What is the application for a license to establish an employment service business provider in Vietnam?
Which agency has the authority to issue a license to establish an employment service business provider in Vietnam?
According to the provisions of Article 15 of Decree 23/2021/ND-CP of Vietnam on the authority to issue, renew, reissue and revoke licenses as follows:
- 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 shall grant licenses of employment service businesses.
What is the application for a license to establish an employment service business provider in Vietnam?
What is the application for a license to establish an employment service business provider in Vietnam?
According to the provisions of Article 17 of Decree 23/2021/ND-CP of Vietnam, the application for a license to establish an employment service business provider in Vietnam includes:
- Written request for issuance of the license made by using the Form No. 02 of the Appendix II to this Decree.
- 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 this Decree.
- Certificate of security deposit for rendering of employment services by using the Form No. 03 of Appendix II hereto.
- Biographical statement of the business’s legal representative that is made by using the Form No. 04 of the Appendix II to this Decree.
- 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 prescribed at point c, clause 3, Article 14, 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 in point a and b of this clause are those made in foreign countries, they must be translated into Vietnamese, authenticated and consularly legalized in accordance with law.
What are the processes and procedures for issuance of licenses?
According to the provisions of Article 18 of Decree 23/2021/ND-CP of Vietnam on the processes and procedures for issuance of licenses:
Processes and procedures for issuance of licenses
1. The applicant business sends 01 set of application documents prescribed in Article 17 herein to the Department of Labor, War Invalids and Social Affairs of the place where its main office is located to apply for the license.
2. Upon determining that all documents referred to in Article 17 herein are submitted, the receiving Department of Labor, War Invalids and Social Affairs issues a note of acknowledgement clarifying the date on which application documents are received.
3. Within the maximum duration of 07 working days of receipt of application documents meeting regulations, the competent state authority considers issuing the license to the applicant business; in case of refusal to grant the license, a written response clarifying reasons for such refusal must be sent.
Thus, the applicant business sends 01 set of application documents prescribed in Article 17 herein to the Department of Labor, War Invalids and Social Affairs of the place where its main office is located to apply for the license.
Upon determining that all documents referred to in Article 17 herein are submitted, the receiving Department of Labor, War Invalids and Social Affairs issues a note of acknowledgement clarifying the date on which application documents are received.
Within the maximum duration of 07 working days of receipt of application documents meeting regulations, the competent state authority considers issuing the license to the applicant business;
In case of refusal to grant the license, a written response clarifying reasons for such refusal must be sent.
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