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Decree No. 29/2019/ND-CP dated March 20, 2019 of the Government providing guidelines for implementation of Clause 3, Article 54 of the Labor Code on licensing outsourcing services, deposit payment, and list of permissible outsourced jobs

Date: 3/20/2019

GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 29/2019/ND-CP
Hanoi, March 20, 2019
 
DECREE
PROVIDING GUIDELINES FOR IMPLEMENTATION OF CLAUSE 3 ARTICLE 54 OF THE LABOR CODE ON LICENSING OUTSOURCING SERVICES, DEPOSIT PAYMENT, AND LIST OF PERMISSIBLE OUTSOURCED JOBS
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Enterprises dated December 08, 2014;
At the request of the Minister of Labor, War Invalids and Social Affairs;
The Government promulgates a Decree providing guidelines for the implementation of Clause 3 Article 54 of the Labor Code on licensing of outsource services, deposit payment and list of permissible outsourced jobs.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides regulations on requirements, authority and procedures for issuance, extension, re-issuance and revocation of the license for outsourcing services, payment of deposits of the outsourcers, and List of permissible outsourced jobs as regulated in Clause 3 Article 54 of the Labor Code.
Article 2. Regulated entities
1. The outsourcers.
2. The outsourcing parties.
3. Outsourced employees.
4. Other agencies, organizations and individuals relating to the outsourcing services.
Article 3. Definitions
In this document, the following terms are construed as follows:
1. “outsourcer” refers to an enterprise established under the Law on enterprises, licensed to provide outsourcing service, hiring employees under labor contracts but not directly using them, however supplying them for other employers.
2. “outsourcing party” refers to an enterprise, agency, organization, cooperative, household or individual that has the need to use employees for a definite term but does not directly recruit employees, however hire employees from the outsourcers.
3. “outsourced employee” refers to the one with full capacity of civil acts, signed labour contract with the outsourcer, being hired by the outsourcer in order to work under the control of the outsourcing party.
Article 4. Purposes of outsourcing
1. Temporarily satisfy the sudden increase on demand for human resource in a specific period of time.
2. Replace employees during maternity leave, suffering occupational accidents, occupational diseases, or having to implement citizen’s obligations.
3. Have demand on use of employees with high technical and professional qualification.
Chapter II
REQUIREMENTS, AUTHORITY AND PROCEDURES FOR ISSUANCE, EXTENSION, RE-ISSUANCE AND REVOCATION OF LICENSE FOR OUTSOURCING SERVICE
Article 5. Licensing requirements
1. The legal representative of the enterprise applying for the license for the outsourcing service must satisfy all of the following requirements:
a) Being the manager of the enterprise;
b) Having no criminal records;
c) Having working experience in the field of outsourcing or labor supply of at least 03 years (or 36 months) or more during the last 05 years preceding the date of submission of the application for the license.
2. The enterprise has made payment of deposit of VND 2,000,000,000 (two billion) at a commercial bank or a foreign bank’s branch duly established and operating in Vietnam.
Article 6. Authority to issue, extend, re-issue or revoke license for outsourcing service
Chairperson of the People’s Committee of the province or central-affiliated city (hereinafter referred to as “Chairperson of Provincial People's Committee”) where the head office of the enterprise is located shall be competent to issue, extend, re-issue or revoke the license for outsourcing service from that enterprise.
Article 7. License for outsourcing service
1. The license for outsourcing service is produced with cardboard paper of A4 size (21 cm x 29.7 cm); the front side of the license has the licensed contents printed on the white background with blue patterns, debossed national emblem, and black border; the back side of the license has the official name of Vietnam, the national emblem and the phrase "GIẤY PHÉP HOẠT ĐỘNG CHO THUÊ LẠI LAO ĐỘNG" (“LICENSE FOR OUTSOURCING SERVICE”) printed on the blue background.
2. The contents of the license for outsourcing service shall comply with Form No. 01 provided in the Appendix II enclosed herewith.
3. Term of the license of outsourcing service is provided for as follows:
a) Term of the license for outsourcing service maximally does not exceed 60 months;
b) The license for outsourcing service shall be extended multiple times but the term of each extension shall not exceed 60 months;
c) The term of the license for outsourcing service that is re-issued shall not exceed the remaining term of the license granted previously.
