VI My company currently needs to send Vietnamese workers abroad. According to current legal regulations, what conditions must my company meet, and what documents and procedures must I follow to apply for a license to operate services for sending Vietnamese workers abroad under contract? Which agency has the authority to receive and process this application? Let’s find out more with Pham Consult!
The service of sending Vietnamese workers abroad under contract is a conditional investment and business sector and can only be carried out by Vietnamese enterprises holding a license to operate the service of sending Vietnamese workers abroad under contract, as specifically stipulated below:
Conditions for obtaining a license
Based on Clause 1, Article 10 of the Law on Vietnamese Workers Going Abroad under Contract 2020, enterprises are granted a license to operate the service of sending Vietnamese workers abroad under contract when they meet the following conditions:
– Having charter capital of VND 5 billion or more; having owners, all members, and shareholders who are domestic investors;
– Having deposited the security fund as prescribed in Article 24 of this Law;
– Having a legal representative who is a Vietnamese citizen, holds a university degree or higher, and has at least 5 years of experience in the field of sending Vietnamese workers abroad under contract or employment services; not currently under criminal investigation; and has no criminal record for any of the following crimes: crimes against national security, crimes against life, health, dignity, or honor; fraud; abuse of trust; false advertising; deceiving customers; organizing or brokering illegal exit, entry, or stay in Vietnam; organizing or brokering illegal escape or stay abroad; or coercing illegal escape or stay abroad;
– Having a sufficient number of professional staff to carry out the tasks stipulated in Article 9 of this Law;
– Possessing the enterprise’s own facilities or being leased by the enterprise on a stable basis to meet the requirements for orientation education for Vietnamese workers going to work abroad under contract;
– Having a website.
Application for a License
Based on Point c, Clause 2, Section A, Part II of Decision 458/2025/QD-BNV, the application for a license includes:
– A written request for a license from the enterprise (according to Form No. 02, Appendix I issued with Decree 372/2025/ND-CP);
– A copy of the Enterprise Registration Certificate;
– Documents proving compliance with the conditions stipulated in Article 10 of the Law on Vietnamese Workers Going to Work Abroad under Contract dated November 13, 2020, specifically including:
+ 01 copy of the latest membership register for limited liability companies and partnerships; 01 copy of the latest shareholder register for joint-stock companies;
+ 01 original Certificate of Deposit for the operation of sending Vietnamese workers abroad under contract (according to Form No. 03, Appendix I issued with Decree 372/2025/ND-CP);
+ 01 copy of professional diploma; 01 copy of documents proving work experience (shown by one of the following documents: appointment decision or labor contract, labor contract termination document; notification confirming the period of participation in social insurance; certificate of experience from the previous workplace) of the legal representative.
+ 01 original List of professional staff performing the service of sending Vietnamese workers abroad under contract according to Form No. 04 issued with Decree 372/2025/ND-CP; 01 copy of professional diploma, foreign language diploma or certificate (if any) for each professional staff member;
+ 01 copy of certificate of ownership of housing and other assets attached to land or lease contract for facilities to organize orientation education, accompanied by a list certified by the enterprise of equipment, floor plan of classrooms and dormitory area.
Procedure for applying for a License
Based on Point a, Clause 2, Section A, Part II of Decision 458/QD-BNV, the procedure for applying for a license is carried out in the following steps:
– Step 1: The service enterprise submits 01 set of documents directly or via postal service to the Ministry of Interior or online at the National Public Service Portal https://dichvucong.gov.vn.
– Step 2: Within 15 days from the date of receiving a complete and valid application, the Minister of Interior will review and issue the license to the enterprise; In cases where a license is not granted, a written response must be provided stating the reasons.
Authority to grant licenses:
– Licenses for providing services to send Vietnamese workers abroad under contract are granted by the Minister of Home Affairs to enterprises that meet all the prescribed conditions.
(Based on Clause 1, Article 3 of Decree 112/2021/ND-CP, amended by Clause 1, Article 1 of Decree 372/2025/ND-CP)
