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The procedure for the issuance of the Employment Service License

22/07/2021
Enterprises wishing to provide employment services must not only establish an enterprise but also apply for a license to provide employment services as this is a conditional business line prescribed by law.

Employment service license form

1. Requirements when carrying out the procedure for the issuance of the employment service licenses 

Enterprises providing employment services must satisfy the following requirements:

a. Requirements for the location of the enterprise:

  • Locations for main offices or branches of the enterprise must be stable and have a term of 3 years (36 months) and over.

  • If it is the house owned by the person registering the business, the application for a certificate must have valid documents, if it is a rented house, it must have a lease contract with a lease term of at least 3 years (36 months) and over.

b. Requirements of deposit

  • The deposit is used in case the enterprise fails to perform or fails to fulfill its obligations in employment service activities at the request of a regulatory agency.

  • The enterprise has made a deposit of VND 300,000,000 at a Vietnamese commercial bank or a foreign bank branch legally established and operating in Vietnam. Enterprises carry out the deposit payment procedures in accordance with the bank's regulations and the regulations of the law.

  • The deposit will be withdrawn in case of receiving a document from a regulatory agency that issues the employment service license confirming the settlement of risks or compensation occurring during the employment service operation of the enterprise.

c. Requirements for the legal representative of the enterprise.

  • Is the business’s executive in accordance with regulations of the Law on Enterprises. 

  • 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;

  • Has a university degree or higher qualification or has been directly involved in professional or administrative tasks related to employment services, or rendering of employment services, for 02 years (24 months) and over within 05 consecutive years before applying for the license.

2. Applications for the issuance of the employment service licenses

  • Written request for the issuance of the license

  • A certified copy of the Enterprise Registration Certificate or a copy of the Enterprise Registration Certificate and present the original for comparison.

  • A certified copy of Certificate of deposit payment in accordance with regulations.

  • Documents proving eligibility for the location.

  • A valid copy of the degree, the labor contract with the full-time staff.

  • Other legal documents.

3. The procedure for the issuance of the employment service license

The application for an employment service license is carried out in two steps:

Step 1: Submit application for Employment Service License 

  • The People's Committee of the Province or the Department of Labor, War Invalids and Social Affairs is authorized by the People's Committee of the Province where the enterprise's head office is located to issue license for the enterprise. 

  • Estimated time: 07 - 10 working days.

Step 2: Notification of the employment service 

  • Within 20 working days from the date of the issuance of the license, the enterprise must publicly announce in the media about the license, location, field of operation, name of the legal representative provide the employment services, phone numbers, e-mails, websites. 

  • 10 working days prior to the date of commencement of its operation, the enterprise providing employment services shall notify in writing to the Department of Labor, War Invalids and Social Affairs where the head office is located.

4. Legal basis 

  • Law on Employment dated November 16, 2013, of National Assembly

  • Decree 23/2021/ND-CP of the Government dated March 19, 2021, detailing Clause 3, Article 37 and Article 39 of Law on Employment regarding employment service centers and employment service enterprises. 

For comprehensive support, please contact:

Siglaw legal company limited (Siglaw Firm)

Hotline: +84 967 818 020

Headoffice in Hanoi:

Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Hotline: +84 967 818 020

Email: hanoi@siglaw.vn

Ho Chi Minh City Branch:

Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.

Hotline: +84 985 982 659

Email: hcm@siglaw.vn 


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Siglaw legal company limited
Head Office:
Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Hotline: +84 967 818 020
Email: hanoi@siglaw.vn
 
Branch in Central Area:
Địa chỉ: 177 Trung Nu Vuong Street, Hai Chau District, Da Nang, Vietnam
Hotline: 84 967 818 020
 
Branch in Ho Chi Minh:
Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.
Hotline: 84 967 818 020
Email: hcm@siglaw.vn
 
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