Article 8. Application for the license for outsourcing service
An application for the license for outsourcing service includes the following documents:
1. The application form for the license for outsourcing service made by the enterprise using Form No. 02 provided in Appendix II enclosed herewith;
2. The copy of the enterprise registration certificate as regulated;
3. The resume of the legal representative of the enterprise using Form No. 04 provided in Appendix II enclosed herewith;
4. The criminal record No. 1 of the enterprise’s legal representative, which is issued in accordance with the Law on criminal records. If the enterprise’s legal representative is a foreigner who cannot apply for a Vietnamese criminal record, the criminal record No. 1 shall be replaced by a criminal record or document granted by foreign authorities and certifying that he/she has not committed any crimes or faced any criminal prosecutions.
The above-mentioned documents shall be issued within the last 06 months before the date of application submission.
5. Document proving the working experience of the enterprise’s legal representative as regulated in Point c Clause 1 Article 5 of this Decree, which may be:
a) The certified true copy of the labor contract or the employment contract of the enterprise's legal representative; or
b) The certified true copy of the appointment decision (for appointed employees) or the notice of voting results (for voted employees) of the enterprise's legal representative.
If the documents specified in Points a and b of this Clause are made in a foreign language, they must be translated to Vietnamese.
6. The certificate of payment of deposit made using Form No. 05 provided in Appendix II enclosed herewith.
Article 9. Procedures for issuance of the license for outsourcing service
1. The enterprise shall submit an application for license for outsourcing service which includes the documents prescribed in Article 8 hereof to the Department of Labor, War Invalids and Social Affairs of the province or central-affiliated city (hereinafter referred to as “Provincial Department of Labor, War Invalids and Social Affairs) where the enterprise’s head office is located.
2. The application for license for outsourcing service shall be received if it includes all documents specified in Article 8 hereof. After receiving the application, the Provincial Department of Labor, War Invalids and Social Affairs shall issue a receipt specifying the date of receipt to the enterprise.
3. Within 20 working days from the receipt of a complete application, the Provincial Department of Labor, War Invalids and Social Affairs shall examine and appraise the received application, and request the Chairperson of the Provincial People’s Committee to issue the license for outsourcing service to the qualified enterprise.
If the received application is deemed unsatisfactory, within 10 working days from the date of receipt, the Provincial Department of Labor, War Invalids and Social Affairs shall request the enterprise in writing to complete it.
4. Within 07 working days from the receipt of written request from the Provincial Department of Labor, War Invalids and Social Affairs, the Chairperson of the Provincial People’s Committee shall consider issuing the license for outsourcing service to the enterprise; if the application is refused, the enterprise shall be provided with written reasons for such refusal.
5. Chairperson of the Provincial People’s Committee shall not issue the license for outsourcing service to the enterprise in the following cases:
a) The enterprise fails to meet the licensing requirements specified in Article 5 hereof;
b) The enterprise has provided outsourcing serving by using a fake license;
c) The enterprise’s legal representative has acted as a legal representative of an enterprise having its license for outsourcing service revoked as regulated in Points d, dd, e and g Clause 1 Article 12 hereof within the last 05 years before the date of submission of application for license for outsourcing service;
d) The enterprise’s legal representative has acted as the legal representative of the enterprise providing outsourcing service using a fake license.
Article 10. Extension of the license for outsourcing service
1. An outsourcer shall have its license for outsourcing service extended if:
a) It satisfies all licensing requirements specified in Article 5 hereof;
b) It has never faced or only incurred penalty for administrative violations against regulations on outsourcing services one time during the term of its expired license;
c) It has fully complied with the reporting regime as regulated in this Decree;
d) The enterprise has submitted the application for extension of the license for outsourcing service to the Provincial Department of Labor, War Invalids and Social Affairs at least 60 working days before the expiry date of its current license.
2. The application for extension of the license for outsourcing service includes:
a) The application form for extension of license for outsourcing service made by the enterprise using Form No. 02 in Appendix II enclosed herewith;
b) The documents specified in Clause 2 and Clause 6 Article 8 hereof;
c) Documents specified in Clauses 3, 4 and 5 Article 8 hereof if an enterprise applies for extension of license for outsourcing service and replacement of its legal representative at the same time.
3. Procedures for extension of license for outsourcing service shall be same as the ones for issuance of license as set forth in Clauses 1, 2, 3 and 4 of Article 9 hereof.
