EMPLOYMENT SERVICE OPERATION PERMIT

EMPLOYMENT SERVICE OPERATION PERMIT

One of the most popular, easy to do business and bring high income to investors is the employment service business. Due to the development needs of society, large enterprises need to find quality workers who meet the necessary working conditions to operate businesses. Therefore, employment services were born and growing, especially in Vietnam. So what are the issues to note, find out in the article below.

• What is an employment service license?

An employment service permit is a type of permit issued by a competent government agency to enterprises wishing to engage in employment service activities. Thereby bringing profits to the company as well as value to the market, to economic development.

• Conditions for issuance of employment service operation permits

Decree 23/2021/ND-CP takes effect from 01/06/2021 stipulating conditions for applying for an employment service operation license as follows:

The location of the head office or branch to carry out activities in the field of providing employment services may be the property owned by the enterprise or stably leased by the enterprise under a contract with a term of 03 years (36 months) or more.

The enterprise has made a fund deposit of VND 300,000,000 (Three hundred million VND).

The legal representative of the enterprise, carrying out activities in the field of providing employment services, must ensure the following conditions (according to the new regulations):

• Being the manager of the enterprise in accordance with the Law on Enterprises.
• Not falling into one of the following cases: being examined for penal liability, being detained, serving a prison sentence, serving administrative handling measures at compulsory detoxification establishments or compulsory education institutions, fleeing from their place of residence, being restricted or losing civil act capacity,  have difficulties in cognition, mastery of behavior, are prohibited by the Court from holding office, are prohibited from practicing or doing work related to employment services;
• Have a university degree or higher or have worked directly in the professional field or employment service management or labor supply for at least 02 years (24 months) in a continuous period of 05 years before applying for a license.

• Process and procedures for applying for an employment service operation permit

Step 1: Prepare your application

• An application for an employment service license, according to Form No. 02 of Appendix II, is issued together with Decree 23/2021.
• Certificate of ownership or lease contract for the location of the employment service team: 01 certified copy from the original or copy, enclosed with the original for comparison.
• Certificate of deposit for employment service activities, according to Form No. 03 Appendix II, issued together with Decree 23/2021.
• Autobiographical resume of the legal representative, according to Form No. 04 Appendix II, issued together with Decree 23/2021.
• Criminal record card No. 1 of the legal representative. In case the representative is a foreigner, it may be replaced with a criminal record card or a written confirmation that he is not serving the penalty, has not had his criminal record cleared, or is being examined for criminal liability of a foreign country.
• All of the above documents must be issued within 06 months before the date of submission. Documents in foreign languages need to be translated into Vietnamese, authenticated and legalized in accordance with the provisions of law.
• In addition, professional qualifications or documents demonstrating the legal representative’s professional or employment service management experience are also an important part of the application.

Step 2: Apply

Address: Department of Planning and Investment of the province and city where the company’s headquarters is located. For example:

• Hanoi Department of Planning and Investment: No. 258 Vo Chi Cong Street, Xuan La Ward, Tay Ho, Hanoi. Opening hours: 8:00-17:00 from 2nd to 6th.
• Department of Planning and Investment of Ho Chi Minh City: Quarter 2, An Khanh, Thu Duc, Ho Chi Minh City
• Department of Planning and Investment of Da Nang: No. 24 Tran Phu Street, Thach Thang, Hai Chau, Da Nang

After checking to ensure that the dossier is complete as prescribed, the Department of Labor, War Invalids and Social Affairs shall issue a receipt, accurately stating the date, month and year of receipt of the application for a license.

Step 3: Grant a license

Within 07 working days from the date of receipt of a valid dossier, the competent state agency shall consider and grant a license to the enterprise.

If there is a case of refusal to grant a license, the enterprise will receive a written reply with a clear explanation of the reason from the competent authority.

Siglaw Law Firm

Phone: (+84) 961 366 238

Email:

• vphn@siglaw.com.vn
• vphcm@siglaw.com.vn

Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.

Southern branch: A9.05 BLOCK A, SkyCenter Building, 5B Pho Quang Street, Ward 2, Tan Binh District, Ho Chi Minh City, Vietnam.

Central branch: 177 Trung Nu Vuong, Hai Chau District, Da Nang City

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