Circular No. 01/2014/TT-BLDTBXH provides detailed regulations and guidance on implementing certain provisions of Decree No. 55/2013/NĐ-CP dated May 22, 2013, issued by the Government, regarding the issuance of permits for labor dispatch activities, the deposit requirement, and the list of jobs that can be performed through labor dispatch.

CIRCULAR

Detailed regulations and guidance on implementation of certain provisions of N |||Decision

Decree No. 55/2013/NĐ-CP dated May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code regarding issuance of permits for labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch. Cgovernment detailed regulations

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labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch;

55/2013/NĐ-CP dated May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code concerning the issuance of permits for labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch;g

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Pursuant to the Maritime Code of Vietnam LThe Government issues this Decree amending and

Pursuant to DecreeNo. 55/2013/NĐ-CP dated May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code concerning the issuance of permits for labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch;June 2024;Article 54 of the Labor Code concerning the issuance of permits for labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch;onLabor Code concerning the issuance of permits for labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch; LLabor Code concerning the issuance of permits for labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch;

Pursuant to DecreeNo. 106/2012/NĐ-CP dated December 20, 2012 of the Government detailing the functions, tasks, and organizational structure of the Ministry of Labor, War Invalids and Social AffairsJune 2024;and Social Affairs promulgates this Circular providing detailed regulations and guidance on implementation of certain provisions of Decree No. 55/2013/NĐ-CP dated May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code concerning the issuance of permits for labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch.onof the State Treasury;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP This Circular stipulates procedures for issuing, reissuing, extending, and revoking the Permit for Labor Dispatch Activities, reporting on labor dispatch activities according to Decree No. 55/2013/NĐ-CP dated May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code concerning the issuance of permits for labor dispatch activities, deposit requirements, and the list of jobs that can be performed through labor dispatch (hereinafter referred to as Decree No. 55/2013/NĐ-CP). - Column (2) records the type of mineral and its export quality.This Circular applies to enterprises engaged in labor dispatch (hereinafter referred to as labor dispatch enterprises), employers leasing workers, leased workers, and other organizations, individuals related to labor dispatch activities..

, the Director of the Cadre and Civil Servant Organization Department, the Director of the Plant Protection Agency, the Director of the Crop Production Agency, the Director of the Quality, Processing, and Market Development Agency;,

The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the adjustment rate for monthly salary and income already paid for social insurance;iArticle 3. Documents to confirm foreign enterprises specializing in labor dispatch business

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. A foreign enterprise specializing in labor dispatch business under Point a, Clause 3, Article 6 of Decree No. 55/2013/NĐ-CP is an enterprise whose main production and business activity is labor dispatch.

Article 2. Applicability

The documents to confirm that an enterprise is engaged in labor dispatch business include one of the following documents:

a) Business registration certificate of the enterprise, in which labor dispatch is the permitted activity;

b) Labor dispatch permit issued by the competent authority of the host country;

c) Other documents issued by the competent authority of the host country allowing the enterprise to conduct labor dispatch activities.

2. Documents proving experience in the field of labor dispatch under Point b, Clause 3, Article 6 of Decree No. 55/2013/NĐ-CP are contracts that the enterprise has conducted labor dispatch activities, showing the duration of permitted labor dispatch activities according to the regulations of the host country and related documents (if any).

Article 4. Documents to confirm the location of the headquarters, branch, and representative office of the labor dispatch enterprise

Valid documents to prove the case where the location of the headquarters, branch, and representative office of the enterprise is a house owned by the person named in the business registration according to Article 7 of Decree No. 55/2013/NĐ-CP, including one of the following documents such as Certificate of Land Use Right, House Ownership Certificate of the person named.

2. The document proving experience in the outsourcing labor field pursuant to Point b Clause 3 Article 6 Decree No. 55/2013/NĐ-CP is a contract that the enterprise has conducted outsourcing labor activities, indicating the period of outsourcing labor operations permitted according to the regulations of the host country and related documents (if any).

Article 4. Documents for confirming the location of the headquarters, branch, and representative office of the outsourcing business enterprise

Valid documents to prove the case where the location of the headquarters, branch, and representative office of the enterprise is a house owned by the person registering the business under Article 7 Decree No. 55/2013/NĐ-CP, including one of the following documents such as Certificate of Land Use Right, House Ownership of the person registering the business.

Article 5. The head of the leasing business, branch, representative office, manager, and key position holder of the leasing business

1. The head of the leasing business, branch, representative office of the leasing business under Clause 2 of Article 8 of Decree No. 55/2013/NĐ-CP is the owner of the business for a private enterprise, the owner of the company for a limited liability company with one member, or the authorized representative of the owner of the company for a limited liability company with two or more members, or the shareholder or the authorized representative of the shareholder for a joint-stock company, or the general partner for a partnership company.

2. The head of the leasing business must prove their experience in the field of labor leasing as stipulated in Clause 2 of Article 8 of Decree No. 55/2013/NĐ-CP through contracts on managing and operating labor leasing activities or contracts on managing and operating labor supply activities.

The content of the curriculum vitae of the head of the leasing business is prescribed according to the model attached as Appendix II to this Circular.

3. The manager and key position holder of the leasing business under Article 9 of Decree No. 55/2013/NĐ-CP is the General Director or Managing Director, Chief Accountant, and other managers specified in the Articles of Association of the business or positions appointed by the competent authority within the management board of the leasing business.

Article 6. Cases of transferring the location of the headquarters, branch, representative office of the leasing business

1. The leasing business has the right to transfer the location of its headquarters, branch, representative office before the time limit prescribed in Clause 2 of Article 10 of Decree No. 55/2013/NĐ-CP, in the following cases:

a) Fire;

b) Collapse, damage, subsidence causing loss;

c) Evacuation pursuant to the decision of the competent authority;

d) Other force majeure cases.

2. The notification letter sent to the Department of Labor - Invalids and Social Affairs regarding the transfer of the location of the headquarters, branch, representative office of the leasing business must be accompanied by confirmation papers from the People's Committee of the commune, ward, town for the cases prescribed in Point a and Point b of Clause 1 of this Article, or recognition papers from the competent authority mentioned above for the case prescribed in Point d of Clause 1 of this Article.

Chapter II

PROCEDURES FOR ISSUING, REISSUING, EXTENDING AND REVOKING

LICENSE FOR LABOR LEASING ACTIVITIES

Article 7. Procedures for issuing, reissuing, extending the License for Labor Leasing Activities

1. The business has the responsibility to directly submit a complete set of Application Files for issuing, reissuing, extending the License for Labor Leasing Activities as prescribed in Article 11 of Decree No. 55/2013/NĐ-CP to the Department of Labor - Invalids and Social Affairs of the province or city where the business's main office is located to request the examination of the Application File for issuing, reissuing, extending the License for Labor Leasing Activities (hereinafter referred to as the License), while sending one copy of the Application File to the Ministry of Labor - Invalids and Social Affairs (Legal Department) to proceed with the issuance, reissuance, extension of the License.

In the event that the Application File submitted by the business for examination is not fully provided with the documents prescribed in the Application File for issuing, reissuing, extending the License, then within three working days from the date of receipt of the Application File for examination, the Department of Labor - Invalids and Social Affairs has the responsibility to notify the business in writing about the request to supplement the missing documents.

2. Upon receiving the Application File for issuing, reissuing, extending the License, the Department of Labor - Invalids and Social Affairs has the responsibility to record it in the tracking book and issue a receipt to the business, which must clearly state the date, month, year of receipt of the Application File, the documents included in the Application File, and the response deadline.

The Department of Labor - Invalids and Social Affairs has the responsibility to examine the authenticity of the contents of the Application File within thirty working days from the date of receipt of a complete and valid Application File and send the results of the examination of the Application File along with one copy of the Application File for issuing, reissuing, extending the License of the business to the Ministry of Labor - Invalids and Social Affairs (Legal Department).

3. The Minister of Labor - Invalids and Social Affairs bases on the Application File for issuing, reissuing, extending the License of the business and the examination results of the Application File of the Department of Labor - Invalids and Social Affairs, as well as other relevant regulations to proceed with the issuance, reissuing, extension or non-issuance, reissuing, extension of the License according to the time limit prescribed in Clause 2 of Article 13 of Decree No. 55/2013/NĐ-CP and sends a written reply to the business, while sending the decision to the Department of Labor - Invalids and Social Affairs where the examination of the Application File for issuing, reissuing, extending the License was conducted.

Article 8. Application for Issuance, Reissuance, and Extension of the Permit

1. The application for issuance, reissuance, and extension of the Permit includes the documents specified in Article 11 of Decree No. 55/2013/ND-CP.

2. In cases of extending the Permit or applying for a new Permit, the leasing enterprise must submit the application for extension or issuance of a new Permit in accordance with Article 7 of this Circular at least 90 working days before the expiration date of the current Permit.

3. In cases where the Permit needs to be reissued due to loss or damage by fire, in addition to the documents specified in Clause 1 of this Article, the leasing enterprise must also attach a confirmation letter from the People's Committee of the commune, ward, or town regarding the loss or damage by fire of the Permit.

In cases where the Permit needs to be reissued due to damage, the leasing enterprise is responsible for submitting a copy of the Permit along with the application for reissuance to the Department of Labor, Invalids, and Social Affairs for review and resubmission of the Permit to the Ministry of Labor, Invalids, and Social Affairs (Legal Department) when applying for reissuance of the Permit.

Article 9. Permit for Labor Leasing Activities

1. The Permit for labor leasing activities under Clause 1 of Article 12 of Decree No. 55/2013/ND-CP consists of one page printed on white hard paper, with blue floral patterns, the national emblem embossed, black border, and all contents as prescribed in Appendix I issued together with Decree No. 55/2013/ND-CP.

2. If the Permit has been extended twice according to Clause 2 of Article 12 of Decree No. 55/2013/ND-CP and the leasing enterprise still wishes to continue labor leasing activities after the expiration of the Permit, the enterprise must follow the procedures to apply for a new Permit to continue such activities.

3. For enterprises engaged in production and business operations through service provision, where workers have been hired by the enterprise and then transferred to another employer's enterprise to perform a job without being directly or indirectly managed by that employer, as required to comply with regulations on: labor rules; collective labor agreements; working hours; rest periods; occupational safety and health; labor discipline and material responsibility of the employer throughout the service provision process, there is no mandatory requirement to obtain a Permit to conduct such business activities.

Article 10. Cases of Reissuance and Replacement of the Permit

1. The leasing enterprise may reissue the Permit if it is lost, damaged by fire, or damaged.

2. The leasing enterprise may replace the Permit if it receives a new business registration certificate due to changes in business registration content and meets the statutory capital requirements stipulated in Article 5 of Decree No. 55/2013/ND-CP within 20 working days after submitting the application for replacement of the Permit to the Ministry of Labor, Invalids, and Social Affairs (Legal Department), accompanied by a document proving compliance with the statutory capital requirements as specified in Article 6 of Decree No. 55/2013/ND-CP.

Article 11. Announcing the Permit

1. Within ten days from the date of issuance or extension of the Permit, the leasing enterprise must submit a notification letter along with a copy of the Permit to the Department of Labor - Invalids and Social Affairs of the province or city where the enterprise's headquarters is located, and publicly post a copy of the Permit at its headquarters.

2. Within thirty days from the date of issuance or change of the Permit, the enterprise must publish the contents of the Permit on an electronic newspaper for five consecutive days.

Article 12. Examination of Application Files for Issuance, Reissuance, and Extension of the Permit

1. The Department of Labor - Invalids and Social Affairs of the province or city where the enterprise's headquarters is located shall base its examination of the authenticity of the application files for issuance, reissuance, and extension of the Permit on the provisions of Decree No. 55/2013/NĐ-CP and Articles 3, 4, 5, and 6 of this Circular, as well as other relevant regulations.

During the examination process, if it is discovered that the enterprise has made false declarations or forged contents in the application files for issuance, reissuance, or extension, then the Department of Labor - Invalids and Social Affairs of the province or centrally-administered city receiving the application files shall be responsible for proposing the Minister of Labor - Invalids and Social Affairs to revoke the Permit within five working days from the date of discovery of such actions.

2. In cases where necessary, the Department of Labor - Invalids and Social Affairs may request the enterprise to report on issues related to the application files; propose relevant agencies to provide comments in writing on issues related to the application files for issuance, reissuance, or extension of the Permit. The enterprise shall be responsible for providing information and documents to serve the examination of the application files.

Article 13. Procedure for Revoking the Permit for Leasing Labor Services

1. The Department of Labor - Invalids and Social Affairs shall be responsible for proposing the Minister of Labor - Invalids and Social Affairs to revoke the Permit of the leasing enterprise when the enterprise falls under any of the circumstances stipulated in Clause 1, Article 14 of Decree No. 55/2013/NĐ-CP or fails to complete procedures for issuance, reissuance, or extension of the Permit or does not obtain a new issuance or extension of the Permit.

2. The Minister of Labor - Invalids and Social Affairs shall decide to revoke the Permit according to the provisions of Article 13 of Decree No. 55/2013/NĐ-CP, and simultaneously notify the revocation of the Permit to the People's Committee of the province or centrally-administered city where the enterprise's headquarters is located.

3. Within fifteen days from the date the Minister of Labor - Invalids and Social Affairs makes the decision to revoke the Permit, the leasing enterprise must return the issued Permit to the Ministry of Labor - Invalids and Social Affairs (Legal Department).

Article 14. Responsibilities of the Leasing Enterprise When the Permit Is Revoked

1. Within thirty working days from the date of the Decision to Revoke the Permit by the Minister of Labor - Invalids and Social Affairs, the leasing enterprise must submit a written report to the Department of Labor - Invalids and Social Affairs regarding the cessation of leasing labor services activities, including the following main contents:

a) Valid leasing labor service contracts;

b) Number of workers leased to the hiring party who are still working;

c) Number of workers hired under valid contracts;

d) Plan to fulfill the employer's responsibilities under valid contracts.

If the enterprise does not conduct leasing labor services activities within six months from the date of issuance of the Permit as stipulated in Point g, Clause 1, Article 14 of Decree No. 55/2013/NĐ-CP, the enterprise will be considered for refund of the deposit without having to report according to the content prescribed in Clause 1 of this Article after fulfilling the obligations prescribed in Clause 3 of this Article.

2. Within twenty days from the date of receipt of the Decision to Revoke the Permit by the Minister of Labor - Invalids and Social Affairs, the leasing enterprise must publicly announce the cessation of leasing labor services activities on an electronic newspaper for seven consecutive days.

3. After completing obligations to the State as prescribed in Article 15 of this Circular and responsibilities towards leased workers under signed contracts, the leasing enterprise must submit a written report to the Department of Labor - Invalids and Social Affairs of the province or city where the enterprise's headquarters is located regarding the completion of these obligations, accompanied by documents proving the fulfillment of these obligations.

The Department of Labor - Invalids and Social Affairs shall examine and issue a proposal to the Minister of Labor - Invalids and Social Affairs to refund the deposit to the enterprise according to the provisions of Article 19 of Decree No. 55/2013/NĐ-CP.

Article 15. Procedures for Confirming Statutory Capital in Labor Leasing Activities

When confirming statutory capital for establishing a labor leasing business or adding labor leasing activities to existing businesses according to Article 6 of Decree No. 55/2013/NĐ-CP, in addition to the registration documents required under the business registration procedures, there must be a confirmation document regarding capital sent to the business registration authority to process the issuance of a business registration certificate or the addition of labor leasing business activities as follows:

1. For newly established enterprises, the statutory capital confirmation documents include the documents specified in Clause 2 of Article 6 of Decree No. 55/2013/NĐ-CP.

In cases where the contributed capital is in the form of money, a confirmation document from a commercial bank permitted to operate in Vietnam regarding the amount of deposit made by the founding members must be provided. The minimum deposit amount must equal the monetary contribution of the founding members and can only be disbursed after the enterprise has been issued a Business Registration Certificate.

2. For operating enterprises that need to add labor leasing business activities, the statutory capital confirmation documents must include a confirmation document from an independent auditing organization regarding the current capital owned by the enterprise as recorded in the latest financial report of the enterprise (for the registration year or the preceding year), ensuring it is greater than or equal to the statutory capital stipulated in Decree No. 55/2013/NĐ-CP (VND 2 billion).

3. Organizations and individuals directly confirming the statutory capital shall jointly bear responsibility for the accuracy and truthfulness of the capital at the time of confirmation.

Article 16. Obligations of Enterprises

Labor leasing enterprises have the following basic obligations:

1. To conduct business activities in accordance with the industry and profession registered in the Business Registration Certificate; ensure business conditions as prescribed by law when engaging in conditional business activities.

2. To organize accounting work, prepare and submit accurate and timely financial reports as required by the accounting laws.

3. To register tax identification number, declare taxes, pay taxes, and fulfill other financial obligations as prescribed by law.

4. To ensure the rights and interests of workers as prescribed by labor laws; implement social insurance, health insurance, and other insurances for workers as prescribed by insurance laws.

5. To ensure and be responsible for the quality of goods and services according to the standards registered or announced.

6. To implement statistical systems as prescribed by law on statistics; periodically report complete information about the enterprise and its financial situation to competent state agencies according to the prescribed format; promptly correct and supplement any inaccuracies or incompleteness in reported or reported information.

7. To comply with laws on national defense, security, public order, social safety, resource protection, environmental protection, and cultural heritage preservation.

8. Other obligations as prescribed by law.

Chapter III

REPORTING REGIME FOR LABOR LEASING ACTIVITIES

Article 17. Report on the situation of labor leasing

1. The report on the situation of labor leasing is a document summarizing the situation and results of the implementation of labor leasing activities by the leasing enterprise and relevant agencies, organizations, and units in accordance with the provisions of the law.

2. Reporting must ensure completeness, accuracy, objectivity, and timeliness.

3. The reporting of the leasing enterprise includes:

a) Periodic reports every six months and annually according to the model attached at Appendix I of this Circular. Reports must be sent to the Ministry of Labor - Invalids and Social Affairs (Legal Department), and simultaneously sent to the People's Committee of the province (Department of Labor - Invalids and Social Affairs) where the leasing enterprise has its main office before June 20th and December 20th each year;

b) Ad hoc reports upon request of the Ministry of Labor - Invalids and Social Affairs or the People's Committee of the province or centrally governed city;

In case the leasing enterprise falls under any of the provisions stipulated in Clause 2, 3, and 4 of Article 18 of this Circular, the report shall be submitted to the People's Committee of the province or centrally governed city and other relevant agencies and units in accordance with the law.

Article 18. Ad hoc reporting situations

The leasing enterprise has the obligation to submit ad hoc reports on the situation of labor leasing activities in the following cases:

1. At the request of the Minister of Labor - Invalids and Social Affairs or the Chairman of the People's Committee of the province or centrally governed city where the enterprise has its main office;

2. Occurrence of serious workplace accidents or fatal accidents involving leased workers during the labor leasing process;

3. Labor disputes between the leasing enterprise or the lessee and the leased workers; strikes or if the leasing enterprise falls under any of the circumstances specified in Clause 1 of Article 14 of Decree No. 55/2013/NĐ-CP;

4. Emergence of new, unusual, serious, and complex incidents directly related to the rights and legitimate interests of the parties involved in labor leasing activities.

Article 19. Forms of reporting and methods for submitting reports

1. The report on the situation of labor leasing activities must be in writing, signed and stamped by the head of the leasing enterprise, and accompanied by an electronic file.

If the head of the enterprise delegates authority to a manager or key position holder, they must sign on behalf of the head of the enterprise, and attach a delegation letter.

2. The report on the situation of labor leasing activities shall be sent to the recipient through one of the following methods:

a) Sent via postal service;

b) Direct delivery.

Article 20. Reporting changes in management personnel and key position holders

When there is a change in management personnel or key position holders of the leasing enterprise as stipulated in Article 9 of Decree No. 55/2013/NĐ-CP, the leasing enterprise must report to the Department of Labor - Invalids and Social Affairs in writing, along with a brief resume of the newly appointed leader responsible for managing the labor leasing activities and documents proving compliance with the conditions set out in Article 8 of Decree No. 55/2013/NĐ-CP.

Chapter IV

IMPLEMENTING PROVISIONS

Article 21. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. Accepting applications and issuing, reissuing, and extending labor leasing operation licenses for enterprises in accordance with the law.

2. Keeping records of issued, reissued, and extended labor leasing operation licenses.

3. Announcing enterprises that have been granted permission to operate labor leasing.

Article 22. Responsibilities of Departments of Labor, Invalids and Social Affairs

1. Organizing publicity and dissemination of Vietnam’s labor laws concerning labor leasing to leasing enterprises, lessees, and leased workers within their jurisdiction.

2. Reviewing applications for issuance, reissuance, and extension of licenses from enterprises.

3. Supervising the payment of wages or compensation to leased workers when enterprises withdraw the deposit to perform tasks.

4. Organizing, guiding, inspecting, and auditing the implementation of labor leasing laws by enterprises, agencies, organizations, and individuals within their jurisdiction;

5. Recommending the Minister of Labor - Invalids and Social Affairs to withdraw the deposit of the leasing enterprise to pay wages or compensate leased workers.

For cases where enterprises are refunded the deposit, they have the responsibility to request the Minister of Labor - Invalids and Social Affairs to allow the enterprise to be refunded the deposit after fulfilling all obligations stipulated in this Circular and related legal documents.

6. Recommending the Minister of Labor - Invalids and Social Affairs to revoke the license of the leasing enterprise when discovering violations requiring the revocation of the license.

7. Summarizing and reporting the situation of labor leasing operations within their jurisdiction to the Ministry of Labor - Invalids and Social Affairs (Legal Department) before July 20th and January 20th each year.

Article 23. Effective Date

This Circular takes effect from March 1, 2014.

During implementation, if there are difficulties or new issues arise, it is recommended that agencies, organizations, and individuals promptly reflect these to the Ministry of Labor - Invalids and Social Affairs for guidance./.