4. Chairperson of Provincial People's Committee shall refuse to grant extension of license for outsourcing service and provide reasons for such refusal in writing for the enterprise that fails to meet the requirements specified in Clause 1 of this Article or falls into one of the cases specified in Clause 5 Article 9 hereof.
Article 11. Re-issuance of license for outsourcing service
1. The outsourcer shall request Chairperson of Provincial People’s Committee to re-issue the license for outsourcing service in the following circumstances:
a) There is any change in the licensed contents such as name, head office or legal representative of the outsourcer;
b) The outsourcer’s license is lost or destroyed by burning;
c) The license lacks information because of damage.
2. An application for re-issuance of license for outsourcing service includes:
a) The application form for re-issuance of the license using Form No. 02 in Appendix II hereto;
b) Documents specified in Clause 2 Article 8 hereof in case the enterprise changes its name or head office, or the license lacks information because of damage;
c) Documents specified in Clauses 2, 3, 4 and 5 Article 8 hereof in case the enterprise changes its legal representative;
d) Documents specified in Clauses 2, 3, 4, 5 and 6 Article 8 hereof and the document certifying the loss or burning of the license granted by the competent authority of the place where such loss or burning occurs;
dd) The current license in case of application for re-issuance of license as regulated in Point a or Point c Clause 1 of this Article.
3. Procedures for re-issuance of the license for outsourcing service shall be same as those for issuance of the license specified in Article 9 hereof.
Article 12. Revocation of license for outsourcing service
1. An enterprise shall have its license for outsourcing service revoked in the following circumstances:
a) The outsourcing service contract is terminated as requested by the enterprise;
b) The enterprise is dissolved or announced bankrupt according to the Court’s decision;
c) The enterprise fails to meet one of the requirements specified in Article 5 hereof;
d) The enterprise allows another enterprise, organization or individual to use its license;
dd) The enterprise provides employees for outsourcing parties in order to perform jobs which are not on the list of permissible outsourced jobs as regulated in the Appendix I hereto;
e) The enterprise has incurred penalties for administrative violations against regulations on outsourcing 03 times or more during a period of 36 months from the first violation;
g) The enterprise provides forged documents when applying for issuance, extension or re-issuance of the license for outsourcing service, or erases or alters information on the issued license, or uses a fake license;
h) The license is revoked in other cases as requested by the Court.
2. An application for revocation of the license for outsourcing service in cases specified in points a and b, clause 1 of this Article includes:
a) The application form for revocation of the license for outsourcing service using Form No. 03 in Appendix II hereto;
b) The issued license for outsourcing service;
c) The enterprise’s report on the provision of outsourcing service using Form No. 09 in Appendix II hereto.
3. Procedures for revocation of the license for outsourcing service in cases specified in points a and b Clause 1 of this Article shall be carried out as follows:
a) The enterprise shall send an application as regulated in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs of the province or city where its head office is located;
b) The Provincial Department of Labor, War Invalids and Social Affairs shall receive and examine the application, and issue the receipt indicating the date of receipt to the enterprise. Within 10 working days from the receipt of the complete application, the Provincial Department of Labor, War Invalids and Social Affairs shall inspect and review the valid outsourcing service contracts signed by the enterprise, and request Chairperson of the Provincial People’s Committee to revoke the license;
c) Within 07 working days from the receipt of the request of the Provincial Department of Labor, War Invalids and Social Affairs, Chairperson of Provincial People’s Committee shall make a decision on revocation of license for outsourcing service. The decision on revocation of license for outsourcing service shall be made by using Form No. 06 in Appendix II hereto.
4. Procedures for revocation of the license for outsourcing service in cases specified in points c, d, dd, e, g and h Clause 1 of this Article shall be carried out as follows:
a) When an outsourcer is found to commit one of the cases specified in Points c, d, dd, e, g and h Clause 1 of this Article, the Provincial Department of Labor, War Invalids and Social Affairs shall inspect and collect relevant evidences, and submit them to Chairperson of Provincial People's Committee for considering revoking the license;
b) Within 07 working days from the receipt of documents from the Provincial Department of Labor, War Invalids and Social Affairs, Chairperson of Provincial People's Committee shall make decision on revocation of license for outsourcing service of the enterprise;
c) Within 03 working days from the receipt of the decision on revocation of license for outsourcing service, the outsourcer shall return the license to the Provincial People's Committee.
5. The enterprise shall not be issued with a new license for outsourcing service within 05 years from the date on which its license for outsourcing service is revoked in any of the cases specified in Points c, d, dd, e, g and h Clause 1 of this Article.
