New regulations on licensing of labor outsourcing
The Green Speed Company Limited (in Binh Duong Province) was granted a license to operate on labor outsourcing from August 31, 2015, effective 36 months from the date of issue (up to now has expired. ). Currently, the license has been extended for the first time and is valid until August 30, 2020 (according to Decree 55/2013 / ND-CP).
On March 20, 2019, the Government issued Decree No. 29/2019 / ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code regarding the licensing of labor subleasing, the signing fund and work portfolio to be performed on labor outsourcing. The Decree takes effect from 5/5/2019. According to Green Speed Company Limited, refer to Clause 2, Article 27 of Decree No. 29/2019 / ND-CP:"
Article 27. Transition Provisions.
2. A licensed enterprise which is eligible for the extension or re-grant of a license as provided for in Articles 10 and 11 of this Decree shall grant a new license according to the provisions of this Decree.
Through the receiving and answering system to businesses’ recommendations, the Company would like to ask, if the enterprise was licensed to operate under Decree No. 55/2013 / ND-CP, so according to the provisions of Decree No. 29/2019 / Is it correct for ND-CP to re-issue a labor outsourcing license in accordance with Article 8 and Article 9 of Decree No. 29/2019 / ND-CP?
Decree No. 29/2019 / ND-CP takes effect from May 5, 2019, so businesses must apply for a new license to operate labor outsourcing before or after May 5, 2019? In case it is applied for a new license after May 5, 2019, how long does it take for a company to apply for a new one?
The Ministry of Labor, War Invalids and Social Affairs has the following opinions:
Pursuant to Clause 1, Clause 2, Article 27 of the Government's Decree No. 29/2019 / ND-CP dated March 20, 2019 detailing the implementation of Clause 3, Article 54 of the Labor Code regarding the issuance of paper for the labor outsourcing license, the deposit and the list of jobs to be subleased, enterprises have been licensed before the effective date of this Decree (May 5 /). 2019) may continue to perform labor outsourcing activities until the license expires.
If an enterprise has been granted a license in the case of renewal or re-issuance of the license as prescribed in Articles 10 and 11 of this Decree, the new license shall be issued in accordance with this Decree.
Green Speed Company Limited was granted the Labor Sublease License No. 53 / LĐTBXH-GP by the Minister of Labor - Invalids and Social Affairs dated August 31, 2015 and Decision No. 920 / QD-LĐTBXH dated August 31, 2015. July 17, 2018 on the first extension with a 24-month period (from August 31, 2018 to August 30, 2020) for the License No. 53 / LĐTBXH-GP above.
Based on the above regulations and the content of the question of the Company, the Company may continue to implement the labor outsourcing activities until the end of August 30, 2020. After that, if continuing the labor outsourcing operation, the Company shall submit a request for license extension in accordance with the provisions of Article 10 of Decree No. 29/2019 / ND-CP of the Government and approved by the competent authority. The right to grant a new license (using the form No. 01 attached to this Decree).
In case the Company changes one of the contents of the granted license (including: Enterprise name, head office address, legal representative); the license is lost or burnt; The damaged license does not have enough information on the license, the Company submits an application for re-issuance of the license as prescribed in Article 11 of Decree No. 29/2019 / ND-CP above and approved by the competent authority. The right to grant a new license (using the form No. 01 attached to this Decree).
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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