Lao Dong Newspaper's legal consultancy office replied:

According to current law, service activities of sending Vietnamese workers to work abroad under contracts (also known as labor export) are conditional business and investment and only performed by a Vietnamese enterprise that has a license to operate the service of sending Vietnamese workers to work abroad under a contract issued by the Minister of Labour, Invalids and Social Affairs.

Article 10 of the Law on Vietnamese workers going to work abroad under contract in 2020 stipulates the conditions for granting a license to operate the service of sending Vietnamese workers to work abroad under a contract as follows:

1. 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:

a) 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;

b) Deposited as prescribed in Article 24 of this Law;

c) Having a legal representative who is a Vietnamese citizen, having a university degree or higher and having at least 5 years of experience in the field of sending Vietnamese workers to work abroad under contract or service; 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;

d) Having a sufficient number of professional staff to perform the contents specified in Article 9 of this Law;

đ) 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;

e) Having a website.

2. The Government has detail regulations on this Article.

Legal advice

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