19/02/2024 16:58

07 employment services of enterprises in Vietnam under Decree 23

07 employment services of enterprises in Vietnam under Decree 23

What are the current regulations on employment services of enterprises in Vietnam? Thanh Truc - An Giang.

Hello, Lawnet would like to answer as follows:

1. What is employment service?

According to Article 36 of the Law on Employment 2013, regulations on employment services are as follows:

- Employment services include:

+ Job counseling and recommendation;

+ Supply and recruitment of workers at the request of employers;

+ Collection and provision of labor market information.

- Employment service organizations include:

(1) Employment service centers:

+ Employment service centers are public non-business units, including:

++ Employment service centers established by state management agencies;

++ Employment service centers established by socio-political organizations.

+ Employment service centers must be established under the Prime Minister-approved master plans and satisfy the prescribed conditions on physical foundations, equipment and staff. Ministers, heads of ministerial-level agencies and chairpersons of People’s Committees of provinces or centrally run cities (below referred to as provincial-level) may decide on the establishment of employment service centers specified at Point a, Clause 1 of Article 37 of the Law on Employment 2013;

Heads of central socio-political organizations may decide on the establishment of employment service centers specified at Point b, Clause 1 of  Article 37 of the Law on Employment 2013.

(2) Employment service enterprises:

+ Employment service enterprise means an enterprise established and operating under the law on enterprises and possessing an employment service license granted by the provincial-level state management agency in charge of employment.

+ An enterprise that fully satisfies the conditions on physical foundations, equipment, staff and deposit shall be granted an employment service license.

+ Employment service enterprises may establish employment service branches.

+ Employment service enterprises may collect charges in accordance with the law on charges and fees.

2. 07 employment services of enterprises in Vietnam under Decree 23

According to the provisions of Article 28 of Decree 23/2021/ND-CP, 07 employment services of enterprises in Vietnam under Decree 23 include:

(1) Counseling activities, including:

- Providing counsel and orientation regarding career and national occupational skill qualification framework for employees choosing professions and training plans suitable to their capabilities and aspirations;

- Providing job counsels in order for employees to choose job positions suitable to their capabilities and aspirations; counsels on job application skills; self-employment and domestic and foreign job search;

- Providing employers with counsels on recruitment, placement and management of employees; on administration and development of jobs, and human resource development;

- Providing employees and employers with counsels on labor and employment policies.

(2) Job recommendation to employees.

(3) Labor outsourcing and recruitment upon employer’s request, including:

- Recruiting employees through pre-employment tests to select qualified employees meeting the requirements of employers;

- Supplying employees at the employer’s request;

- Introducing employees to enterprises licensed to send Vietnamese workers abroad under contracts, organizations and individuals investing in foreign countries or public service units under the control of ministries, ministerial-level agencies and Governmental bodies that are assigned the tasks of sending Vietnamese workers to work abroad under contracts according to the provisions of the Law on Vietnamese Laborers under Contracts.

(4)  Collecting and providing labor market information.

(5)  Analyzing and forecasting the labor market.

(6)  Providing training in interview, job search and other skills; vocational education in accordance with law.

(7)  Implementing employment-related programs and projects.

Thus, employment service businesses are allowed to carry out 7 main groups of activities including: job counseling activities; job recommendation; labor outsourcing and recruitment; collecting and providing labor market information; analyzing and forecasting the labor market; providing training in interview, job search and other skills; implementing employment-related programs and projects. These are key activities that help connect workers and employers.

Best regards!

Nguyen Ngoc Tram
98


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