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Circular 01/2014/TT-BLDTBXH Detailing and guiding the implementation of a number of articles of decree no. 55/2013/nd-cp of 22/5/2013 of the government detailing the implementation of clause 3, articl

Circular 01/2014/TT-BLDTBXH Detailing and guiding the implementation of a number of articles of decree no. 55/2013/nd-cp of 22/5/2013 of the government detailing the implementation of clause 3, article 54 of the labor code on licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease

THE MINISTRY OF LABOR- INVALIDS AND SOCIAL AFFAIRS

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SOCIALIST REPUBLIC OF VIETNAM 

Independence – Freedom – Happiness 

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No: 01/2014/TT-BLDTBXH

 

Hanoi, January 08, 2014

 

 

 

CIRCULAR

 

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE NO. 55/2013/ND-CP OF 22/5/2013 OF THE GOVERNMENT DETAILING THE IMPLEMENTATION OF CLAUSE 3, ARTICLE 54 OF THE LABOR CODE ON LICENSING OF LABOR SUBLEASE, PAYMENT OF DEPOSITS AND LIST OF JOBS ALLOWED FOR LABOR SUBLEASE

 

Pursuant to the Labor Code of June 18, 2012;

 

Pursuant to the Decree No. 55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease;

 

Pursuant to Decree No.106/2012/ND-CP of 20 December 2012 of the Government stipulating functions, tasks, power and organizational structure of the Ministry of Labor-War Invalid and Social Affairs;

 

At the Proposal of the Director of Legal Affair Department;

 

The Minister of Labor-Invalids and Social Affairs promulgates Circular detailing and guiding the implementation of a number of articles of Decree No. 55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease.

 

Chapter 1.

 

GENERAL PROVISIONS

 

Article 1. Scope of regulation

 

This Circular provides procedures on issuance, re-issuance, extension and withdrawal of Operating Licenses for labor sublease, reporting regime of labor sublease under Decree No.55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease, payment of deposits and list of jobs allowed for labor sublease (below collectively referred to as Decree No.55/2013/ND-CP)

 

Article 2. Subjects of application

 

This Circular applies for Labor sub-leasing enterprises (below referred to as “sub-leasing enterprises”), Labor hiring parties, sub-leased employees and other agencies, organizations and individuals related to labor sublease.

 

Article 3. Dossiers for confirmation of foreign enterprises operating in labor sublease

 

1. Foreign enterprises specialized in labor sublease as prescribed in Point a, Clause 3, Article 6 of Decree No.55/2013/ND-CP are enterprises having main production or trade activities are labor sublease.

 

A dossier for determination of an enterprise operating in labor sublease will include one of following documents:

 

a) The business registration certificate of the enterprise, in which labor sublease is a licensed content;

 

b) The License of labor sublease issued by a competent state agency of the host country;

 

c) Other documents issued by competent state agencies of the host country to the enterprise for conducting Labor sub-leasing activities.

 

2. Document that proves experiences in labor sub-leasing activities as prescribed in Point b, Clause 3, Article 6 of Decree No. 55/2013/ND-CP is the contract that the enterprise conducted labor sub-leasing activities, in which reflected the duration of the licensed labor sub-leasing activities in accordance with legal provisions of the host country and other relevant documents (if any).

 

Article 4. Dossiers for determination of locations where headquarters, branches, representative offices of leasing enterprises are located

 

Valid documents for cases that locations of headquarters, branches or representative offices of enterprises are houses owned by persons whose names are in business registration certificates according to Article 7 of Decree No. 55/2013/ND-CP include one of following documents such as the certificates of land use rights and house ownership of the registrants.

 

Article 5. The heads of leasing enterprises, branches and representative offices, managers and persons who hold key positions of leasing enterprises

 

1. Heads of leasing enterprises, branches and representative offices of leasing enterprises as prescribed in Article 8 of Decree No.55/2013/ND-CP are owners of private enterprises, enterprises or authorized persons of owners of one-member liability limited companies, members or authorized persons of members of liability limited companies with two members or more, shareholders or authorized persons of shareholders of joint stock companies, members of partnerships.

 

2. Heads of leasing enterprises will have to prove that they have experience in labor sublease according to Clause 2, Article 8 of Decree No. 55/2013/ND-CP through contracts on management, administration of labor sub-leasing activities or contracts on management, administration of Labor supplying activities.

 

Contents in curriculum vitae (CV) of the leasing enterprise are set in a form under Annex II promulgated together with this Circular.

 

3. Managers, persons who hold key positions of leasing enterprises under Article 9 of Decree