A manpower license in Nepal is the mandatory legal authorization issued by the Department of Foreign Employment (DoFE) under the Ministry of Labour, Employment and Social Security, permitting a company to recruit Nepali citizens for foreign employment opportunities. This license represents the cornerstone of legal operation for recruitment agencies and establishes the regulatory framework governing Nepal's foreign employment industry, which contributes significantly to the national economy through remittance inflows.
TL;DR – Manpower License in Nepal
- A manpower license is the sole legal instrument authorizing companies to recruit Nepali workers for overseas employment, issued exclusively by the Department of Foreign Employment (DoFE)
- The licensing regime operates under the Foreign Employment Act, 2064 (2007) and corresponding Foreign Employment Rules, 2064
- Minimum paid-up capital of NPR 5,000,000 and a bank guarantee of NPR 3,000,000 are mandatory financial prerequisites
- Complete application requires 20+ documents including company registration, tax clearance, office premises proof, and promoter credentials
- Standard processing timeframe ranges from 30 to 60 days, contingent upon document completeness and successful inspection
- Total government fees approximate NPR 60,000, comprising application fee (NPR 10,000) and license fee (NPR 50,000)
- Licenses remain valid for one fiscal year and require annual renewal with updated compliance documentation
1. Introduction to Manpower Licensing in Nepal
Manpower licensing in Nepal constitutes a specialized regulatory mechanism designed to systematize and monitor the recruitment of Nepali citizens for foreign employment. The legal framework establishes stringent controls to protect migrant workers from exploitation while enabling legitimate businesses to operate within defined parameters. Nepal's foreign employment sector, regulated through this licensing system, channels millions of workers annually to destinations across the Middle East, Southeast Asia, and beyond.
The Department of Foreign Employment (DoFE) functions as the sole statutory authority empowered to grant, renew, suspend, and revoke manpower licenses. This centralized control ensures uniform application of legal standards and facilitates direct oversight of recruitment practices. The regulatory architecture balances economic opportunities for citizens with robust protection mechanisms, reflecting Nepal's constitutional commitment to safe and dignified foreign employment.
2. Legal Basis of Manpower Licensing in Nepal
The Foreign Employment Act, 2064 (2007) serves as the principal legislative instrument governing manpower licensing in Nepal. Section 11 of the Act explicitly prohibits any entity from operating foreign employment business without obtaining a valid license from DoFE. Section 12 delineates the specific conditions and procedures for license issuance, establishing the foundational legal requirements.
The Foreign Employment Rules, 2064 (2008) provide granular operational details, with Rule 4 specifying application procedures, Rule 5 detailing documentation requirements, and Rule 6 outlining the inspection and verification process. These rules operate in conjunction with the Labour Act, 2074 (2017) and the Company Act, 2063 (2006), which govern corporate establishment and general labour relations.
Section 35 of the Foreign Employment Act establishes penalties for unlicensed operations, prescribing imprisonment up to three years or fines up to NPR 500,000, or both, for violations. Section 38 authorizes DoFE to suspend or cancel licenses for breaches of statutory obligations, creating a stringent compliance environment.
3. Authorities Responsible for Manpower Licensing
The Department of Foreign Employment (DoFE) operates as the primary licensing authority under the administrative supervision of the Ministry of Labour, Employment and Social Security. DoFE's mandate encompasses license issuance, renewal, amendment, monitoring, and enforcement actions against violations.
The Ministry of Labour, Employment and Social Security provides policy direction and approves regulatory amendments affecting the licensing framework. The ministry also handles appeals against DoFE decisions under the Administrative Procedure Act, 2076 (2019).
