Hello lawyer. I plan to open a job placement center but don’t know how to do this procedure? According to current regulations, what is the procedure for applying for a job placement center license? Looking forward to having a lawyer answer your questions. I sincerely thank you!”
Thank you for trusting and sending questions to Lawyer X. With your questions, we would like to give you the following advice:
– Employment Law 2013;
– Labor Code 2019.
Job placement center activities
According to the provisions of Article 7 of Decree No. 23/2021/ND-CP, the employment service center performs the following tasks:
Consulting activities, including:
– Above all, counseling, career orientation, national occupational skill qualification framework for employees to choose professions, training, retraining, and training plans suitable to their abilities and aspirations.
– Secondly, job counseling for employees to choose a job position suitable to their abilities and aspirations; counseling on online participation skills; on self-employment, job search at home and abroad.
– Thirdly, advising employers on recruitment, employment, and labor-management; on management and job development, and human resource development.
– Consulting on labor and employment policies for employees and employers.
Job introduction for workers
Supply and recruit labor at the request of the employer, including:
– Recruiting workers through entrance exams to select qualified people to meet the requirements of employers.
– Supply labor at the request of the employer.
– Besides, introduce labor to enterprises licensed to send Vietnamese workers to work abroad under contracts, organizations and individuals investing abroad or public non-business units under ministries or ministerial-level agencies, a government-attached agency tasked with sending Vietnamese workers to work abroad under contracts under the provisions of the Law on Vietnamese Laborers to work abroad under contracts.
Collect and provide labor market information
Labor market analysis and forecasting
Implement an unemployment insurance policy by the Employment Law
Training skills to participate in interviews, job search, and other work skills; vocational education by the law
Implement employment programs and projects.
Conditions for applying for a license to establish a job placement center
According to the provisions of Article 3 of Decree 196/2013/ND-CP stipulating the establishment and operation of employment service centers, you need to satisfy the following conditions for establishment:
– Must be consistent with the network planning of Employment Service Centers approved by the Prime Minister.
– Must have specific goals, tasks, and functions.
– In the case of building a new head office, there must be a working office/land allocation planning scheme for the construction of the head office already approved by a competent authority.
– Besides, the establishment must be fully equipped with equipment and working facilities to be able to perform employment service activities as prescribed in Decree 196/2013/ND-CP; regulations on standards and norms of equipment and working means of agencies and civil servants, public employees, and employees.
– The establishment must have at least 15 staff with college degrees or higher
– For employment service centers specified at Point b, Clause 1 and Clause 2, Article 2 of Decree 196/2013/ND-CP, upon establishment, there must be written approval from the President of the People’s Committee of the province. The province where the Job Center is headquartered.
– Lastly, the regular operating expenses shall be guaranteed by the competent agencies established by the provisions of law.
Dossier to apply for a license to set up a job placement center
To carry out the procedures for applying for a license to establish a job placement center, you need to prepare all the documents according to the following regulations:
– Firstly, a written request for a license to provide employment services;
– Secondly, project on job introduction activities;
– A valid copy of the business registration certificate, present the original for comparison;
– Then, a valid copy of the Certificate of deposit payment as prescribed by law;
– Documents evidencing eligibility for the location as prescribed by law;
– Valid copies of documents related to personnel in the apparatus specialized in performing employment service activities such as ID card, diploma, curriculum vitae, labor contract
– Some other legal documents.
Procedures for applying for a job placement center license
Step 1: Submit your application
The enterprise sends 01 (one) set of dossiers as prescribed to the Department of Labor, War Invalids, and Social Affairs where the enterprise’s head office is located to apply for a license.
Step 2: Receive and accept the settlement
The Department of Labor – Invalids and Social Affairs receives the application, conducts the appraisal, and issues a license to the business within 7 working days. In case the dossier is invalid or cannot be issued, a written notice must be given, clearly stating the reason to the enterprise.
Step 3: Return the result
Within 30 days from the date of receipt of a valid application file for a license, the Department of Labor, War Invalids, and Social Affairs is responsible for granting the license to the enterprise. In case the enterprise does not grant a license, it must reply in writing and clearly state the reason.
Please see more:
- Entry Into Labor Contracts In Accordance With Viet Nam Legal Regulations
- How Many Times Does The Law Of Vietnam Allow To Sign A Labor Contract?
- In Vietnam, Are Employers Allowed To Enter Into Labor Contracts With 15-Year-Olds?
Frequently asked questions
The scope of the job placement service includes 2 main areas:
– Counseling services for employees and employers (Advising employees to choose a career suitable for their age, training level, ability, interests, etc. most suitable jobs. Consulting for employers on recruitment, management, human resource management, and staff development)
– Job introduction service for employees, supply and recruitment of labor resources for employers.
According to the provisions of Article 40 of the 2013 Employment Law, employment service enterprises may perform the following tasks:
– Firstly, consulting and introducing jobs to employees and employers.
– Secondly, supply and recruit labor according to the requirements of the employer.
– Collect and provide labor market information.
– Analysis and forecasting of the labor market.
– Training skills, vocational training according to the provisions of law.
– Implementation of programs and projects on employment.
An enterprise may establish a branch but must satisfy the conditions for the branch office and notify the Department of Labor, War Invalids and Social Affairs where the enterprise’s head office is located and the Department of Labor, War Invalids and Social Affairs where the enterprise is located. The enterprise locates its branch office (for the case where the branch location is different from the province where the enterprise has been granted the license) within 10 days from the date of establishment of the branch.
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