Employment, a hot topic that the whole society aims for. Currently, many businesses and centers operate in the field of consulting and employment services. However, employment service is a conditional business line, so when establishing a company, it is necessary to follow the prescribed procedures. In this article, LSX legal firm provides: “Procedures to establish employment services company in Vietnam”
Legal grounds
- Law on Enterprise 2020
- Decree 52/2014/ND-CP
- Decree 01/2021/ND-CP
Employment services
Employment services specializing in brokerage, job counseling for employees, consulting in detail on specific jobs for employees before they decide to choose a job to work.
Related services of the employment services company
According to Article 3 of Decree 52/2014/ND-CP, employment service activities include the following areas:
“Article 3. Employment service activities of enterprises
1. Providing advice to employees and employers, including:
a) Providing advice on the selection of job, training level, learning place that is suitable with the capacity and demand of laborers;
b) Providing advice to laborers on the selection of job that is suitable with their capacity and demand; skills for examination; creating job, finding job in and out of country;
c) Consulting for employers on recruitment and labor management; human resource management and development, employment and employment development.
2. Introduce jobs to employees, supply and recruit workers at the request of the employer, including:
a) Introduce workers who need to find jobs to employers who need to recruit workers;
b) Supplying labor at the request of the employer;
c) Supply and introduce labor to units and enterprises licensed to send Vietnamese workers to work abroad under labor contracts.
3. Collect, analyze, predict and provide labor market information.
4. Organize training to improve job searching capacity and provide skills and vocational training in accordance with the law.
5. Perform programs and projects on employment.”
Conditions to grant a certificate to provide employment services
Employment service organizations are established legally
Customers must carry out the procedures for establishing a business with employment service lines before applying for a qualified certificate at the Ministry of Labor – Invalids and Social Affairs.
Having a head office, facilities and equipment to serve the business.
Head office:
- House, land with a legal owner.
- Notarized house and land lease contract valid for 3 years or more.
- Copy of certificate of land use right.
Besides, conditions for consulting services:
- Consulting room area: guarantee the usable area;
- Administrative and office areas: guarantee to have enough rooms and working conditions for part-timers and employees.
Also, equipment: Fully equipped with tables, chairs, computers, office machines, etc. to practice in accordance with the scale of the business;
Staff
The specialized apparatus to carry out employment service activities includes at least 03 employees:
- Have a college degree or higher.
- Experienced in employment services.
- Have a labor contract.
Deposit
The company must make a deposit of 300,000,000 VND (Three hundred million Vietnam Dong) at the commercial bank where the company opens a trading account.
Business lines
The company must register for the appropriate business lines:
- Code 7810: Activities of labor and employment centers, consulting agencies, referrals, and brokers.
- Code 7820: Provision of temporary labor (if you want to supply labor).
Procedures to establish an employment services company
Step 1: Prepare dossiers
- The application form submits to the business registration office requesting the certificate to establish an employment services company
- Draft of company charter.
- List of founders as well as members.
- Authenticated legal papers of members.
- Valid identification papers of the authorized representative and the legal representative.
- Legal capital confirmation document.
- Certificate of business registration (for organizations).
- Investment registration certificate for foreign investors.
Step 2: Submit dossiers
Submit the application at the Business Registration Office of the Department of Planning and Investment at the province level where you plan to locate the head office of your Company.
Currently, there are two forms to submit an application:
- Register directly: apply at the “one-stop” department of the Business Registration Office. However, in Hanoi, this method is no longer applied.
- Besides, online business registration: submit your application on the National Business Registration Portal (Address: https://dangkykinhdoanh.gov.vn). After the online application is valid, you will have to go directly to the “one-stop” department to return the scanned copy (hard copy) when submitting it online. However, this method is relatively complicated, requiring you to have skills and knowledge about registering a business account.
Once you have submitted your application, you will receive a receipt for your application. Then, usual processing time for applications will be 3 working days.
Step 3: Receive result
According to the schedule on the appointment, you return to the “one-stop” department of the Business Registration Office to receive the results. There are two possible scenarios:
- Dossiers valid: You will receive a Certificate of Business Registration as a result and a notification to the tax authorities.
- In contrast, dossiers invalid: The Business Registration Office will have a document instructing you to amend the dossiers in accordance with the provisions of the law. After the amendments and supplements to your application according to this guide, then resubmit your application as in Step 2.
Step 4: Post-establishment procedures.
Receiving a Business Registration Certificate is just the first step in putting your company into operation. After that, you have to do the following series of procedures:
- Notice the use of the company’s seal sample.
- Bank account notice (if your company registers a bank account).
- Tax procedures such as license declaration and payment of license fees, Tax on corporate headquarters inspection,…
- Trademark protection (if you need it).
- …
After carrying out these procedures, your Company can go into operation.
LSX legal firm’s service on company establishment
When establishing a company, people must carry out the procedure following the law at the competent business registration authority (under the Law on Enterprise 2020). The process of establishing a business includes many different steps and phases. If you are not familiar with the law, this process may take a lot of time.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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Related questions
Firstly, Custom Department: confirm the customs obligations (applies to all companies);
Secondly, Tax authority: final settlement, Tax identification number closure;
Thirdly, Vietnam social security: closing social insurance books for employees;
Fourthly, Business Registration Authority: return the Certificate of Business Registration.
Firstly, Joint-stock company
Secondly, Single-member limited liability company
Thirdly, Multi-member (two or more) limited liability company
Fourthly, Partnership
Lastly, Sole proprietorship
Contact LSX
Finally, hope this article is useful for you to answer the question about “Procedures to establish employment services company in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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