Which organizations and individuals may establish employment service centers in Vietnam: How many employees must the center have at least?
Can non-state organizations and individuals establish employment service centers in Vietnam?
Pursuant to Article 37 of the Employment Law 2013 stipulates as wrong:
“Article 37. Employment service centers
1. Employment service centers are public non-business units, including:
a) Employment service centers established by state management agencies;
b) Employment service centers established by socio-political organizations.
2. Employment service centers must be established in accordance with the planning approved by the Prime Minister and fully meet the conditions on physical foundations, equipment and human resources as prescribed. Ministers, heads of ministerial-level agencies, chairpersons of People's Committees of provinces and centrally run cities (hereinafter referred to as provincial level) shall decide to establish employment service centers specified at Point a, Clause 1. This; the head of the central socio-political organization shall decide to establish the employment service center specified at Point b, Clause 1 of this Article.
3. The Government shall detail the conditions for the establishment, organization and operation of employment service centers.”
Accordingly, based on the established subject, there will be two types of employment service centers in Vietnam: employment service centers established by state management agencies and employment service centers established by political organizations - established society. Thus, non-state organizations and individuals cannot establish employment service centers in Vietnam.
Which organizations and individuals may establish employment service centers in Vietnam: How many employees must the center have at least?
How many employees do you need to ensure to set up a job service center?
Pursuant to Article 3 of Decree 23/2021/ND-CP stipulates as follows:
“Article 3. Conditions for establishment, reorganization and dissolution
1. Conditions of establishment
a) Having the objectives, functions and tasks of providing public non-business services on employment;
b) Conform to the planning on network of employment service centers already approved by competent authorities;
c) Having a working office or a land allocation scheme for the construction of a working office already approved by a competent authority (in case of building a new office);
d) Having equipment to perform the tasks specified in Article 7 of this Decree in accordance with the standards and norms of specialized machinery and equipment promulgated by competent authorities;
dd) There are at least 15 people working as public employees;
e) The established competent agency ensures funding for public non-business service activities on employment in accordance with the provisions of law
2. Conditions for reorganization and dissolution
Conditions for reorganization and dissolution of employment service centers comply with the Government's regulations on establishment, reorganization and dissolution of public non-business units.
3. Newly established or reorganized employment service centers must implement the plan for working offices, equipment and personnel within 90 days from the date of issuance of the establishment decision. In case it is necessary to establish a new employment service center, the employment service center must cover all recurrent and investment expenses by itself.
Thus, in order to establish a job service center, it is necessary to comply with the above regulations. Accordingly, it is necessary to have at least 15 employees working to ensure the conditions for the number of employees to establish an employment service center.
What are the duties of the Employment Service Center?
Pursuant to Article 7 of Decree 23/2021/ND-CP stipulating as follows:
“Article 7. Duties of employment service centers
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 in accordance with their abilities and aspirations; counseling on online participation skills; 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. Introduce jobs to employees.
3. Supply and recruit labor at the request of the employer, including:
a) Recruiting workers through entrance exams to select qualified people to meet the requirements of the employer;
b) Supplying labor at the request of the employer;
c) Introduce labor to enterprises licensed to send Vietnamese workers to work abroad under contracts, organizations and individuals investing abroad or public non-business units affiliated to ministries, ministerial-level agencies. Ministries and agencies attached to the Government are assigned the task of sending Vietnamese workers to work abroad under contracts according to the provisions of the Law on Vietnamese Laborers to work abroad under contracts.
4. Collect and provide labor market information.
5. Analysis and forecast of the labor market.
6. Implement the unemployment insurance policy in accordance with the provisions of the Employment Law.
7. Training in interviewing, job search and other work skills; vocational education according to the provisions of law.
8. Implement employment programs and projects.”
Accordingly, the employment service center will perform the tasks listed in the above regulations.
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