Conditions for granting a license to operate employment services is legal content that readers often need to check carefully before implementing in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Employment service businesses must be established and operate in accordance with the law on enterprises and must have a license to operate employment services.
1. Conditions for granting employment service operating licenses in 2024
Pursuant to Article 14 of Decree 23/2021/ND-CP, conditions for granting operating licenses of employment service enterprises are prescribed as follows:
(i) Has a headquarters location or branch to organize employment service activities owned by the enterprise or stably leased by the enterprise under a contract of 3 years or more.
(ii) The enterprise has made a deposit of 300 million VND.
(iii) The legal representative of the enterprise performing employment service activities must ensure the following conditions:
– Be a business manager according to the provisions of the Law on Enterprises 2020.
– Not falling into one of the following cases: Being prosecuted for criminal liability, being detained, serving a prison sentence, being subject to administrative handling measures at a compulsory detoxification facility, compulsory education establishment, escaping from the place of residence, having limited or lost civil act capacity, having difficulty in cognition, controlling behavior, being banned by the Court from holding a position, practicing a profession or doing work related to employment services.
– Have a university degree or higher or have had time directly working as a professional or managing employment services or labor supply for 02 years or more within the 05 consecutive years before applying for a license.
2. Term of employment service operating license in 2024
Pursuant to Clause 2, Article 16 of Decree 23/2021/ND-CP, the term of the employment service operation license is prescribed as follows:
(i) Maximum license term is 60 months.
(ii) The license can be renewed many times, each extension is for a maximum of 60 months.
(iii) The term of the reissued license is equal to the remaining term of the previously issued license.
3. Activities of employment service enterprises
Pursuant to Article 40 of the Employment Law 2013, activities of employment service enterprises include:
(i) Consulting and introducing jobs to employees and employers.
(ii) Supply and recruitment of labor according to the employer’s request.
(iii) Collect and provide labor market information.
(iv) Labor market analysis and forecast.
(v) Skills training and vocational training according to the provisions of law.
(vi) Implement employment programs and projects.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
Related Articles
- Business households selling rooftop electricity (rooftop solar power) Is it necessary to register a business household?
- Information, advertising and promotion of businesses dealing in prize-winning electronic games are regulated How is it determined according to current law?
- Is it possible to simultaneously be a general partner of two partnerships?
- What is service provision? How are the conditions for providing consulting services regulated in commercial law?
- Procedures for terminating the operations of representative offices of foreign traders operating commercially in Vietnam
