In which case is the enterprise's employment service business license revoked? What is included in the application for revocation of employment service business licenses in Vietnam?
In which case is the enterprise's employment service business license revoked?
According to the provisions of Clause 1, Article 21 of Decree No. 23/2021/ND-CP on the cases in which enterprises have their employment service business licenses revoked as follows:
Revocation of licenses
1. An enterprise's license may be revoked in the following cases:
a) Terminating employment services upon the business’s request;
b) The enterprise is dissolved or is declared bankrupt under the Court’s decision;
c) Its Enterprise Registration Certificate is revoked;
d) Letting other enterprise es, organizations or individuals use its license;
dd) Being sanctioned for an administrative violation arising from employment services at least 3 times within a maximum period of 36 months from the date of the first sanction, or deliberately failing to comply with the sanctioning decision;
e) The enterprise commits the act of forging documents included in the application for issuance, renewal or reissuance of the license, or erasing or correcting the contents of the license already granted;
g) Failing to satisfy the conditions specified in Article 14 herein;
h) The enterprise’s legal representative is a foreigner who is not eligible to work in Vietnam as prescribed in Article 151 of the 2019 Labor Code.
Thus, an enterprise's license may be revoked in the following cases:
- Terminating employment services upon the business’s request;
- The enterprise is dissolved or is declared bankrupt under the Court’s decision;
- Its Enterprise Registration Certificate is revoked;
- Letting other enterprise es, organizations or individuals use its license;
- Being sanctioned for an administrative violation arising from employment services at least 3 times within a maximum period of 36 months from the date of the first sanction, or deliberately failing to comply with the sanctioning decision;
- The enterprise commits the act of forging documents included in the application for issuance, renewal or reissuance of the license, or erasing or correcting the contents of the license already granted;
- Failing to satisfy the conditions specified in Article 14 of Decree No. 23/2021/ND-CP;
- The enterprise’s legal representative is a foreigner who is not eligible to work in Vietnam as prescribed in Article 151 of the 2019 Labor Code.
In which case is the enterprise's employment service business license revoked? What is included in the application for revocation of employment service business licenses in Vietnam?
What is included in the application for revocation of employment service business licenses in Vietnam?
According to the provisions of Clause 2, Article 21 of Decree No. 23/2021/ND-CP on the application for revocation of employment service business licenses as follows:
Revocation of licenses
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2. Application documents for revocation of the license are required in the cases stated in point a, b and c of clause 1 of this Article, including:
a) Written request for revocation of the license made by using the Form No. 05 of the Appendix II to this Decree;
b) Issued license or written commitment to bearing legal responsibility made by the employment service business. This is required if the license has gone missing;
c) Review report on employment services made by using the Form No. 08 of Appendix II hereto.
Thus, application documents for revocation of the license are required in the cases stated in point a, b and c of clause 1 of this Article, including:
- Written request for revocation of the license made by using the Form No. 05 of the Appendix II to Decree No. 23/2021/ND-CP;
- Issued license or written commitment to bearing legal responsibility made by the employment service business. This is required if the license has gone missing;
- Review report on employment services made by using the Form No. 08 of Appendix II to Decree No. 23/2021/ND-CP.
What are the procedures for revocation of employment service business licenses in Vietnam?
The procedures for revocation of employment service business licenses in Clauses 3 and 4, Article 21 of Decree No. 23/2021/ND-CP are as follows:
(1) For the case specified at Points a, b and c, Clause 1, Article 21 of Decree No. 23/2021/ND-CP as follows:
- The enterprise sends 01 set of application documents prescribed in Article 2 herein to the Department of Labor, War Invalids and Social Affairs of the place where its main office is located;
- The Department of Labor, War Invalids and Social Affairs receives these documents, checks and issues the note of acknowledgement clearly stating the date of receipt. Within the maximum duration of 03 working days of receipt of application documents meeting regulations, the competent state authority issues the decision on revocation of the enterprise’s license.
The decision on revocation of the license must be made by using the Form No. 06 of the Appendix II to Decree No. 23/2021/ND-CP.
(2) For the case specified at Points d, dd, e, g and h, Clause 1, Article 21 of Decree No. 23/2021/ND-CP as follows:
- Upon discovering or according to inspection, examination and audit recommendations of the competent state authority on enterprises falling into the cases specified at points d, dd, e and g of clause 1 Article 21 of Decree No. 23/2021/ND-CP, the Department of Labor, War Invalids and Social Affairs of the place where the business's main office is located inspects and collects associated evidences or examines the documents transferred by the sending competent authority, and submits them to competent state authorities for the purposes of revocation of the license;
- Within 03 working days of receipt of the decision on revocation of the license, the employment service business returns the license to the Department of Labor, War Invalids and Social Affairs.
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