Question: My enterprise currently has a demand to send Vietnamese workers to work abroad. Pursuant to current legal regulations, what conditions must my enterprise satisfy and how to implement the dossier and procedures to apply for the License to operate the service of sending Vietnamese workers to work abroad under contracts? Which agency has the jurisdiction to receive and process this dossier?
Answer: The operation of the service of sending Vietnamese workers to work abroad under contracts is a conditional business investment line and may only be conducted by Vietnamese enterprises having the License to operate the service of sending Vietnamese workers to work abroad under contracts, specifically prescribed as follows:
1. Conditions to apply for the License
Pursuant to Clause 1 Article 10 of the Law on Vietnamese Workers Working Abroad under Contracts 2020, an enterprise is issued the License to operate the service of sending Vietnamese workers to work abroad under contracts upon fully satisfying the following conditions:
– Having the charter capital of 05 billion VND or more; having the owner, all members, and shareholders as domestic investors;
– Having deposited the margin pursuant to Article 24 of this Law;
– Having a legal representative who is a Vietnamese citizen, holds a bachelor’s degree or higher, and has at least 05 years of experience in the field of sending Vietnamese workers to work abroad under contracts or employment services; is not currently subject to criminal prosecution; has no criminal record for one of the crimes against national security, crimes against human life, health, dignity, and honor, the crime of obtaining property by fraud, the crime of abuse of trust to appropriate property, the crime of false advertising, the crime of deceiving customers, the crime of organizing or brokering illegal exit, entry, or stay in Vietnam for others, the crime of organizing or brokering for others to flee abroad or stay abroad illegally, or the crime of coercing others to flee abroad or stay abroad illegally;
– Having a sufficient number of professional staff to perform the contents prescribed in Article 9 of this Law;
– Having the enterprise’s facilities or facilities stably leased by the enterprise to meet the requirements of orientation education for Vietnamese workers working abroad under contracts;
– Having a website.
2. Dossier to apply for the License
Pursuant to Point c Clause 2 Section A Part II of Decision 458/2025/QD-BNV, the dossier proposing the issuance of the License comprises:
– The enterprise’s written proposal for the issuance of the License (Form No. 02 Appendix I promulgated together with Decree No. 372/2025/ND-CP);
– A copy of the Enterprise Registration Certificate;
– Documents proving the satisfaction of the conditions prescribed in Article 10 of the Law on Vietnamese Workers Working Abroad under Contracts dated November 13, 2020, specifically comprising:
+ 01 copy of the latest register of members for limited liability companies and partnerships; 01 copy of the latest register of shareholders for joint-stock companies;
+ 01 original of the Certificate of margin deposit for the operation of the service of sending Vietnamese workers to work abroad under contracts (Form No. 03 Appendix I promulgated together with Decree No. 372/2025/ND-CP);
+ 01 copy of the professional diploma; 01 copy of the documents proving work experience (demonstrated by one of the following documents: the appointment decision or labor contract, the document terminating the labor contract; the notice confirming the period of participation in social insurance; the certificate of experience from the previous workplace) of the legal representative.
+ 01 original of the List of professional staff performing the operation of the service of sending Vietnamese workers to work abroad under contracts according to Form No. 04 promulgated together with Decree No. 372/2025/ND-CP; 01 copy of the professional diploma, and foreign language diploma or certificate (if any) for each professional staff member;
+ 01 copy of the certificate of ownership of residential houses and other land-attached assets or the facility lease contract to organize orientation education, accompanied by an inventory confirmed by the enterprise regarding equipment, layout plans of classrooms and boarding areas.
3. Sequence and procedures to apply for the License
Pursuant to Point a Clause 2 Section A Part II of Decision 458/QD-BNV, the procedures to apply for the license are conducted according to the following steps:
– Step 1: The service enterprise submits 01 set of the dossier directly or via postal services to the Ministry of Home Affairs 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 dossier, the Minister of Home Affairs shall consider and issue the License to the enterprise; in case of refusal to issue the License, a written response shall be provided clearly stating the reasons.
4. Jurisdiction to issue the License
– The License to operate the service of sending Vietnamese workers to work abroad under contracts shall be issued by the Minister of Home Affairs to enterprises fully satisfying the conditions pursuant to regulations.
(Pursuant to Clause 1 Article 3 of Decree 112/2021/ND-CP, as amended by Clause 1 Article 1 of Decree 372/2025/ND-CP)
