What is the application for establishment of employment service businesses in Vietnam? What are the conditions for establishment of employment service businesses in Vietnam?
What are the conditions for establishment of employment service businesses in Vietnam?
Pursuant to Article 14 of Decree 23/2021/ND-CP stipulating the conditions for establishment of employment service businesses as follows:
- Having premises for an employment service business’s main office or branches to organize employment service activities which are owned or rented permanently by the business under a contract having the term of 3 years (36 months) or more.
- The business has already pledged 300,000,000 dong (Three hundred million dong) as a security deposit.
- The business’s legal representative must meet the following conditions:
+ He/she is the business’s executive in accordance with regulations of the Law on Enterprises;
+ He/she is not falling into the following situations:
+ Prosecuted for criminal liability; detained;
+ Serving imprisonment penalties; serving administrative penalties at compulsory detoxification establishments or compulsory education centers;
+ Fleeing from his/her place of residence;
+ Having restricted or lost capacity of performing civil acts;
+ Facing cognitive difficulties, problems in awareness and behavior control;
+ Banned by courts from holding certain posts or practicing certain occupations or doing certain jobs relating to employment services;
+ Having a university degree or higher qualification or having directly involved in professional or administrative tasks related to employment services, or rendering of employment services, for 02 years (24 months) or more within 05 consecutive years before applying for the license.
What is the application for establishment of employment service businesses in Vietnam? What are the conditions for establishment of employment service businesses in Vietnam? (Image from the Internet)
What is the application for establishment of employment service businesses in Vietnam?
Pursuant to Article 17 of Decree 23/2021/ND-CP, the application for the establishment of employment service businesses includes:
- Written request for issuance of the license made by using the Form No. 02 of the Appendix II to Decree 23/2021/ND-CP.
- 01 certified true copy of the primary copy or the duplicate with the original presented for comparison purposes of the certificate of ownership or the office lease contract as prescribed in Clause 1, Article 14 of Decree 23/2021/ND-CP.
- Certificate of security deposit for rendering of employment services by using the Form No. 03 of Appendix II to Decree 23/2021/ND-CP.
- Biographical statement of the business’s legal representative that is made by using the Form No. 04 of the Appendix II to Decree 23/2021/ND-CP.
- Criminal record check No. 1 that is made in accordance with laws on criminal records of legal representatives of businesses. In case where the representative is a foreigner who is not eligible for the criminal record check No. 1, the criminal record check or the written document confirming that he/she is not a person who is currently serving a penalty or has not yet been issued with criminal record expungement, or is criminally prosecuted in foreign countries, may be used as a replacement.
Written documents stated in this clause must be issued for less than 06 months before the date of submission. Written documents in foreign languages must be translated into Vietnamese, authenticated and consularly legalized in accordance with law.
- 01 certified true copy of the primary copy or the copy with the original presented for comparison purposes of professional qualifications or one of the written documents proving the time during which he/she directly involves in rendering of employment services or management of employment services or supply of employees as follows:
+ Certified true copy of the primary copy or the copy with the original presented for comparison purposes of the labor contract or the employment contract or the decision on recruitment, appointment or assignment of duties of the business’s legal representative;
+ Certified true copy of the primary copy or the copy with the original presented for comparison purposes of the appointment decision (if he/she works under appointment rules and regulations), or the written document stating recognition of election results (if he/she works under election rules and regulations), of the business’s legal representative, or the copy of the business registration certificate (if he/she is the legal representative of the employment service provider).
If written documents stated above are those made in foreign countries, they must be translated into Vietnamese, authenticated and consularly legalized in accordance with law.
When is a business's license revoked?
Pursuant to Article 21 of Decree 23/2021/ND-CP, a business's license may be revoked in the following cases:
- Terminating employment services upon the business’s request;
- The business is dissolved or is declared bankrupt under the Court’s decision;
- Its Business Registration Certificate is revoked;
- Letting other businesses, 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 business commit 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 23/2021/ND-CP;
- The business’s legal representative is a foreigner who is not eligible to work in Vietnam as prescribed in Article 151 of the 2019 Labor Code.
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