Currently, with the development of socio-economic situation in our country, the business expansion of employment service business is increasing to meet the job search needs of workers. Employment service activities include activities such as consulting and introducing jobs for employees and employers; supply labor according to the requirements of the employer,…
This is a conditional business line, so when conducting business in employment services, it is necessary to carry out procedures for applying for an employment service license. To make this more clear, LSX Lawfirm will give you an article about: “Procedures for application for license working services in Vietnam”, as follows:
Legal grounds
Employment law 2013
Decree No. 23/2021/ND-CP
Conditions for granting employment service operation license
Firstly, have premises for an employment service business’s main office or branches to organize employment service activities owned or rented permanently by the business under a contract having the term of 3 years (36 months) or more.
Secondly, the business has already pledged 300,000,000 dong (Three hundred million dong) as a security deposit.
Thirdly, 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.
-Then, he/she is not falling into the following situations:
- Prosecuted for criminal liability
- Detained
- Then, serving imprisonment penalties
- Serving administrative penalties at compulsory detoxification establishments or compulsory education centers
- Then, 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
- Then, banned by courts from holding certain posts or practicing certain occupations or doing certain jobs relating to employment services.
-Finally, have 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.
Procedures for application for license working services in Vietnam
Step 1: Submit your application
So, the applicant business sends 01 set of application documents to the Department of Labor, War Invalids and Social Affairs of the place where its main office is located to apply for the license.
Step 2: Receive and check documents
Then, upon determining that all documents submitted, the receiving Department of Labor, War Invalids and Social Affairs issues a note of acknowledgement clarifying the date on application documents received.
Step 3: Issuing Employment Service Activity License
Within the maximum duration of 07 working days of receipt of application documents meeting regulations, the competent state authority considers issuing the license to the applicant business; in case of refusal to grant the license, a written response clarifying reasons for such refusal sent.
You can also refer to the Procedure for registration of collective labor agreements in Vietnam, Benefits of foreigners participating in social insurance in Vietnam. The social insurance book is the basis for settling the social insurance regime for participants in accordance with law. The information in the book includes working time, payment process and social insurance benefits.
Related questions
Provincial-level People’s Committees or Departments of Labor, War Invalids and Social Affairs authorized by the People’s Committees of the provinces where head offices of employment service businesses are located (hereinafter referred to as competent state authorities) shall grant or renew, re-issue and revoke licenses of employment service businesses.
The term of a license shall be regulated as follows:
a) The maximum term is 60 months;
b) A license may be renewed multiple times and the maximum extended period is 60 months;
c) The term of the reissued license must be the remaining term of the previous license.
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