Decree No. 23/2021/NĐ-CP detailing Clause 3 of Article 37 and Article 39 of the Labor Law on employment service centers and enterprises engaged in employment services.

DECREE

Providing detailed regulations for Clause 3 Article 37 and Article 39 of the Labor Law on

labor service centers, enterprises engaged in labor service activities

Căn cứ Luật T118/2025/NĐ-CP dated June 09, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal;pursuant to the Government's Resolution dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;

Pursuant to the Labor Law dated November 16, 2013;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree providing detailed regulations for Clause 3 Article 37 and Article 39 of the Labor Law on labor service centers, enterprises engaged in labor service activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations for Clause 3 Article 37 and Article 39 of the Labor Law on labor service centers, enterprises engaged in labor service activities, including:

1. Conditions, procedures, formalities, authority for establishment, restructuring, dissolution, and organization and operation of labor service centers.

2. Conditions, procedures, formalities for issuing, extending, reissuing, and revoking licenses for labor service activities, and operation of enterprises engaged in labor service activities.

Article 2. Applicability

1. Labor service centers as prescribed in Clause 1 and 2 Article 37 of the Labor Law, including:

a) Labor service centers established by the Minister, Head of a ministerial-level agency;

b) Labor service centers established by the Chairman of the People's Committee of a province or centrally governed city;

c) Labor service centers established by the head of a central-level political-social organization.

2. Enterprises engaged in labor service activities as prescribed in Clause 1 Article 39 of the Labor Law.

3. Other agencies, organizations, and individuals directly related to the implementation of the provisions of this Decree.

Chapter II

CONDITIONS FOR THE ESTABLISHMENT, ORGANIZATION AND OPERATION OF LABOR SERVICE CENTERS

Article 3. Conditions for establishment, restructuring and dissolution

1. Conditions for establishment

a) Having objectives, functions, and tasks to provide public services regarding employment;

b) Being consistent with the network planning of labor service centers approved by the competent authority;

c) Having an office or a land allocation project for building an office approved by the competent authority (in case of new construction);

d) Having equipment to perform tasks as stipulated in Article 7 of this Decree in accordance with the standards and quotas for specialized machinery and equipment issued by the competent authority;

đ) Having at least 15 employees who are civil servants;

e) The competent authority establishing the center ensuring funding for public service activities regarding employment in accordance with the law.

2. Conditions for restructuring and dissolution The conditions for restructuring and dissolution of labor service centers shall be implemented in accordance with the Government's regulations on the establishment, restructuring, and dissolution of public service units.

3. New labor service centers that are established or restructured must implement plans for office premises, equipment, and personnel within 90 days from the date of the Establishment Decision. In cases where it is necessary to establish new labor service centers, such centers must self-fund all recurrent and capital expenditures.

Article 4. Procedures and formalities for establishment, restructuring and dissolution

The procedures, formalities, and documents for the establishment, restructuring, and dissolution of labor service centers shall be carried out in accordance with the Government's regulations on the establishment, restructuring, and dissolution of public service units.

Article 5. Notification on establishment, restructuring, dissolution, and operation of employment service centers

1. Within fifteen working days from the date of issuance of the Decision on establishment, restructuring, or dissolution of employment service centers, the issuing authority shall be responsible for sending one copy to the Ministry of Labor, Invalids, and Social Affairs for monitoring and management. For employment service centers specified in points a and c, Clause 1, Article 2 of this Decree, the issuing authority shall also send an additional copy of the Decision to the People's Committee of the province or centrally governed city (hereinafter referred to as provincial level) where the employment service center is located.

2. Ten working days prior to the commencement of operations, the employment service center shall be responsible for notifying in writing the Department of Labor, Invalids, and Social Affairs where the employment service center is located and publicly announcing via mass media the Decision on establishment, restructuring, office location, phone number, and website of the employment service center.

Article 6. Name of Employment Service Centers

1. Employment service centers are public service units with legal personality, seals, and separate bank accounts.

2. Employment service centers have names in Vietnamese and foreign languages, and unique symbols (if any). The name and symbol of employment service centers must meet the following conditions:

a) The name of the employment service center includes "Employment Service Center" followed by the name of the locality or another name proposed by the authority deciding on establishment;

b) Not violating historical traditions, culture, ethics, and customs of the nation;

c) Not overlapping or causing confusion with the names or symbols of other units established earlier.

Article 7. Tasks of Employment Service Centers

1. Advisory activities, including:

a) Providing advice and guidance on vocational careers, national skill levels framework for workers to choose industries, training plans, and development programs suitable to their abilities and aspirations;

b) Advising workers on job placement to select positions that match their abilities and aspirations; advising on interview skills, self-employment, and job search both domestically and internationally;

c) Advising employers on recruitment, utilization, and management of labor; on management and development of jobs, and human resource development;

d) Advising on labor policies and employment for workers and employers.

2. Introducing jobs to workers.

3. Supplying and recruiting labor according to the requirements of employers, including:

a) Recruiting labor through competitive examinations to select individuals meeting the conditions and requirements of employers;

b) Supplying labor according to the requirements of employers;

c) Recommending labor to enterprises licensed to send Vietnamese workers abroad under contracts, organizations or individuals investing abroad, or public service units under ministries, ministerial-level agencies, or government agencies assigned tasks to send Vietnamese workers abroad under contracts in accordance with the Law on Vietnamese Workers Going Abroad Under Contracts.

4. Collecting and providing labor market information.

5. Analyzing and forecasting the labor market.

6. Implementing unemployment insurance policies as stipulated by the Labor Law.

7. Training interview skills, job search techniques, and other work-related skills; vocational education in accordance with the law.

