Conditions for issuance of licenses of employment service businesses in Vietnam

Conditions for issuance of licenses of employment service businesses in Vietnam (Internet image) 

1. What are employment services?

- Employment services include job counseling and recommendation; supply and recruitment of workers at the request of employers; and collection and provision of labor market information.

- Employment service organizations include employment service centers and employment service enterprises.

(Article 36 of the Law on Employment 2013)

2. Conditions for issuance of licenses of employment service businesses in Vietnam

According to Article 14 of Decree 23/2021/ND-CP, the conditions for issuance of licenses of employment service businesses include:

- 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.

3. Application documentation requirements for issuance of licenses of employment service businesses in Vietnam

According to Article 17 of Decree 23/2021/ND-CP, the application documentation requirements for issuance of licenses of employment service businesses is as follows:

- Written request for issuance of the license made by using the Form No. 02 of the Appendix II to Decree 23/2021/ND-CP.

- 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 Decree 23/2021/ND-CP.

- Certificate of security deposit for rendering of employment services by using the Form No. 03 of Appendix II to Decree 23/2021/ND-CP.

Certificate of security deposit for rendering of employment services

- Biographical statement of the business’s legal representative that is made by using the Form No. 04 of the Appendix II to Decree 23/2021/ND-CP.

Biographical statement of the business’s legal representative

- 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 of Decree 23/2021/ND-CP, 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:

(i) 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;

(ii) 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.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE