List of Jobs Eligible for Labor Subleasing

Enterprises are only permitted to conduct labor subleasing if the jobs fall within the list of jobs eligible for labor subleasing as prescribed by law.

Legal Basis:

Vietnam Labor Code 2019
Decree No. 145/2020/ND-CP guiding certain issues related to labor relations

List of Jobs Eligible for Labor Subleasing

List of jobs eligible for labor subleasing

1. What Is Labor Subleasing?

According to Article 52 of the 2019 Labor Code, labor subleasing is defined as follows:
Labor subleasing is the arrangement in which an employee enters into a labor contract with an employer who is a labor subleasing enterprise, after which the employee is transferred to work under the management and supervision of another employer while still maintaining the labor relationship with the employer that signed the labor contract.

Current laws stipulate that this is a conditional business sector; therefore, enterprises operating in this field must obtain a Labor Subleasing License and may only apply labor subleasing to certain specified jobs.

See also: Reputable and High-Quality Labor Supply and Labor Leasing Services

2. List of Jobs Eligible for Labor Subleasing

According to Appendix II – the list of jobs eligible for labor subleasing issued together with Decree No. 145/2020/ND-CP, there are 20 jobs eligible for labor subleasing, including:

Interpreting / Translating / Stenography
Secretary / Administrative Assistant
Receptionist
Tour Guide
Sales Support
Project Support
Programming of production machine systems
Manufacturing and installation of television and telecommunications equipment
Operation / inspection / repair of construction machinery and production electrical systems
Cleaning of buildings and factories
Document editing
Bodyguard / Security guard
Marketing / Customer care via telephone
Handling financial and tax matters
Automobile repair / operation inspection
Scanning, industrial technical drawing / interior decoration
Driver
Management, operation, maintenance, and service on seagoing vessels
Management, supervision, operation, repair, maintenance, and service on offshore oil and gas rigs
Aircraft piloting, in-flight services / aircraft and aircraft equipment maintenance and repair / flight operation, dispatching / flight supervision

3. Conditions for Labor Subleasing Enterprises

According to Article 54 of the 2019 Labor Code and Article 12 of Decree No. 145/2020/ND-CP, labor subleasing enterprises must meet the following conditions:

Be established in accordance with the Enterprise Law
Be granted a Labor Subleasing Business License. To obtain the license, enterprises must meet the conditions stipulated in Article 21 of Decree No. 145/2020/ND-CP, including:
- The legal representative must be an enterprise manager who, within the five consecutive years prior to applying for the license, has at least 36 months of direct professional or managerial experience in labor subleasing or labor supply, and has no criminal record.
- The enterprise must have made a security deposit of VND 2 billion.
Recruit employees, enter into labor contracts with them, then transfer them to work under the management of another enterprise while maintaining the labor relationship with the contracting enterprise.

4. Conditions for Using Subleased Labor

According to Article 53 of the 2019 Labor Code, enterprises hiring subleased labor may use such labor in the following cases:

Temporarily meeting increased production demand within a certain period
Replacing employees performing civic duties, on maternity leave, suffering from occupational accidents, or occupational diseases
Arising demand for employees with high professional qualifications

In addition, enterprises hiring subleased labor are not permitted to use such labor in the following cases:

Replacing employees who are on strike or involved in labor dispute resolution
Replacing employees who have been laid off due to division, merger, consolidation, or changes in organizational structure or technology
When there are no specific agreements on compensation responsibility for occupational accidents or occupational diseases with the labor subleasing enterprise

MINA TECH VN’s labor supply services in Bac Giang, Bac Ninh, and other provinces are committed to providing optimal recruitment and manpower supply solutions for enterprises. We continuously strive to improve labor quality and become one of the most trusted labor supply providers today.