Licensing for employment service business in Vietnam

Conditions, order and procedures for licensing employment service business in Vietnam take effect from June 1st, 2021

Post date: 28-09-2021

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Licensing for employment service business in Vietnam

Licensing for employment service business in Vietnam

 

Employment service businesse in Vietnam shall be licensed in accordance with the Employment Law 2013 and Decree No. 23/2021/ND-CP dated March 19, 2021, (Decree 23/2021/ND-CP).

I. Activities of employment service business  in Vietnam

1. Consulting activities, including:

a) Counseling, career orientation, national occupational skill qualification framework for employees to choose professions, training, retraining and training plans suitable to their abilities and aspirations;
b) Job counseling for employees to choose a job position suitable to their abilities and aspirations; advice on skills to participate in recruitment; on self-employment, job search at home and abroad;
c) Advising employers on recruitment, employment and labor management; on administration and job development, human resource development;
d) Consulting on labor and employment policies for employees and employers.

2. Introduction of jobs to employees.

3. Supplying and recruiting labor at the request of the employer, including:
a) Recruiting labor through entrance exams to select qualified people to meet the requirements of the employer;
b) Supplying labor at the request of the employer;
c) Introducing labor to enterprises licensed to send Vietnamese laborers to work abroad under contracts, organizations and individuals investing abroad or public non-business units under ministries, ministerial-level agencies. Ministries and agencies attached to the Government are assigned the task of sending Vietnamese laborers to work abroad under contracts according to the provisions of the Law on Vietnamese Laborers to work abroad under contracts.

4. Collecting and providing labor market information.

5. Analysis and forecast of the labor market.

6. Training in interviewing, job search and other job skills; vocational education according to the provisions of law.

7. Implement employment programs and projects.

II. Conditions for licensing of employment service business in Vietnam

1. Having a head office, branch for  employment service activities, which is owned by the business or is leased stably by the business under a lease contract of 3 years (36 months) or more.

2. The business has made a deposit of 300,000,000 VND (Three hundred million VND).

3. The legal representative of the business providing employment services must satisfy the following conditions:
a) Being an business management according to the provisions of the Law on Enterprises;
b) Not falling into one of the following cases: being examined for penal liability, being held in temporary detention, serving a prison sentence, serving administrative handling measures at a compulsory detoxification establishment, or compulsory education institution, fleeing the place of residence, having limited or incapacitated civil act capacity, having difficulties in cognition or behavior control, being banned by the Court from holding certain positions, practicing professions or working work related to employment services;
c) Having a university degree or higher or having directly worked as a professional or managed employment or labor supply services for full 02 years (24 months) or more within the consecutive 05 years to the applying date for a license.

III. License of employment service business in Vietnam

1. Licensing authority: The People”s Committee of the province or the Department of Labor, War Invalids and Social Affairs is authorized by the People”s Committee of the province where the business”s head office is located to grant a license to the employment service business  in Vietnam.
2. License term: The maximum license term is 60 months; The license can be renewed many times, each extension is for a maximum of 60 months;

VI. Application files for a license of an employment service business in Vietnam

1. The business”s written request for a license, made according to Form No. 02, Appendix II issued together with Decree 23/2021/ND-CP.

2. 01 certified copy from the original or a copy, present the original for comparison of the Certificate of Ownership or the contract of lease of the head office as prescribed in Clause 1, Article 14 of Decree 23/2021/ND- CP.

3. Certificate of deposit for employment service activities, made according to Form No. 03, Appendix II issued together with Decree 23/2021/ND-CP.

4. The autobiographical curriculum vitae of the legal representative of the business according to Form No. 04, Appendix II issued together with Decree 23/2021/ND-CP.

5. Judicial record No. 1 according to the provisions of law on the judicial record of the legal representative of the business. In case the representative is a foreigner who is not subject to the issuance of the No.1 judicial record, it shall be replaced with a judicial record or a written certification that he is not a person currently serving a penalty or has not yet been issued with a criminal record card. have been cleared of criminal records or are in the process of being examined for penal liability by a foreign country.

Documents mentioned in this Clause shall be issued no more than 06 months before the date of application submission. Documents in foreign languages must be translated into Vietnamese, authenticated and consularly legalized in accordance with law.

6. 01 certified true copy from the original or a copy, present the original for comparison of professional qualifications or one of the documents proving the period of direct professional practice. or manage employment or labor supply services of the business”s legal representative as follows:
a. Certified copy from the original or a copy, present the original for comparison of the labor contract or work contract or the decision on recruitment, appointment, assignment of duties of the legal representative of the business ;
b. Certified copy from the original or a copy, present the original for comparison with the appointment decision (for persons working under the appointment) or the document recognizing the voting results (for those working under the voting system) of the legal representative of the business or a copy of the certificate of business registration (for the case of the legal representative of the business providing employment services).
Documents specified at Points a and b of this Clause which are foreign documents must be translated into Vietnamese, authenticated and consularly legalized in accordance with law.

V. Order and procedures for licensing of employment service business in Vietnam

1. The business shall send 01 set of dossier as prescribed in Clause 4 to the Department of Labor, War Invalids and Social Affairs where the business”s head office is located to apply for a license.

2. After examining all the papers specified in Clause 4, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the application for a permit.

3. Within 07 working days from the date of receipt of the secured dossier as prescribed, the competent state agency shall consider and grant the license to the business; in case the license is not granted, the business shall reply in writing and clearly state the reasons therefor.

VII. Announcement of employment service activities

1. Within 20 working days from the date of issuance of the license, the business must publicly announce on the mass media about the license, location, field of operation, and name of the legal representative. employment service law, phone number, e-mail, website.

2. Before 10 working days from the date of commencement of employment service activities, the business shall notify in writing the Department of Labor, War Invalids and Social Affairs where the head office is located of the date of commencement of operation. motion.

3. In case of relocating the branch office, the business must send a document to the Department of Labor, War Invalids and Social Affairs where the head office or branch is located together with documents proving the prescribed conditions. specified in Clause 1, Article 14 of Decree 23/2021/ND-CP within 10 working days before the date of relocation.

VII. Responsibilities of business engaged in employment service activities in Vietnam

1. Publicly post up certified copies of the original license or decision on license revocation at the business”s head office.

2. Monitor the employment status of employees introduced or supplied by the business for at least 3 months or during the performance of the labor contract (for cases where the labor contract is under 3 months). .

3. Compiling, updating and managing labor data registered for job counseling and introduction; Employers register to recruit workers and connect and share when required by competent state agencies.

4. Business that perform part or the whole process of providing employment services by electronic means connected to the Internet, mobile telecommunications networks or other open networks must comply with regulations. of Decree 23/2021/ND-CP and the Government”s regulations on e-commerce.

5. Formulate employment service provision prices and publicly post employment service prices for employees at the business”s headquarters in accordance with law.

6. Every 6 months and annually, report on employment service activities using Form No. 08, Appendix II issued together with Decree 23/2021/ND-CP, and send it to the Department of Labor, War Invalids and Social Affairs where the business is located. main. The 6-month report is sent before June 20 and the annual report is sent before December 20.

7. Report promptly in case of incidents related to employment service activities to local competent state agencies or at the request of state management agencies in charge of employment services activities. do.

8. To fulfill the responsibilities of employment service businesss as prescribed in Decree 23/2021/ND-CP.
 

Lawyer Vietnam Law Firm

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