Ministry of Home Affairs proposes to remove conditions on operating licenses for labor subleasing

LƯƠNG HẠNH |

The Ministry of Home Affairs proposes to remove the condition on operating licenses for labor leasing, and at the same time remove this activity from the list of conditional business lines.

According to the Ministry of Home Affairs, as of December 31, 2025, there are 650 businesses nationwide with valid Labor Leasing Licenses operating; headquarters in 29 provinces/cities directly under the Central Government with a total of 342,083 workers renting out.

In which Ho Chi Minh City has 180 labor leasing enterprises, Dong Nai has 105 enterprises, Hanoi has 84 enterprises, Bac Ninh has 73 enterprises, Hai Phong has 66 enterprises.... Enterprises deposit 2 billion VND at commercial banks according to regulations.

Reporting on the implementation of Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations, the Ministry of Home Affairs said that, up to now, after 5 years of implementation, some regulations in Decree No. 145 have arisen problems and are no longer suitable for reality.

In the draft Law amending and supplementing a number of articles of the Labor Code, the Law on Archives, the Law on Gender Equality and the Law on Red Cross Activities, the Ministry of Home Affairs proposes to uniformly and synchronously adjust the content on cutting and simplifying administrative procedures and business conditions in the Investment Law, Resolution No. 66. 18/2026/NQ-CP.

Accordingly, it is not stipulated that labor subleasing is a conditional business line.

Labor subleasing activities are only carried out by labor subleasing enterprises, and apply to certain jobs, not applied to foreign workers working in Vietnam.

Thus, the new regulations are expected to remove "conditional business lines" and the condition of "licensing labor leasing activities".

Meanwhile, current labor law stipulates that labor subleasing is the act of a worker concluding a labor contract with an employer who is a labor subleasing enterprise. After that, the worker is transferred to work and is subject to the direction of another employer, while still maintaining labor relations with the employer who has concluded a labor contract.

Labor subleasing activities are conditional business lines and occupations, only carried out by enterprises with labor subleasing operating licenses and applied to certain jobs.

LƯƠNG HẠNH
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