Supporting institutions include:
- Office of Company Registrar (OCR) for company incorporation verification
- Inland Revenue Department (IRD) for tax clearance certification
- Nepal Rastra Bank (NRB) for foreign exchange and remittance compliance
- District Administration Offices for promoter character verification
- Nepal Police for security clearance of key personnel
4. Eligibility Criteria for Obtaining Manpower License
Eligibility for manpower license acquisition requires compliance with corporate structure, financial capacity, and promoter integrity standards. The following conditions must be satisfied:
Company Structure:
- Private limited company registration under the Company Act, 2063
- Explicit foreign employment business objective in Memorandum of Association
- Minimum paid-up capital of NPR 5,000,000 fully deposited and verified
Promoter Requirements:
- All promoters must be Nepali citizens aged 21-60 years
- Clean criminal record with no convictions involving moral turpitude
- No prior license cancellation by DoFE for immigration offences
- Minimum educational qualification of School Leaving Certificate (SLC) or equivalent
Office and Infrastructure:
- Permanent office space in commercial area (minimum 500 square feet)
- Separate departments for documentation, counselling, and accounting
- Computer systems with internet connectivity and data backup
- Telephone, fax, and email facilities for international communication
Personnel Requirements:
- Minimum five full-time employees including one registered translator
- At least one staff member with bachelor's degree in management or law
- Certified trainer for pre-departure orientation programs
5. Required Documents for Manpower License Application
The application dossier must contain comprehensive documentation organized into distinct categories:
Company Documents:
- Certified copy of Company Registration Certificate from OCR
- Memorandum and Articles of Association
- Certificate of Paid-up Capital Verification from recognized auditor
- Latest auditor's report and financial statements
- Board resolution authorizing license application
Tax and Financial Documents:
- Permanent Account Number (PAN) registration certificate
- Latest tax clearance certificate from IRD
- Bank statement for last six months showing capital transaction
- Cash flow projection for first three years of operation
Office Premises Documents:
- Rental agreement or ownership deed (minimum one-year term)
- Land revenue payment receipt
- Office layout map approved by municipal authority
- Photographs of office interior and exterior (minimum 10 prints)
Promoter and Personnel Documents:
- Citizenship certificates of all promoters and directors
- Educational certificates of key personnel
- Character verification certificates from District Administration Office
- Police clearance certificates for all promoters
- Curriculum vitae and appointment letters of staff
- Translator's registration certificate from Nepal Translators Association
Compliance Documents:
- Anti-money laundering policy document
- Worker welfare and grievance handling policy
- Pre-departure training curriculum
- Draft employment agreement templates
- Insurance coverage proposal for migrant workers
6. Step-by-Step Process for Manpower License Application
The application process follows a sequential procedure requiring meticulous documentation and statutory compliance:
Step 1: Company Incorporation
Incorporate a private limited company at the Office of Company Registrar with explicit foreign employment business objective. Deposit minimum paid-up capital of NPR 5,000,000 into the company's bank account and obtain verification from a licensed auditor.
Step 2: Office Establishment
Secure commercial office space meeting DoFE's minimum area requirements. Install necessary infrastructure including computers, communication systems, and departmental partitions. Obtain municipal approval for office layout and business operation.
Step 3: Document Compilation
Collect all 20+ required documents categorized under company, tax, office, personnel, and compliance headings. Ensure all certificates are recent (issued within three months) and properly notarized where required.
Step 4: Bank Guarantee Arrangement
Obtain a bank guarantee of NPR 3,000,000 from a commercial bank operating in Nepal. The guarantee must remain valid for the license period and serve as security for worker welfare obligations.
Step 5: Application Submission
Submit completed application form along with all supporting documents to DoFE's licensing division. Pay application fee of NPR 10,000 through designated banking channel. Obtain official receipt with application tracking number.
Step 6: Preliminary Verification
DoFE conducts document scrutiny within 7 working days. Incomplete applications receive deficiency notices requiring correction within 15 days. Complete applications proceed to inspection stage.
Step 7: Physical Inspection
DoFE inspection team visits office premises within 15 days of preliminary approval. Inspectors verify infrastructure, personnel presence, document authenticity, and compliance with regulatory standards.
Step 8: Final Approval and License Issuance
Upon successful inspection, DoFE forwards recommendation to Ministry of Labour for final approval. License fee of NPR 50,000 is payable before issuance. Physical license certificate is issued within 7 days of fee payment.
