Can foreigners set up enterprises providing Vietnamese guest worker service?

Can foreigners set up enterprises providing Vietnamese guest worker service?

Pursuant to Article 10 of the Law on Vietnamese guest workers 2020 stipulates eligibility for issuance of license for provision of Vietnamese guest worker service as follows:

1. An enterprise shall be issued with license for provision of Vietnamese guest worker service if the enterprise:

a) has at least VND 5 billion of charter capital; has owners, members and shareholders who are domestic investors according to Law on Investment; and

b) has made deposit payments according to Article 24 of this Law; and

c) has Vietnamese nationals as legal representatives with at least higher education level and at least 5 years of experience in providing Vietnamese guest worker service or employment services; is not criminally prosecuted; has no criminal records regarding violation to national security, charges that violate life, health, self-esteem or dignity of human beings, fraudulence for appropriation, credibility abuse for appropriation, false advertisement, manipulating customers, organizing or allowing other individuals to migrate or stay in Vietnam illegally, organizing or allowing other individuals to travel abroad or stay abroad illegally, forcing other individuals to travel abroad or stay abroad illegally;

d) has adequate number of professional employees to implement provisions of Article 9 of this Law;

dd) has adequate facilities of enterprises or is continuously hired by enterprises to satisfy orientation education for Vietnamese guest workers;

e) has a web page.

2. Government shall elaborate this Article.

Thus, according to the above provisions in Vietnam, only individuals with Vietnamese nationality are entitled to establish or contribute capital to establish an enterprise providing Vietnamese guest worker service.

What does application for license for provision of Vietnamese guest workers comprise?

Pursuant to Article 12 of the Law on Vietnamese guest workers 2020 stipulates application, procedures and fees for license issuance as follows:

1. Application for license issuance consists of:

a) Written application for license issuance of enterprise;

b) Copies of enterprise registration certificate;

c) Documents proving satisfaction of eligibility under Article 10 of this Law.

2. Within 20 days from the date on which adequate application is received, Minister of Labor – War Invalids and Social Affairs shall consider and issue license for the enterprise; in case of rejection, respond in writing and specify reasons.

3. Fees for issuance shall conform to regulations and law on fees and charges.

4. The Government shall prescribe form of license; form for documents specified under Point a and Point c Clause 1 of this Article; cooperation between agencies in issuing license via electronic network.

According to this Article, an application for license for provision of Vietnamese guest workers includes a written request, a copy of enterprise registration certificate and other relevant documents.

Can foreign enterprises provide Vietnamese guest worker service?

Article 8 of the Law on Vietnamese guest workers 2020 has the following provisions:

1. Provision of Vietnamese guest worker service is a conditional line of business and shall only be provided by Vietnamese enterprises having license for providing Vietnamese guest worker service issued by Minister of Labor – War Invalids and Social Affairs.

2. Vietnamese enterprises providing Vietnamese guest worker service (hereinafter referred to as “service enterprises”) must maintain requirements specified under Article 10 of this Law and satisfy demands of each specific market, profession and sector during operation

Thus, according to the above regulations, only Vietnamese enterprises are entitled to provide Vietnamese guest worker service.

Best Regards!