08 cases of revocation of employment service business licenses in Vietnam

08 cases of revocation of employment service business licenses in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. 08 cases of revocation of employment service business licenses in Vietnam

According to Clause 1, 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 Labor Code 2019.

2. Application documents for revocation of employment service business licenses in Vietnam

Specifically, Clause 2, Article 21 of Decree 23/2021/ND-CP, application documents for revocation of employment service business licenses are required in the cases stated in point a, b and c of clause 1 of this Article, including:

- Written request for revocation of employment service business licenses made by using the Form No. 05 of the Appendix II to Decree 23/2021/ND-CP;

- Issued license or written commitment to bearing legal responsibility made by the employment service business. This is required if the license has gone missing;

- Review report on employment services made by using the Form No. 08 of Appendix II to Decree 23/2021/ND-CP.

3. Processes and procedures for revocation of employment service business licenses in Vietnam

Pursuant to Clauses 3, 4 and 5, Article 21 of Decree 23/2021/ND-CP, processes and procedures for revocation of employment service business licenses are applicable in the cases specified in point a, b and c of clause 1 of this Article as follows:

- The business sends 01 set of application documents prescribed in Article 2 of Decree 23/2021/ND-CP to the Department of Labor, War Invalids and Social Affairs of the place where its main office is located;

- The Department of Labor, War Invalids and Social Affairs receives these documents, checks and issues the note of acknowledgement clearly stating the date of receipt.

Within the maximum duration of 03 working days of receipt of application documents meeting regulations, the competent state authority issues the decision on revocation of the business’s license. The decision on revocation of employment service business licenses must be made by using the Form No. 06 of the Appendix II to Decree 23/2021/ND-CP;

Mẫu số 06

- Processes and procedures for revocation of employment service business licenses are applicable in the cases specified in point d, dd, e, g and h of clause 1 of Article 21 of Decree 23/2021/ND-CP as follows:

- Upon discovering or according to inspection, examination and audit recommendations of the competent state authority on enterprises falling into the cases specified at points d, dd, e and g of clause 1 of Article 21 of Decree 23/2021/ND-CP, 

The Department of Labor, War Invalids and Social Affairs of the place where the business's main office is located inspects and collects associated evidences or examines the documents transferred by the sending competent authority, and submits them to competent state authorities for the purposes of revocation of employment service business licenses;

- Within 03 working days of receipt of the decision on revocation of employment service business licenses, the employment service business returns the license to the Department of Labor, War Invalids and Social Affairs.

Note: The business shall not be granted any license within 3 years from the date of revocation of its license if they commit violations against points d, dd, e, g and h of clause 1 of Article 21 of Decree 23/2021/ND-CP.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE