What conditions must an employment service provider meet to be issued with business licenses in Vietnam?
What conditions must an employment service provider meet to be issued with business licenses in Vietnam?
According to the provisions of Article 14 of Decree 23/2021/ND-CP of Vietnam on the conditions for issuance of employment service business licenses in Vietnam as follows:
Issuance conditions
1. 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.
2. The business has already pledged 300,000,000 dong (Three hundred million dong) as a security deposit.
3. The business’s legal representative must meet the following conditions:
a) He/she is the business’s executive in accordance with regulations of the Law on Enterprises;
b) 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;
c) 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.
Thus, enterprises that wish to be licensed to provide employment services must meet the following conditions:
+ 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 conditions must an employment service provider meet to be issued with business licenses in Vietnam?
What are the contents of employment service business licenses in Vietnam?
According to the provisions of Article 16 of Decree 23/2021/ND-CP of Vietnam:
Employment service business licenses
1. Each license must be created by using the Form No. 01 of Appendix II hereto.
2. The term of a license shall be regulated as follows:
a) The maximum term is 60 months;
b) A license may be renewed multiple times and the maximum extended period is 60 months;
c) The term of the reissued license must be the remaining term of the previous license.
Thus, an employment service business license includes some of the following contents:
+ Name of enterprise
+ Enterprise ID Number
+ Address of head office
+ The legal representative of the enterprise performing employment service businesses
+ Validity period of the license
And other contents are specified in Form No. 01, Appendix II enclosed with Decree 23/2021/ND-CP of Vietnam.
Download the form of employment service business licenses in Vietnam here.
Which agency has the authority to issue employment service business licenses in Vietnam?
According to the provisions of Article 15 of Decree 23/2021/ND-CP of Vietnam on the authority to issue employment service business licenses as follows:
Authority to issue, renew, reissue and revoke licenses
Provincial-level People's Committees or Departments of Labor, War Invalids and Social Affairs authorized by the People's Committees of the provinces where head offices of employment service businesses are located (hereinafter referred to as competent state authorities) shall grant or renew, re-issue and revoke licenses of employment service businesses.
Thus, Provincial-level People's Committees or Departments of Labor, War Invalids and Social Affairs authorized by the People's Committees of the provinces where head offices of employment service businesses are located (hereinafter referred to as competent state authorities) shall grant licenses of employment service businesses.
LawNet
