1. What is employment service?
Employment services include: consulting, job introduction; supply and recruit labor according to the employer’s requirements; Collect and provide information about the labor market (Clause 1, Article 36 of the Employment Law 2013)
Employment service organizations are organizations that have the function of consulting, introducing jobs and providing vocational training to workers; supply and recruit labor according to the employer’s requirements; Collect and provide information about the labor market and perform other tasks according to the provisions of law.
Employment service organizations include employment service centers and employment service enterprises. In there:
– Employment service center is established and operates according to Government regulations.
– Enterprises providing employment services are established and operating according to the provisions of the Enterprise Law and must have a license to operate employment services issued by the provincial state labor management agency.
Employment service businesses can carry out the following activities:
– Consulting for employees and employers. Specifically:
+ Vocational consulting for workers on career choice, training level, and place of study suitable to their abilities and aspirations;
+ Employment consulting for workers to choose jobs suitable to their abilities and aspirations; exam skills; create jobs, find jobs at home and abroad;
+ Consulting for employers on recruitment and labor management; human resource management and development, labor use and employment development.
– Introducing jobs to workers, supplying and recruiting workers according to the employer’s requirements. Specifically:
+ Introducing workers looking for jobs to employers looking to recruit workers;
+ Supplying labor according to the employer’s request;
+ Providing and introducing labor to units and businesses licensed to send Vietnamese workers to work abroad under labor contracts.
– Collect, analyze, forecast and provide labor market information.
– Organize training and coaching to improve job search capacity, skills training and vocational training according to the provisions of law.
– Implement employment programs and projects.
2. Conditions for granting a license to operate employment services
According to the provisions of Article 14 of Decree 23/2021/ND-CP, the conditions for granting a license to operate employment services include:
– Have 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 (36 months) or more.
– The enterprise has made a deposit of 300,000,000 VND (Three hundred million VND).
– 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 Enterprise Law;
+ Not falling into one of the following cases: being prosecuted for criminal liability, being detained, serving a prison sentence, or being subject to administrative measures at a compulsory drug detoxification facility, or a drug rehabilitation facility. Compulsory education, running away from place of residence, having limited or lost civil act capacity, having difficulty in cognition or controlling behavior, being banned by the Court from holding a position, practicing a profession or working as an employee. work related to employment services;
+ Have a university degree or higher or have directly worked as a professional or managed employment services or labor supply for 2 years (24 months)
3. Order and procedures for applying for a license to operate employment services
3.1. Profile components
– Enterprise’s written request for a license according to Form No. 02, Appendix II issued with Decree 23/2021/ND-CP.
– 01 certified copy of the original or copy, present the original for comparison of Certificate of ownership or location rental contract as prescribed in Clause 1, Article 14 of Decree 23/2021/ND-CP .
– Certificate of deposit for employment service activities according to Form No. 03, Appendix II issued with Decree 23/2021/ND-CP.
– Curriculum vitae of the legal representative of the enterprise according to Form No. 04, Appendix II issued with Decree 23/2021/ND-CP.
– Judicial record card No. 1 according to the law on judicial records of the legal representative of the enterprise. In case the representative is a foreigner who is not subject to being issued a criminal record card No. have their criminal record erased or are currently being prosecuted for criminal liability in a foreign country. These documents are issued no more than 6 months before the application submission date. Documents in foreign languages must be translated into Vietnamese, authenticated and consularly legalized according to the provisions of law.
– 01 certified copy of the original or photocopy, present the original for comparison of professional qualifications or one of the documents proving the time spent directly working as a professional or managing employment services or labor supply Actions of the legal representative of the enterprise are as follows:
+ Certified copy of the original or photocopy, present the original for comparison of the labor contract or working contract or decision on recruitment, appointment, assignment of tasks of the legal representative of the enterprise Karma;
+ A certified copy of the original or photocopy, present the original for comparison of the appointment decision (for those working under the appointment regime) or the document certifying the election results (for those working under the appointment regime). according to the election regime) of the legal representative of the enterprise or a copy of the business registration certificate (in case of legal representative of an enterprise providing employment services).
If these documents are foreign documents, they must be translated into Vietnamese, authenticated and consularly legalized according to the law.
3.2. Place to submit application
The Provincial People’s Committee or the Department of Labor, War Invalids and Social Affairs is authorized by the Provincial People’s Committee where the enterprise is headquartered.
3.3. Resolution deadline
Within 07 working days from the date of receiving the required documents according to regulations, the competent state agency will consider and grant a license to the enterprise;
In case the license is not granted, there will be a written response to the enterprise clearly stating the reason.
