Employment service business in Vietnam that want to be licensed must make a deposit of 300 million VND in advance?
Must deposit 300 million VND to be granted a license to establish an employment service business in Vietnam?
Pursuant to Article 14 of Decree 23/2021/ND-CP stipulates as follows:
“Article 14. Licensing conditions
1. Having a location where the head office or branch is located to organize employment service activities, which is owned by the enterprise or is leased stably by the enterprise under a contract of 3 years (36 months) or more.
2. The enterprise has made a deposit of 300,000,000 VND (Three hundred million VND).
3. The legal representative of an enterprise providing employment services must satisfy the following conditions:
a) Being an enterprise manager in accordance with 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 certain 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 previous 05 years. when applying for a license.”
Accordingly, in order to be granted a license to establish an employment service business in VIetnam, it is necessary to meet the conditions as prescribed above.
Employment service business in VIetnam that want to be licensed must make a deposit of 300 million VND in advance? (Image source: Internet)
When applying for the establishment of an employment service business in VIetnam, how should I prepare documents?
Pursuant to Article 17 of Decree 23/2021/ND-CP stipulating the composition of the application file for the establishment of an employment service enterprise as follows:
“Article 17. Dossier of application for a license
1. The enterprise's written application for a license, made according to Form No. 02, Appendix II issued together with this Decree.
2. 01 certified true copy from the original or a copy, present the original for comparison of the Certificate of Ownership or the contract of renting the place as prescribed in Clause 1, Article 14 of this Decree.
3. Certificate of deposit for employment service activities, made according to Form No. 03, Appendix II issued together with this Decree.
4. The résumé of the legal representative of the enterprise, made according to Form No. 04, Appendix II issued with this Decree.
5. Judicial record card No. 1 according to the law on judicial record of the legal representative of the enterprise. In case the representative is a foreigner who is not subject to the issuance of the No.1 judicial record card, it shall be replaced with a judicial record card or a written certification that he is not a person who is 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 as prescribed at Point c, Clause 3, Article 14 or one of the documents proving the time of direct professional practice. or manage employment or labor supply services of the enterprise's legal representative as follows:
a) A certified copy of 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 company; enterprise;
b) A certified copy from the original or a copy, present the original for comparison with the appointment decision (for persons working under the appointment regime) or a document recognizing the election results (for those working under the appointment system). election) of the legal representative of the enterprise or a copy of the certificate of business registration (for the case of the legal representative of the enterprise providing employment services).
Documents specified at Points a and b of this Clause that are foreign documents must be translated into Vietnamese, authenticated and consularly legalized in accordance with law.”
Thus, the application file for a license to establish an employment service business in Vietnam will include the components as prescribed above.
Which agency will have the authority to issue employment service licenses?
Pursuant to Article 15 of Decree 23/2021/ND-CP stipulates as follows:
“Article 15. Competence to grant, extend, re-issue and revoke permits
Provincial-level People's Committee or Department of Labor, War Invalids and Social Affairs authorized by the People's Committee of the province where the enterprise's head office is located (hereinafter referred to as the competent state agency) to grant or renew , re-issuance and revocation of licenses for enterprises.”
Thus, the People's Committee of the province where the enterprise is headquartered is the agency competent to issue employment service licenses. In addition, the Department of Labor, War Invalids and Social Affairs will also have the authority to issue employment service licenses when it receives authorization from the provincial People's Committee.
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