Tiếng Việt
中文An enterprise engaging in employment services must be established and operate in accordance with the law on enterprises and must hold a license for employment service operations.
Current legal basis: the Law on Employment 2025 and Decree No. 352/2025/ND-CP detailing several articles of the Law on Employment on employment services (promulgated on 30 December 2025, effective from 1 January 2026; replacing Decree No. 23/2021/ND-CP). Contents previously citing Decree No. 23/2021/ND-CP and the Law on Employment 2013 are now applied under this new legal framework.
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1. Conditions for issuance of the employment service operation license
Under Article 15 of Decree No. 352/2025/ND-CP, the conditions for issuing the employment service operation license to an enterprise are as follows:
(i) Having its head office, a branch, or premises leased by the enterprise under a contract for organizing employment service operations with a remaining term of at least 2 years (24 months) as of the date the enterprise submits the license application dossier.
(ii) Having deposited a security deposit of VND 300,000,000 (three hundred million dong) for employment service operations.
(iii) The enterprise’s legal representative engaging in employment service operations is a person not subject to restriction or loss of civil act capacity; holding a university degree or higher or having at least 2 years (24 months) of experience in employment services or labor supply.
Notable new points compared with the old regulations (Decree No. 23/2021/ND-CP): the premises condition has been relaxed — previously requiring a stable lease contract of 3 years (36 months) or more, now only requiring a remaining term of at least 2 years (24 months) as of the dossier submission date; the condition for the legal representative has also been simplified (removing the requirement of “being an enterprise manager” and the detailed list of exclusion cases, and removing the “within the immediately preceding 5 years” experience requirement). The VND 300 million deposit is unchanged.
2. Term of the employment service operation license
The term, extension, and re-issuance of employment service operation licenses are now governed by Decree No. 352/2025/ND-CP. The specific license term must be checked directly against Decree No. 352/2025/ND-CP before application (the old content under Decree No. 23/2021/ND-CP — maximum 60 months, extendable multiple times for up to 60 months each — is no longer applicable).
3. Operations of employment service enterprises
Under the Law on Employment 2025 and Decree No. 352/2025/ND-CP, the employment service operations of an enterprise include the following basic contents:
(i) Consulting and introducing jobs to employees and employers.
(ii) Supplying and recruiting workers at the request of employers.
(iii) Collecting and providing labor market information.
(iv) Analyzing and forecasting the labor market.
(v) Skills training and vocational training in accordance with the law.
(vi) Implementing employment programs and projects.
4. Transitional provisions for licenses issued before 1 January 2026
Under Articles 27 and 28 of Decree No. 352/2025/ND-CP, employment service operation licenses issued before 1 January 2026 remain valid until the expiry date stated on the license; enterprises carry out subsequent procedures (extension, re-issuance, revocation) in accordance with Decree No. 352/2025/ND-CP.
Notes on Applying Current Legal Regulations
This article belongs to the Corporate & M&A Knowledge group and is presented for reference, helping readers understand the legal issue at a general level before preparing dossiers or conducting transactions.
Legal regulations may change depending on timing, locality, dossier type, and specific circumstances. If you need to determine the exact legal basis applicable to your dossier, please contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Risks to Note
- Applying legal documents that have been amended, supplemented, or replaced.
- Preparing incomplete dossiers, documents, or evidence.
- Misunderstanding conditions, procedures, time limits, or competent authorities.
- Signing, submitting dossiers, or conducting transactions without fully assessing legal risks.
How Can ANT Legal Help?
ANT Legal assists in reviewing specific situations, checking dossiers, determining applicable legal bases, advising on solutions, and representing clients in dealings with individuals, organizations, or competent authorities when necessary.
For quick consultation, please contact our lawyers at 0966.475.966.
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Frequently Asked Questions
How long is the employment service operation license valid? Under Decree No. 352/2025/ND-CP, the license has a fixed term and must be extended upon expiry; the enterprise must maintain the conditions throughout its operations.
What happens if operating without a license? Administrative penalties may apply, and the enterprise may be compelled to terminate its employment service operations.