7. Timeframe for Manpower License Approval Process
The complete licensing cycle typically requires 30 to 60 days from application submission to certificate issuance. This timeline varies based on document quality, inspector availability, and Ministry processing capacity.
Stage-wise Breakdown:
- Application submission to preliminary verification: 7 working days
- Document correction period (if needed): 15 working days
- Inspection scheduling and execution: 15 working days
- Inspection report processing: 5 working days
- Ministry approval process: 10-15 working days
- Fee payment and certificate issuance: 7 working days
Factors Affecting Processing Time:
- Incomplete documentation extends timeline by minimum 15 days
- Office location outside Kathmandu valley may delay inspection logistics
- Peak application periods (fiscal year beginning) increase processing queues
- Political instability or administrative strikes cause indefinite delays
- Bank guarantee verification issues require re-submission
Expedited processing is not formally recognized under current rules. However, professionally prepared applications with anticipatory compliance often complete within 35-40 days.
8. Government Fees and Financial Obligations
The licensing framework imposes specific government fees and mandatory financial commitments:
Application Fee:
NPR 10,000 payable at time of submission. This non-refundable fee covers initial document processing and verification costs. Payment must be made through bank voucher to DoFE's designated revenue account.
License Fee:
NPR 50,000 payable upon approval before certificate issuance. This annual fee grants operational authority for one fiscal year (Shrawan to Ashad). Fee must be paid within 7 days of approval notice to avoid cancellation.
Bank Guarantee:
NPR 3,000,000 required as security deposit. The guarantee protects worker interests against agency default, fraud, or contract violations. Amount must remain blocked for license duration and be renewed annually with license renewal.
Additional Mandatory Costs:
- Company incorporation: NPR 15,000-25,000
- Auditor verification: NPR 10,000-15,000
- Office rent (annual): NPR 300,000-500,000 (Kathmandu)
- Personnel salaries (monthly): NPR 150,000-250,000 for five staff
- Insurance premium: NPR 100,000-200,000 annually
Total first-year financial outlay typically ranges from NPR 4,200,000 to NPR 4,500,000 including capital requirements.
9. Office Setup and Infrastructure Requirements
DoFE mandates specific office infrastructure standards to ensure professional operations and worker protection capabilities:
Physical Space Requirements:
- Minimum 500 square feet in commercial zone
- Separate reception area with seating capacity for 20 visitors
- Private counselling room for confidential worker consultations
- Document storage room with fire-resistant filing cabinets
- Manager's cabin for administrative operations
Technical Infrastructure:
- Minimum three computer systems with licensed software
- Uninterrupted internet connection (minimum 10 Mbps)
- Multi-function printer, scanner, and photocopier
- Dedicated telephone line with international calling facility
- Backup power supply (UPS or inverter) for 4-hour operation
Display and Notices:
- Department of Foreign Employment license display board
- Worker rights and complaint procedure charts in Nepali and English
- Current foreign employment demand letters from authorized employers
- Fee structure transparency board showing service charges
- Key personnel contact information display
Safety and Accessibility:
- Fire extinguisher and first aid kit
- Wheelchair accessibility for disabled workers
- Adequate lighting and ventilation systems
- Separate toilet facilities for staff and visitors
10. Bank Guarantee and Security Deposit Requirements
The NPR 3,000,000 bank guarantee serves as a statutory security mechanism protecting migrant workers from agency malpractices. Rule 5(2) of Foreign Employment Rules mandates this guarantee before license issuance.
Legal Basis and Purpose:
Section 13 of Foreign Employment Act authorizes DoFE to require security deposits. The guarantee ensures financial capacity to repatriate workers, settle contract disputes, and compensate victims of exploitation. In case of agency default, DoFE can encash the guarantee to protect worker interests.
Bank Guarantee Specifications:
- Issued by commercial bank (Class A) operating in Nepal
- Valid for minimum one year and automatically renewable
- Unconditional and irrevocable in favor of DoFE
- Amount remains blocked and cannot be withdrawn during license period
- Must be renewed 15 days before expiry to avoid license suspension
Compliance Implications:
Failure to maintain valid bank guarantee results in automatic license suspension under Rule 15. DoFE conducts quarterly verification of guarantee status. Non-compliance attracts penalties under Section 38, including license cancellation and blacklisting of promoters.