Article 13. Responsibilities of the enterprise whose license is revoked or whose application for extension or re-issuance of license for outsourcing service is refused
1. Within 15 working days from the receipt of written refusal to extend or re-issue license for outsourcing service, or decision on revocation of license for outsourcing service from Chairperson of Provincial People's Committee, the outsourcer shall liquidate all valid outsourcing service contracts, settle all legitimate rights and interests of outsourced employees and outsourcing parties as regulated by the Labor Code, and disclose information about its termination of provision of outsourcing service on an electronic newspaper within 07 consecutive days.
2. The outsourcer shall arrange jobs for the outsourced employees according to terms and provisions of the signed labor contracts. In case an employee must quit his/her job, the employer using such employee must pay for his/her quit as regulated in Clause 1 Article 98 of the Labor Code.
Chapter III
PAYMENT OF DEPOSITS BY OUTSOURCERS
Article 14. Use of deposits
Deposits shall be used for payment of wage, benefits, social insurance, health insurance, unemployment insurance, and occupational accident and disease insurance premiums, or compensation for the outsourced employees in case the outsourcer breaks the labor contracts signed with these employees or cause damage to them due to the outsourcer’s failure to ensure legitimate rights and interests of the outsourced employees.
Article 15. Payment of deposits
1. The outsourcer shall implement procedures for payment of deposits in accordance with regulations of banks and compliance with provisions of law. 
2. After the outsourcer finished procedures and remitted money, the bank shall issue a certificate of deposit for doing business in outsourcing service to the enterprise, using Form No. 05 in Appendix II hereto. In case of change of any contents of the certificate of deposit for doing business in outsourcing service such as the outsourcer’s name or head office or deposit account number, the outsourcer is required to send a written request and documents proving such change to the deposit-receiving bank for modifying the certificate of deposit for doing business in outsourcing service.
Article 16. Management of deposits
1. The deposit-receiving bank shall block the entire deposit paid by the outsourcer and manage it in accordance with regulations herein and regulations of the law on deposits.
2. The deposit-receiving bank shall let the outsourcer to fully or partially withdraw its deposits, or request the outsourcer to additionally pay deposits as regulated in Articles 17, 18 and 19 hereof.
3. The deposit-receiving bank shall not let the outsourcer to withdraw its deposits without written approval from Chairperson of Provincial People's Committee.
Article 17. Withdrawal of deposits
1. Chairperson of Provincial People's Committee shall allow the outsourcer to withdraw its deposits in the following cases:
a) The outsourcer encounters temporary difficulties and is incapable of paying wage, benefits, social insurance, health insurance, unemployment insurance, and occupational accident and disease insurance premiums for the outsourced employees after 30 days from the due date of payment;
b) The outsourcer encounters temporary difficulties and is incapable of paying compensation to the outsourced employees in case the outsourcer breaks the labor contracts signed with such employees, or cause damage to them due to the enterprise’s failure to ensure their legitimate rights and benefits after 60 days from the due date of compensation payment;
c) The enterprise’s application for license for outsourcing service is refused;
d) The outsourcer has its license for outsourcing service revoked or application for extension or re-issuance of license for outsourcing service refused;
dd) The outsourcer has paid deposits at another commercial bank.
2. The application for withdrawal of deposits sent to the Provincial Department of Labor, War Invalids and Social Affairs shall include:
a) The application form for withdrawal of deposits signed by the enterprise’s legal representative;
b) The plan for use of withdrawn deposits, including reasons and purposes for withdrawing deposits, the list of employees, number of employees, amounts, time and method of payment, in case of withdrawal of deposits as regulated in Points a and b Clause 1 of this Article;
c) The report on and documents proving the enterprise’s fulfillment of obligations towards the outsourced employees in case of withdrawal of deposits as regulated in Point d Clause 1 of this Article;
d) The certificate of deposits for doing business in outsourcing service granted by another commercial bank in case of withdrawal of deposits as regulated in Point dd Clause 1 of this Article.
3. The application for withdrawal of deposits sent to the deposit-receiving bank shall include:
a) The application form for withdrawal of deposits signed by the enterprise’s legal representative;
b) The written approval for withdrawal of deposits granted by Chairperson of Provincial People's Committee using Form No. 07 in Appendix II hereto;
c) Vouchers of withdrawal of deposits as regulated by the deposit-receiving bank (if any).
