Can an enterprise that is not licensed to provide employment services in Vietnam withdraw the deposited deposit?
- Why is a business providing employment services in Vietnam required to make a deposit?
- If I make a deposit in advance but I am not granted an operating license, can I withdraw the deposit?
- When requesting to withdraw the deposit for employment services in Vietnam, what should the enterprise prepare?
- How is the procedure for withdrawing deposit for employment services?
Why is a business providing employment services in Vietnam required to make a deposit?
Pursuant to Article 23 of Decree 23/2021/ND-CP stipulates as follows:
“Article 23. Deposit and use of deposit money
1. Enterprises shall make deposits at the level specified in Clause 2, Article 14 of this Decree at Vietnamese commercial banks or foreign bank branches lawfully established and operating in Vietnam (hereinafter referred to as: escrow bank).
2. The enterprise's deposit shall be used in case the enterprise fails to perform or fulfills its obligations in employment service activities at the request of a competent state agency.
3. Within 30 days from the date of withdrawal of the deposit for payment, for the case specified at Point d, Clause 1, Article 26 of this Decree, the enterprise must additionally pay the security deposit as prescribed in Clause 2 of this Article. Clause 2, Article 14 of this Decree.
4. Within 30 days from the expiration date specified in Clause 3 of this Article, if the enterprise fails to fully replenish the deposit, the escrow-receiving bank shall notify in writing the Department of Labor. - Invalids and Social Affairs where the enterprise is headquartered. Within 15 days after receiving the notice of the deposit receiving bank, the Department of Labor, War Invalids and Social Affairs shall request the competent state agency to revoke the license of the enterprise as prescribed at point g. Clause 1, Article 21 of this Decree.”
Thus, enterprises operating in the field of employment services in Vietnam are required to make a deposit in order to obtain financial resources in case of failure to perform or inadequately perform obligations in employment service activities as required. requirements of state agencies.
Can an enterprise that is not licensed to provide employment services in VIetnam withdraw the deposited deposit?
If I make a deposit in advance but I am not granted an operating license, can I withdraw the deposit?
Pursuant to Clause 1, Article 26 of Decree 23/2021/ND-CP stipulating the case in which the deposit can be withdrawn as follows:
“Article 26. Withdrawal of deposit
1. The state agency competent to grant, extend, re-issue and revoke the license where the enterprise is headquartered shall decide to allow the enterprise to withdraw the deposit in the following cases:
a) The enterprise is not licensed;
b) The enterprise has its license revoked or its license is not renewed or renewed;
c) The enterprise has made a deposit at another deposit receiving bank;
d) Enterprises face difficulties and cannot afford to pay compensation to employees and employers due to violations of regulations on employment services after 60 days from the date of arrival of the prescribed compensation time limit. under the law."
Accordingly, in case an enterprise is not licensed by a competent authority to provide employment services in VIetnam, it has the right to request withdrawal of the previously paid deposit. In addition, other cases where the deposit is withdrawn will comply with the above provisions.
When requesting to withdraw the deposit for employment services in Vietnam, what should the enterprise prepare?
Pursuant to Clauses 2 and 3, Article 26 of Decree 23/2021/ND-CP stipulates as follows:
“Article 26. Withdrawal of deposit
…
2. A dossier of request for deposit withdrawal shall be sent to the Department of Labor, War Invalids and Social Affairs, including:
a) A written request for withdrawal of the enterprise's deposit;
b) Certificate of deposit for employment services at another depository bank, for the case of deposit withdrawal specified at Point c, Clause 1 of this Article;
c) Report on fulfillment of obligations and documents proving the fulfillment of obligations in case of deposit withdrawal specified at Point b, Clause 1 of this Article;
d) The plan to use the withdrawal amount from the escrow account, including the reason and purpose of withdrawing the deposit; list of employees, employers, amount, time and method of payment in case of withdrawal of deposit specified at point d, clause 1 of this Article.
3. Dossier for withdrawal of deposit to send to the deposit receiving bank, including:
a) The enterprise's written request for deposit withdrawal specified at Point a, Clause 2 of this Article;
b) A written consent of a competent state agency on the withdrawal of the deposit, made according to Form No. 07 of Appendix II issued together with this Decree;
c) Deposit withdrawal documents as prescribed by the deposit receiving bank (if any).”
Accordingly, enterprises need to prepare documents according to the above regulations to send to the competent authority.
How is the procedure for withdrawing deposit for employment services?
Pursuant to Clause 4, Article 26 of Decree 23/2021/ND-CP stipulates as follows:
“Article 26. Withdrawal of deposit
…
4. The order and procedures for deposit withdrawal are as follows:
a) The enterprise shall send 01 set of the dossier specified in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located;
b) The Department of Labor, War Invalids and Social Affairs receives the application, checks it and issues a receipt clearly stating the date, month and year of receipt of the complete application.
Within 07 working days from the date of receipt of a complete application for deposit withdrawal from the enterprise, the Department of Labor, War Invalids and Social Affairs shall check and verify the application and the fulfillment of obligations of the enterprise. employment service business in the case specified at Point b, Clause 1 of this Article and submit to the competent state agency for promulgation a written consent on the withdrawal of the deposit, the plan to use the deposit (if any). yes), send it to the business and the receiving bank. In case of disagreement on the withdrawal of the deposit, a written reply shall be given to the enterprise, clearly stating the reason;
c) After obtaining the written consent of a competent state agency on the withdrawal of the deposit, the enterprise shall submit the application as prescribed in Clause 3 of this Article at the deposit receiving bank;
d) The receiving bank shall receive and check the application for deposit withdrawal of the enterprise, if it is in accordance with regulations, the deposit receiving bank shall withdraw the deposit within 01 working day from the date of payment. from the date of receipt of deposit withdrawal dossier.
In case of withdrawal of deposit as prescribed at Point d, Clause 1 of this Article, the payment and compensation to employees and employers shall be directly paid by the escrow-receiving bank according to the plan approved by the competent authority. approved by the competent state after deducting the cost of banking services.”
Thus, the enterprise shall carry out the procedures for withdrawing the deposit for service activities according to the content of the above provisions
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