Release of Guarantee:
Guarantee is released only after license surrender and clearance of all pending worker complaints. Process requires:
- Application to DoFE with justification
- Publication of surrender notice in national daily newspaper
- 90-day waiting period for complaint emergence
- No-objection certificate from concerned diplomatic missions
- Final approval from Ministry of Labour
11. Inspection and Verification by Government Authorities
Physical inspection constitutes a critical checkpoint in the licensing process, verifying factual compliance with documented claims.
Scope of Inspection:
DoFE inspection team comprising minimum two officials examines:
- Physical presence of office premises and infrastructure
- Authenticity of documents through cross-verification
- Actual employment status of declared staff members
- Functional status of communication and computer systems
- Fire safety measures and worker accessibility facilities
- Record-keeping systems and document management
Inspection Preparation:
Agencies must ensure:
- All staff members present during inspection
- Original documents available for verification
- Office operational during regular business hours
- Record-keeping system demonstrating past transaction capability
- Clean and professional office environment
Approval Workflow:
Inspector prepares detailed report within 3 working days. Report recommends approval, conditional approval, or rejection based on compliance level. DoFE Director reviews recommendation and forwards to Ministry for final decision. Ministry approval typically requires 10 working days.
Post-Inspection Compliances:
Conditional approvals require rectification of minor deficiencies within 15 days. Rejected applications can be appealed within 35 days to the Ministry under Administrative Procedure Act. Re-inspection is permitted after 30 days with corrected deficiencies.
12. Renewal and Amendment of Manpower License
Manpower licenses remain valid for one fiscal year (Shrawan 1 to Ashad 30) and require annual renewal to maintain operational continuity.
Renewal Timeline:
Renewal applications must be submitted between Shrawan 1 and Bhadra 30 (first two months of fiscal year). Late submissions attract penalty of NPR 5,000 per month. Licenses not renewed by Poush 30 stand automatically cancelled.
Renewal Documentation:
- Renewal application form with undertaking of continued compliance
- Updated bank guarantee valid for next fiscal year
- Current tax clearance certificate
- Audit report of previous year's financial statements
- List of workers deployed during previous year with destination countries
- Proof of worker welfare fund contribution (NPR 1,000 per worker)
- Updated office rent agreement and infrastructure photographs
- Staff detail with any changes in employment
Amendment Procedures:
License amendments require prior DoFE approval for:
- Change in company name or address
- Addition of new promoters or directors
- Alteration in shareholding pattern exceeding 20%
- Change in office location
Amendment applications require NPR 5,000 processing fee and supporting documents substantiating the change. Processing time ranges from 15 to 20 days.
13. Legal Compliance and Penalties for Violations
License holders must maintain continuous compliance with statutory obligations throughout the license period. Section 29 of Foreign Employment Act enumerates specific duties.
Obligations of License Holders:
- Conduct pre-departure orientation for all deployed workers
- Maintain complete worker records including contracts, medical reports, and visa copies
- Deposit worker welfare fund contributions within 15 days of worker deployment
- Respond to worker complaints within 7 days of receipt
- Report worker deaths, serious injuries, or detentions within 24 hours
- Submit quarterly deployment reports to DoFE
- Comply with destination country labour laws and bilateral agreements
Common Violations:
- Charging workers beyond prescribed service fees (maximum NPR 10,000 for most countries)
- Deploying workers without verified demand letters or proper contracts
- Falsifying documents or misrepresenting job conditions
- Failure to maintain bank guarantee or renew license timely
- Non-cooperation with inspection or investigation processes
Statutory Penalties:
- Section 35: Unlicensed operation attracts imprisonment up to 3 years and NPR 500,000 fine
- Section 36: Overcharging workers results in NPR 50,000-200,000 fine per worker
- Section 37: Fraudulent deployment carries imprisonment up to 5 years and NPR 1,000,000 fine
- Section 38: License cancellation and 5-year ban for serious violations
- Rule 23: Blacklisting of agencies and promoters for repeat offences
14. Role of the Law Firm in Manpower Licensing
Legal professionals provide critical advisory and compliance support throughout the licensing lifecycle, ensuring regulatory adherence and risk mitigation.
