Employment is one of the essential needs of people today. It allows us to generate income not only to support our lives but also to meet other personal needs. Understanding this, many entities have considered operating in the employment service sector. However, they are not clear about the conditions and procedures for registering business activities in this field. Therefore, NPLaw provides basic information on applying for an employment service operation license; to help readers understand this issue more clearly.
Employment is one of the essential needs of people today. It allows us to generate income not only to support our lives but also to meet other personal needs. Understanding this, many entities have considered operating in the employment service sector. However, they are not clear about the conditions and procedures for registering business activities in this field. Therefore, NPLaw provides basic information on applying for an employment service operation license; to help readers understand this issue more clearly.
I. What is an employment services enterprise?
According to Article 3 of Employment Law 2013, employment is a labor activity that generates income that is not prohibited by law.
According to Clause 1 Article 39 of Employment Law 2013, employment services enterprise is an enterprise established and operating under the provisions of the law on enterprises and must have an employment service operation license issued by the provincial-level state employment management agency.
II. What conditions must an enterprise meet to obtain an employment service operating license?
According to Article 14 of Decree No. 23/2021/ND-CP (detailing Clause 3 Article 37, Article 39 of the Employment Law on employment service centers, employment service enterprises), enterprise must meet the following conditions:
- Have a location for the headquarters, branch office to organize employment service activities owned by the enterprise or leased by the enterprise for a stable period of at least 03 years (36 months).
- The enterprise has deposited 300,000,000 VND (Three hundred million dong).
- The legal representative of the enterprise conducting employment services must ensure the following conditions:
+ Be an enterprise manager according to the provision of the Enterprise Law;
+ Not fall into any of the following cases: being prosecuted for a criminal liability, being detained, serving a prison sentence, serving an administrative sanction at a compulsory drug rehabilitation facility, compulsory eduction facility, escapting from residence, being restricted or losing civil capacity, having difficulty in cognition, controlling of behavior, being prohibited by the court from holding positions, practicing professions or doing jobs related to employment services;
+ Have a university degree or higher, or have direct experience in specializing or managing employment or labor supply services for at least 02 years (24 months) within the 05 consecutive years preceding the license application.
The employment service operation license
- The content of the employment service operation license follows Form 01 of Appendix II issued with Decree No. 23/2021/ND-CP
- The term of the license is as follows:
+ The maximum term of the license is 60 months;
+ The license can be renewed many times, each renewal for a maximum of 60 months;
+ The term of the license granted is equal to the remaining term of the previously granted license.
Documents required for obtaining an employment service operation license
According to Article 17 of Decree No 23/2021/ND-CP, the enterprise needs to prepare a dossier consisting of the following documents:
- Application for a license from the enterprise using Form No. 02 of the Appendix II issued with this Decree.
- 01 certified copy of the original or copy presented with the original for comparison of the Certificate of Ownership of Lease Agreement for the location as stipulated in Clause 1, Article 14 of this Decree.
- Certificate of deposit for employment service operations according to Form No. 04 of Appendix II issued with this Decree.
- Autobiographical curriculum vitae of the legal representative of the enterprise according to Form No. 04 of Appendix II issued with this Decree.
- Judicial record form No. 1 according to the legal regulations on judicial records for the legal representative of the enterprise. If the legal representative is a foreigner who is not eligible for a judicial record form No. 1, it can be replaced with a judicial record sheet or a document confirming that the individual is not serving a sentence or has no unexpunged convictions, or is not under criminal investigation in the foreign country (these documents must be issued no more than 06 months before the application submission date; foreign-language documents must be translated into Vietnamese, certified and consularly legalized according to legal regulations).
- 01 certified copy of the original or copy presented with the original for comparison of professional qualification as stipulated: a university degree or higher, or one of the documents proving a period of at least 02 years (24 months) of direct professional or managerial work in employment or labor supply services within 05 consecutive years preceding the license application of the legal representative of the enterprise as follows:
+ Certified copy of the original or copy presented with the original for comparison of labor contract or working contract or decision on recruitment, appointment, or task assignment of the legal representative of the enterprise. If the document is a foreign document, it must be translated into Vietnamese, certified and consularly legalized according to legal regulations.
+ Certified copy of the original or copy presented with the original for comparison of appointment decision (for those working under the appointment regime) or the document recognizing election results (for those working under the election regime) of the legal representative of the enterprise or certified copy of the enterprise registration certificate (for cases where the legal representative is of the employment service enterprise). If the document is a foreig document, it must be translated into Vietnamese, certified and consularly legalized according to legal regulations.
III. How is this licensing procedure carried out?
According to Article 18 of Decree No. 23/2020/ND-CP, the procedure for obtaining this license is as follows:
- Enterprise submits 01 (one) dossier in accordance with the regulations to the Department of Labor, Invalids and Social Affairs where the enterprise has its headquarters to apply for this license. Upon verifying that the required documents are complete, the Department of Labor, Invalid and Social Affairs will issue a receipt clearly stating the date, month, and year of receipt of the application for a license.
- Within 07 working days from the date of receipt of the dossier in accordance with the regulations, the competent authority shall review and grant a license to the enterprise; in case the license is not granted, the enterprise shall be notified in writing and the reason shall be stated.
Through this article, NPLaw aims to provide essential information regarding the procedures for obtaining an employment service operating license: definition of employment service enterprise, the conditions, the application process and the required documents. If you have further questions or require additional information on this matter, please contact NPLaw for consultation and assistance.
