with packing list of facilities certified by the enterprise, floor plan of study rooms and boarding areas.

3. In case of change in professional employees, within 07 days from the date of change, the service enterprise shall send proving documents specified in Point d, Clause 2 of this Article to the Ministry of Labor, War Invalids and Social Affairs.

4. In case of change in facilities serving organization of orientation education, within 07 days from the date of change, the service enterprise shall send proving documents specified in Point dd, Clause 2 of this Article to the Ministry of Labor, War Invalids and Social Affairs.

Article 8. Cooperation in issuing license via electronic network

1. The Ministry of Planning and Investment shall share information about name, code, address of the headquarter, legal representative, charter capital, owner, list of members/partners/shareholders of an enterprise applying for license with the Labor, War Invalids and Social Affairs to serve issuance of the license.

2. The Labor, War Invalids and Social Affairs shall share information about the issued license with the Ministry of Planning and Investment for state management of the enterprise.

3. The cooperation between the Labor, War Invalids and Social Affairs and the Ministry of Planning and Investment shall be made in form of connecting and sharing data among information technology systems.

Article 9. License return

1. Regarding a service enterprise that is consolidated, merged or fully divided according to regulations in the Law on Enterprises:

Within 15 days from the date in which the legal status of the service enterprise in the National Business Registration Database is changed to the “consolidated, merged or fully divided” status, the consolidated company, the acquiring securities company and fully divided companies shall return their licenses to the Ministry of Labor, War Invalids and Social Affairs and make reports as prescribed in Clause 3 of this Article.

2. Regarding a service enterprise that is dissolved, bankrupt or shut down:

Within 15 days from the date in which the legal status of the service enterprise in the National Business Registration Database is changed to the “undergoing dissolution or bankruptcy” status or within 05 working days from the date in which the Board of Directors, the owner or the General Meeting of Shareholders approves the resolution and the decision to terminate provision of Vietnamese guest worker service, the enterprise shall return its license to the Ministry of Labor, War Invalids and Social Affairs and make report as prescribed in Clause 3 of this Article.

3. The enterprise shall make a report on labor supply contracts that are still valid; list of current guest workers; list of workers already recruited and undergoing vocational training, foreign language training or orientation education; deposits and amounts collected from workers and contribution to Overseas Employment Support Fund; and then submit the report to the Ministry of Labor, War Invalids and Social Affairs.

Article 10. License revocation

1. In case the supervisory police authority or the competent authority issuing authentic copies of documents of the application for issuance of the license provides written confirmation stating that the declared information in the application is untruthful, within 10 working days from the date of receipt of the written confirmation, the Minister of Labor, War Invalids and Social Affairs shall decide to revoke the license.

2. If the service enterprise fails to maintain fulfillment of requirements specified in Article 10 or commits violations against regulations in Clauses 1, 2, 5, 6, 7, 8, 11, 12, 13 Article 7 or fails to fulfill all the obligations specified in Points c, e, g, h and i Clause 2 Article 26 of the Law on Vietnamese Guest Workers, thereby causing serious material or spiritual damage to workers, within 10 working days from the date in which the competent authority makes a record of violations, the Minister of Labor, War Invalids and Social Affairs shall decide to revoke the license.

3. If the service enterprise fails to provide Vietnamese guest worker service for 24 months consecutively for reasons other than natural disasters, conflict, political unrest, economic depression or force majeure which causes foreign countries to be unable to receive workers, within 10 days from the last day of the 24^th month, the Minister of Labor, War Invalids and Social Affairs shall decide to revoke the license.

4. Within 15 days from the date in which the Minister of Labor, War Invalids and Social Affairs decides to revoke the license, the enterprise shall make a report on labor supply contracts that are still valid; list of current guest workers; list of workers already recruited and undergoing vocational training, foreign language training or orientation education; deposits and amounts collected from workers and contribution to Overseas Employment Support Fund; and then submit the report to the Ministry of Labor, War Invalids and Social Affairs.

Article 11. Application and procedures for reissuance of license specified in Point b, Clause 1 Article 74 of the Law on Vietnamese Guest Workers

1. An application includes:

a) Written application for reissuance of license using Form No. 05 under Appendix I attached to this Decree;

b) Report on satisfaction of requirements specified in Points a, b, d, dd and e, Clause 1, Article 10 of the Law on Vietnamese Guest Workers using Form No. 06, Appendix I attached to this Decree;

c) An authentic copy of the license that is still valid and has been issued in accordance with regulations of the Law No. 72/2006/QH11 on Vietnamese Guest Workers.

2. Procedures:

a) The service enterprise shall submit an application in person or by post to the Ministry of Labor, War Invalids and Social Affairs or by online form at www.dolab.gov.vn;

b) Within 10 days from the date of receipt of the complete application as prescribed, the Minister of Labor, War Invalids and Social Affairs shall consider reissuing the license to the service enterprise. In case of refusal, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.