Advisory and Compliance Support:
Law firms conduct preliminary eligibility assessment of promoters and corporate structure. Legal advisors identify potential compliance gaps and recommend corrective measures before application submission. This proactive approach prevents rejection and delays.
Documentation and Representation:
Legal professionals prepare and review all application documents ensuring conformity with DoFE requirements. Lawyers draft company charters, board resolutions, and compliance policies meeting statutory standards. Professional representation during DoFE interactions facilitates smoother processing and resolution of technical queries.
Renewal and Post-Licensing Services:
Law firms manage annual renewals, track regulatory changes, and update compliance frameworks. Legal teams handle amendment applications, liaison with government authorities, and defend against enforcement actions. Ongoing advisory covers worker contract drafting, grievance handling, and dispute resolution.
Strategic Value Addition:
Experienced legal counsel provides market intelligence on destination country regulations, bilateral labour agreements, and industry best practices. This strategic input enhances operational sustainability and competitive positioning while maintaining strict legal compliance.
15. Conclusion and Practical Guidance
Manpower licensing in Nepal represents a highly regulated yet economically significant business sector. Success requires meticulous attention to legal compliance, financial capacity, and ethical recruitment practices. The regulatory framework prioritizes worker protection while enabling legitimate commercial operations.
Best Practices for Approval:
- Engage legal counsel early in the planning phase for structural guidance
- Invest in professional infrastructure meeting DoFE benchmarks
- Maintain transparent financial records and tax compliance
- Develop comprehensive worker welfare policies exceeding minimum requirements
- Establish direct communication channels with diplomatic missions in destination countries
Sustainability Strategies:
- Continuous monitoring of regulatory amendments through DoFE circulars
- Regular staff training on legal compliance and ethical recruitment
- Implementation of digital record-keeping systems for audit readiness
- Proactive worker support services including pre-departure counselling
- Participation in industry associations for collective advocacy
Compliance-focused operations not only secure license approval but also build long-term reputation capital essential for business growth in Nepal's foreign employment sector.
16. Frequently Asked Questions (FAQs)
What is the validity period of a manpower license in Nepal?
A manpower license remains valid for one fiscal year (Shrawan 1 to Ashad 30) and requires annual renewal to maintain operational authority.
Can foreign nationals establish manpower companies in Nepal?
No. Foreign Employment Act, 2064 restricts manpower company ownership exclusively to Nepali citizens. All promoters and directors must hold Nepali citizenship.
How long does the manpower license application process typically take?
The complete process requires 30 to 60 days, contingent upon document completeness, successful inspection, and DoFE processing capacity.
What is the current bank guarantee amount required for manpower license?
NPR 3,000,000 bank guarantee is mandatory, issued by a commercial bank and maintained throughout the license period as worker security.
What are the grounds for license cancellation in Nepal?
DoFE can cancel licenses for charging excessive fees, fraudulent deployment, document falsification, bank guarantee default, or violation of worker protection obligations under Section 38.
Can manpower agencies charge recruitment fees to workers?
Service charges are capped at NPR 10,000 for most destination countries. Exceeding prescribed limits constitutes a punishable offence under Section 36.
What happens if renewal application is submitted late?
Late submissions incur penalties of NPR 5,000 per month. Licenses not renewed by Poush 30 face automatic cancellation requiring fresh application.
Are there restrictions on the number of workers an agency can deploy?
No statutory limits exist on deployment numbers. However, agencies must maintain capacity to provide pre-departure orientation and post-deployment support to all workers.
Can a manpower license be transferred to another company?
No. Licenses are non-transferable and issued to specific corporate entities. Change in ownership exceeding 20% requires fresh application.
What role does the Ministry of Labour play in licensing?
The Ministry provides final approval for license issuance, handles appeals against DoFE decisions, and approves regulatory amendments affecting the foreign employment sector.
- BY