4. Procedures for withdrawal of deposits shall be carried out as follows:
a) The outsourcer shall submit an application as regulated in Clause 2 of this Article to Department of Labor, War Invalids and Social Affairs of province or city where the enterprise's head office is located;
b) Provincial Department of Labor, War Invalids and Social Affairs shall receive and examine the application, and issue the receipt indicating the date of receipt to the enterprise. Within 05 working days from the receipt of the complete application, the Provincial Department of Labor, War Invalids and Social Affairs shall verify the enterprise’s fulfillment of obligations towards its outsourced employees and request Chairperson of the Provincial People’s Committee to give approval for the enterprise’s withdrawal of deposits;
c) Within 05 working days from the receipt of request from Provincial Department of Labor, War Invalids and Social Affairs, Chairperson of Provincial People's Committee shall issue an approval for withdrawal of deposits and the plan for use of deposits (if any) and send them to the enterprise and the deposit-receiving bank;
d) After receiving the written approval for withdrawal of deposits from Chairperson of Provincial People’s Committee, the outsourcer shall submit an application as regulated in Clause 3 of this Article to the deposit-receiving bank;
dd) The deposit-receiving bank shall receive and examine the application for withdrawal of deposits submitted by the outsourcer. If the received application is deemed lawful and satisfactory, the deposit-receiving bank shall let the outsourcer withdraw its deposits. In case of withdrawal of deposits as regulated in Points a and b Clause 1 of this Article, after deducting the bank service charges, the deposit-receiving bank shall directly make payments and compensations to the outsourced employees according to the plan approved by Chairperson of Provincial People’s Committee.
Article 18. Use of deposits of outsourcer failing to fulfill obligations towards outsourced employees
1. Deposits of the outsourcer shall be used to pay interests and benefits to the outsourced employees as regulated in Article 14 hereof in case the outsourcer neither makes payment nor submits a request for withdrawal of deposits for making payments to the outsourced employees after 60 days from the due date of payment.
2. Provincial Department of Labor, War Invalids and Social Affairs shall inspect, verify and request the outsourcer to submit the list of outsourced employees, in which unpaid payments or compensations of each employee must be specified. The outsourcer is required to submit such list of outsourced employee within 05 working days from the receipt of the request from the Provincial Department of Labor, War Invalids and Social Affairs. Within 03 working days from the receipt of the list of outsourced employees from the enterprise, the Provincial Department of Labor, War Invalids and Social Affairs shall consider, consolidate and request Chairperson of Provincial People’s Committee to make decision on withdrawal of outsourcer's deposits to make payments as regulated in Clause 1 of this Article.
3. Within 05 working days from the receipt of request from Provincial Department of Labor, War Invalids and Social Affairs, Chairperson of Provincial People's Committee shall consider making decision on withdrawal of deposits of the outsourcer. The Decision on withdrawal of deposits shall be made using Form No. 08 in Appendix II hereto.
4. Within 07 working days from the receipt of Decision on withdrawal of deposits from Chairperson of the Provincial People's Committee, the deposit-receiving bank shall use deposits of the outsourcer to directly make payments, after deducting the bank service charges, according to the plan and list of outsourced employees enclosed with the Decision of Chairperson of the Provincial People's Committee.
5. Provincial Department of Labor, War Invalids and Social Affairs shall supervise the process of making payments and compensations to the outsourced employees as regulated in Clause 1 of this Article and submit a report thereof to the Provincial People’s Committee.
Article 19. Additional payment of deposits
1. Within 30 days, after money is withdrawn from the deposit account for making payments in cases mentioned in Points a and b Clause 1 Articles 17 and 18 hereof, the outsourcer must remit to add full deposits as prescribed in Clause 2 Article 5 hereof.
2. After the time limit specified in Clause 1 of this Article, if the outsourcer fails to add full deposits, the deposit-receiving bank shall submit written notification thereof to the Provincial Department of Labor, War Invalids and Social Affairs and the Provincial People's Committee.
Chapter IV
PERMISSIBLE OUTSOURCED JOBS
Article 20. List of permissible outsourced jobs
1. The list of permissible outsourced jobs is provided in Appendix I hereto.
2. The outsourcing service is provided for only jobs in the List specified in Clause 1 of this Article and ensures provisions in Article 4 Article 21 hereof.
