On March 20th, 2019, the Government issued Decree No. 29/2019 / ND-CP guiding Clause 3, Article 54 of the Labor Code on licensing of sublease activities, deposits and work lists. be allowed to sublease labor. This Decree has a force since May 5, 2019.
Accordingly, Decree No. 29/2019 / ND-CP has some outstanding contents as follows:
In terms of licensing conditions, according to Article 5 of Decree 29/2019 / ND-CP, the legal representative of an enterprise conducting labor sublease activities must ensure the following conditions:
As a business manager;
No criminal records;
Having worked in the field of labor sublease or labor supply for at least 03 years (36 months) or more within 5 consecutive years before applying for a license.
Enterprises have deposited 2,000,000,000 VND (two billion Vietnam Dong) at commercial banks or foreign bank branches established and operating legally in Vietnam.
Regarding the authority to grant, extend and revoke licenses, according to Article 6 of Decree 29/2019/ND-CP belongs to the Chairman of the People’s Committees of provinces and cities directly under the Central Government where enterprises are headquartered.
Regarding the work list to be performed for labor sublease, including 20 jobs is shown in Appendix I Decree 29/2019/ND-CP.
The promulgation of Decree No.29/2019/ND-CP guiding the contents of labor sublease has created unity in awareness and management of this field. At the same time, the Decree is also a clear legal basis for enterprises to have bases to participate in the field of labor sublease.