What conditions must an employment service business have a legal representative to meet?

According to Clause 1, Article 39 of the 2013 Employment Law, an employment service enterprise is an enterprise established and operating in accordance with the law on enterprises and must have a license to operate employment services issued by the state management agency on employment at the provincial level.

Pursuant to Clause 3, Article 14 of Decree 23/2021/ND-CP, the legal representative of an employment service enterprise must meet the following conditions:

(1) Is an enterprise manager according to the provisions of the Enterprise Law.

(2) Does not fall into one of the following cases here:

– Being prosecuted for criminal liability, temporarily detained, serving a prison sentence.

– Serving administrative measures at a mandatory drug treatment facility, a mandatory education facility.

– Escaping from the place of residence.

– Having limited or lost civil act capacity, yes difficulty in cognition and behavior control.

– Prohibited by the Court from holding a position, practicing a profession or doing work related to employment services;

(3) 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 (24 months) or more within the 05 years immediately preceding the business. industry requests a license.

According to Article 14 of Decree 23/2021/ND-CP, to be granted a license to operate employment services, in addition to the legal representative conditions mentioned above, businesses must also meet the following conditions:

– Has a headquarters location or branch to organize employment service activities owned by the enterprise or leased by the enterprise on a stable basis under a contract of 03 years (36 months) or more.

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

Enterprises operating in translation services When will an employer’s operating license be revoked?

According to the provisions of Clause 1, Article 21 of Decree 23/2021/ND-CP, an enterprise operating employment services will have its operating license revoked when falling into one of the following cases:

– Termination of employment service operations at the request of the enterprise.

– The enterprise is dissolved or has a court decision declaring announced bankruptcy.

– Enterprise had its Business Registration Certificate revoked.

– Allowed other businesses, organizations, and individuals to use the license.

– Penalized for administrative violations in the field of employment service activities 03 times within a maximum period of 36 months from the date of first sanction or intentional failure to comply with the decision decided to impose a penalty.

– Enterprises have acts of forging documents in the application for granting, renewing, reissuing licenses or erasing or modifying the content of issued licenses.

– Failure to ensure one of the conditions specified in Article 14 of this Decree.

– The legal representative of the enterprise is a foreigner who is not eligible to work jobs in Vietnam according to the provisions of Article 151 of the 2019 Labor Code.

When their license is revoked, do enterprises operating employment services have to disclose this information?

Do enterprises operating employment services have to disclose information when their license is revoked, according to the provisions of Article 22 of the Decree 23/2021/ND-CP as follows:

Responsibilities of the enterprise in case of license revocation or failure to renew or reissue the license
Within 15 working days from the date of receiving the document from the competent state authority on non-renewal or failure to re-issue or revoke the license, the enterprise is responsible for implementing the following contents: following:
1. Liquidate ongoing employment service contracts; Carry out obligations and responsibilities in employment service activities for agencies, organizations and individuals according to the provisions of law.
2. Publicize the content of the termination of employment service activities on at least 01 electronic newspaper licensed to operate in accordance with the law for 07 consecutive days.
Thus, when the license is revoked, the employment service enterprise is responsible for publicizing the content of the termination of employment service operations on at least 01 electronic newspaper licensed to operate in accordance with the law for 07 consecutive days.

Note: The time limit for businesses to make this content public is within the period 15 working days, from the date of receipt of the document from the competent state authority revoking the enterprise’s license.