Article 21. Cases where outsourcing is not allowed
1. Either outsourcer or outsourcing party is involved in labor disputes, settling strikes, or replaces the outsourced employees who are exercising right of strike or settling labor disputes.
2. The outsourcer does not enter into an agreement with the outsourcing party about the responsibilities for paying occupational accident or disease compensations for the outsourced employees.
3. No approval is made by the outsourced employees.
4. The employees who are dismissed due to restructure, changes of technologies or merger, consolidation, division, separation of enterprises or due to economical reasons are replaced.
Chapter V
IMPLEMENTATION
Article 22. Responsibilities of outsourcers
Each outsourcer shall:
1. Publicly post up the original license for outsourcing service at its head office and the certified true copies thereof at its branches and representative offices (if any).
2. Submit six-month and annual reports on its provision of outsourcing service, using Form No. 09 in Appendix II hereto, to the People’s Committee and the Department of Labor, War Invalids and Social Affairs of the province where its head office is located. The six-month report and annual report must be sent by June 20 and December 20 respectively.
3. Immediately submit reports on any incidents related to its provision of outsourcing service to local competent authorities or as requested by regulatory labor authorities.
4. Fulfill obligations of the outsourcer according to regulations hereof.
Article 23. Responsibilities of deposit-receiving banks
Each deposit-receiving bank shall:
1. Comply with regulations on opening of deposit accounts, payment of deposits and use of deposit accounts of outsourcers, and other relevant regulations on these deposit accounts.
2. Submit quarterly report on payment of deposits by outsourcers using Form No. 11 in Appendix II hereto to the People's Committee and the Department of Labor, War Invalids and Social Affairs of the province where head office of the outsourcer is located by the 15th of the first month of the following quarter.
3. Fulfill obligations of the deposit-receiving bank according to regulations hereof.
Article 24. Responsibilities of Provincial Departments of Labor, War Invalids and Social Affairs
Each Provincial Department of Labor, War Invalids and Social Affairs shall:
1. Disseminate regulations of laws on labor and labor outsourcing to employers, employees and relevant authorities and organizations in that province.
2. Instruct, inspect and supervise the implementation of regulations on labor outsourcing in that province.
3. Monitor and submit consolidated six-month and annual reports on labor outsourcing status in that province, using Form No. 10 in Appendix II hereto, to the Ministry of Labor, War Invalids and Social Affairs and the provincial People’s Committee. The six-month report must be sent by July 20 in the same year, and the annual report must be sent by January 20 of the following year.
4. Fulfill obligations of Provincial Department of Labor, War Invalids and Social Affairs according to regulations hereof.
Article 25. Responsibilities of Provincial People’s Committees
Each Provincial People’s Committee shall:
1. Submit reports on issuance, extension, re-issuance and revocation of license for outsourcing service to the Ministry of Labor, War Invalids and Social Affairs within 05 working days from the date on which a license is issued, extended, re-issued or revoked, for supervision and management.
2. Publish information about enterprises having license for outsourcing service issued, extended, re-issued or revoked on its website.
3. Fulfill obligations of the provincial People’s Committee according to regulations hereof.
Article 26. Responsibilities of Ministry of Labor, War Invalids and Social Affairs
1. Disseminate, instruct and inspect the implementation of the Labor Code regarding labor outsourcing.
2. Inspect and supervise the issuance, extension, re-issuance and revocation of license for outsourcing service by Provincial People's Committees.
3. Publish consolidated information about enterprises that have license for outsourcing service issued, extended, re-issued or revoked on its website.
4. Make consolidated reports on labor outsourcing nationwide.
5. Fulfill obligations of the Ministry of Labor, War Invalids and Social Affairs according to regulations hereof.
An enterprise having obtained license for outsourcing service before the effective date of this Decree shall:
1. Be allowed to continue providing outsourcing service until the expiry date of its license; or
2. Be eligible to apply for a new license if the licensed enterprise falls into one of the cases of extension or re-issuance of the license prescribed in Articles 10 and 11 hereof.
3. Have its license for outsourcing service revoked by the People’s Committee of the province where its head office is located according to Article 12 hereof if it is subjected to the case of license revocation.
Article 28. Entry into force
1. This Decree comes into force from May 05, 2019.
Article 29. Implementation responsibility
Ministers, heads of ministerial agencies, heads of governmental agencies, Chairpersons of Provincial People’s Committees and relevant authorities, organizations, enterprises, cooperatives and individuals shall implement this Decree./.
 
 
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc



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