Conditions for granting employment service business license in Vietnam
Currently, the need for labor is becoming more and more important to everyone. For recruiters, this becomes even more important as they will be held accountable for their workforce. Therefore, the need for a business license also plays a key role in starting a promising employment relationship. Then, et’s find out with Lawyer X about the conditions for granting employment service business licenses!
Legal grounds
Employment Law 2013
Decree 23/2021/ND-CP
Employment service
Employment services include counseling, job placement; supply and recruiting labor at the request of the employer; collect and providing information on the labor market.
Besides, employment service organizations include employment service centers and employment service businesses.
Employment Service Center
Employment service centers are public non-business units, including:
a) Employment service centers established by state management agencies;
b) Secondly, employment service centers established by socio-political organizations.
So, employment service centers to be established must conform to the planning approved by the Prime Minister and satisfy all conditions on facilities; equipment; prescribed manpower. Minister; Heads of ministerial-level agencies; Chairman of the Provincial People’s Committee; centrally-run cities (hereinafter referred to as provincial-level) decide to establish employment service centers specified at Point a, Clause 1 of this Article; the head of the central socio-political organization shall decide to establish the employment service center specified at Point b, Clause 1 of this Article.
What is an employment service business?
An employment service enterprise means an enterprise established and operating by the law on enterprises; besides, must have an employment service operation license issued by the provincial state management agency in charge of employment. An enterprise is granted a license to provide employment services when it satisfies all conditions on facilities; equipment; human resources and deposit; may establish a branch of employment services; may collect fees by the law on fees; fees.
Conditions for granting employment service business license
1. Having a head office location; branches to organize employment service activities owned by enterprises, or stable leased by the enterprise under a contract of 3 years (36 months) or more.
2. Then, the enterprise has deposited VND 300,000,000.
3. The legal representative of an enterprise providing employment services must satisfy the following conditions:
a) Being an enterprise manager according to the provisions of the Enterprise Law
b) Not falling into one of the following cases: being examined for penal liability; detained; is serving a prison sentence; are serving administrative handling measures at compulsory detoxification establishments; compulsory educational institutions, escape from the place of residence; restricted or incapacitated for civil acts; have cognitive difficulties; controlling the behavior, banned by the Court from holding certain positions; prohibited from practicing or doing work related to employment services
c) Moreover, having a university degree or higher or having worked directly in the profession, or managing employees or labor supply services for full 02 years (24 months) or more; within 5 consecutive years before applying for a license.
So, this condition is promulgated in Decree 23/2021/ND-CP effective from June 1, 2021; there are many amendments and supplements compared to the replaced decree, which is Decree 52/2014/ND-CP.
Related article:
Service for setting up branches and representative offices in Vietnam
Procedures for setting up an insurance business in Vietnam
Frequently asked questions
An enterprise that has deposited 300,000,000 VND (Three hundred million VND) is eligible for a license to provide employment services.
Having a location for its head office or branch to organize employment service activities, which is owned by the enterprise or is leased stably by the enterprise under a contract of 3 years (36 months) or more.
So, the legal representative of the enterprise requires a university degree or higher. However, it can be applied in other cases when having directly worked as a professional or in managing employment or labor supply services for full 02 years (24 months) or more within the previous 05 years. when applying for a license.
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