OUTSOURCING ACTIVITIES

SCOPE OF WORK

CONTENT

DOSSIER

(i)      Written request for grant of License for Outsourcing Service;

(ii)     A copy of Enterprise Registration Certificate;

(iii)     A résumé of the legal representative of the enterprise, made according to a set form;

(iv)    Criminal record No. 1 of the enterprise’s legal representative made in accordance with the law on judicial records;

(The above documents must have been issued before the date of submission for no more than 06 months)

(v)      Documents proving work experience of the legal representative of the enterprise;

(If the documents above are made in a foreign language, they must be translated to Vietnamese.)

(vi)     Certificate of payment of deposit.

COMPETENT AUTHORITY

The Department of Labor – Invalids and Social Affairs where the enterprise’s head office is located.

PROCESS

1.     Enterprises submit one (01) dossier in accordance with regulations to the Department of Labor – Invalids and Social Affairs (where the enterprises are headquartered) to apply for a license;

2.     Within twenty (20) working days, the Department of Labor, Invalids and Social Affairs examines and submits the dossier to the President of the provincial-level People’s Committee in order to grant a license;

3.     Within seven (07) working days from the date of receiving the dossier from the Department of Labor – Invalids and Social Affairs, the President of the provincial-level People’s Committee shall consider and grant a License for Outsourcing Services.

PUBLICLY POSTING

The outsourcer shall publicly post the original license at its head office and certified copies of the original license at its branches, representative offices (if any) of the outsourcer.

TERM OF LICENSE

A maximum of sixty (60) months.

The License for Outsourcing Service shall be extended multiple times but the term of each extension shall not exceed sixty (60) months.

NOTE

Chairperson of the Provincial People’s Committee SHALL NOT issue the License for Outsourcing Service to the enterprise in the following cases:

1.     The enterprise fails to meet the licensing requirements specified in Item I above;

2.     The enterprise has provided outsourcing serving by using a fake license;

3.     The enterprise’s legal representative has acted as a legal representative of an enterprise having its License for Outsourcing Service revoked belonging to one of the following cases:

(i)      The enterprise allows another enterprise, organization or individual to use its license;

(ii)     The enterprise provides employees for outsourcing parties in order to perform jobs which are not on the list of permissible outsourced jobs as regulated by laws;

(iii)    The enterprise has incurred penalties for administrative violations against regulations on outsourcing three (03) times or more during a period of thirty-six (36) months from the first violation;

(iv)    The enterprise provides forged documents when applying for issuance, extension or re-issuance of the license for outsourcing service, or erases or alters information on the issued license, or uses a fake license.

within the last five (05) years before the date of submission of application for license for outsourcing service.

4.    The enterprise’s legal representative has acted as the legal representative of the enterprise providing outsourcing service using a fake license.