8. Implementing employment programs and projects.

Article 8. Organizational Structure

1. The leadership of the employment service center includes the Director and Deputy Directors. The number of Deputy Directors shall be implemented in accordance with the Government's regulations on establishment, restructuring, and dissolution of public service units.

2. Based on the volume of work, nature, and specific characteristics of activities, the authorized person decides to establish, reorganize, or dissolve the employment service center, thereby defining the functions, tasks, authorities, and organizational structure of the Employment Service Center. The establishment of departments and other organizations that are not public service units (hereinafter referred to as departments) within the Employment Service Center shall be carried out in accordance with the Government's regulations on establishment, restructuring, and dissolution of public service units.

3. The Employment Service Center operates under the self-management mechanism of public service units as prescribed by law.

Article 9. Number of Staff

The number of staff at the employment service center is determined based on job positions, workload for each position, and economic-technical norms according to the functions and tasks stipulated in Article 7 of this Decree. The Minister of Labor, War Invalids, and Social Affairs shall provide guidance on leadership and management job positions, specialized vocational titles, and the structure of civil servants by vocational title and staffing norms in the employment service center after obtaining the opinion of the Minister of Home Affairs.

Article 10. Sources of Funding

1. State budget funds in accordance with the Government's regulations on the financial autonomy mechanism of public service units.

2. Management fees from the Unemployment Insurance Fund for employment service centers performing the tasks specified in Clause 6, Article 7 of this Decree.

3. Revenue from service activities of the employment service center in accordance with the provisions of the law.

4. Other lawful sources of revenue.

Article 11. Operating Regulations of the Employment Service Center

1. The operating regulations of the employment service center must include the following main contents:

a) Name, headquarters address, telephone number, website;

b) Objectives and tasks of the center;

c) Tasks and responsibilities of the leadership and departments within the center;

d) Responsibility for building and managing labor and job databases;

đ) Procedures for providing employment services;

e) Financial and asset management mechanisms;

g) Coordination work mechanisms;

h) Administrative regulations and related issues suitable to the characteristics of the center.

2. The employment service center establishes its operating regulations in accordance with Clause 1 of this Article and submits them to the head of the directly managing agency for approval and issuance.

3. The operating regulations of the employment service center shall be publicly posted at the center's headquarters.

4. The Director of the employment service center is responsible for organizing and implementing the operating regulations of the center.

Article 12. Management of Employment Services at the Employment Service Center

1. The employment service center receives and prepares files for agencies, organizations, and individuals registering for employment services according to Forms No. 01, 01a, 02, 03, 03a attached as Appendix I to this Decree.

2. The employment service center monitors the employment status of workers introduced or supplied for a minimum of three months or during the period of implementation of the labor contract for cases where the labor contract is less than three months according to Form No. 04 attached as Appendix I to this Decree.

3. Implement information technology applications in organizing the provision of services and managing employment service activities at the employment service center in compliance with legal regulations and guidelines of the Ministry of Labor, War Invalids, and Social Affairs.

Article 13. Responsibilities of Employment Service Centers

1. Provide counseling and job introduction services to workers and provide free labor market information.

2. Ensure the quality of public service activities related to employment according to criteria and standards prescribed by competent state agencies.

3. Organize job transaction activities, build job seeker and vacant job data to connect supply and demand for labor.

4. Comply with legal regulations on the organization and operation of employment service centers.

5. Report periodically every six months and annually on the situation of employment service activities according to Model No. 05 Appendix I issued together with this Decree to the directly managing agency and the Department of Labor, Invalids and Social Affairs where the center's headquarters is located. The six-month report must be submitted before June 20th and the annual report must be submitted before December 20th.

Chapter III

CONDITIONS FOR GRANTING, EXTENDING, REISSUING, REVOKING LICENSES AND OPERATIONS OF BUSINESSES ENGAGED IN EMPLOYMENT SERVICES

Section 1

CONDITIONS, COMPETENT AUTHORITIES, PROCEDURES AND FORMALITIES FOR GRANTING, EXTENDING, REISSUING, AND REVOKING LICENSES FOR EMPLOYMENT SERVICE OPERATIONS

Article 14. Conditions for Granting Licenses

1. Have a headquarters and branch location for organizing employment service activities owned by the business or leased by the business under a contract of at least three years (36 months).

2. The business has deposited a guarantee of 300,000,000 VND (Three hundred million VND).

3. The legal representative of the business engaged in employment service activities must meet the following conditions:

a) Be a manager of the business as stipulated by the Enterprise Law;

b) Not fall into any of the following situations: being pursued for criminal responsibility, detained, serving a prison sentence, undergoing administrative measures at compulsory drug rehabilitation facilities or compulsory education facilities, fleeing from residence, having restricted or lost civil capacity, having difficulty in recognizing or controlling behavior, being prohibited by the court from assuming positions, practicing professions, or engaging in employment service-related work;

c) Have a university degree or higher, or have at least two years (24 months) of direct experience in specialized work or management of employment services or labor supply within the five consecutive years prior to applying for a license.

Article 15. Competent Authorities for Granting, Extending, Reissuing, and Revoking Licenses

The provincial People's Committee or the Department of Labor, Invalids and Social Affairs authorized by the provincial People's Committee where the business's main office is located (hereinafter referred to as the competent state authority) shall grant, extend, reissue, and revoke licenses for businesses.

Article 16. License for Employment Service Operations

1. Content of the license for employment service operations according to Model No. 01 Appendix II issued together with this Decree.

2. The validity period of the license is defined as follows:

a) The maximum validity period of the license is 60 months;

b) The license can be extended multiple times, with each extension not exceeding 60 months;

c) The validity period of a renewed license equals the remaining validity period of the previously issued license.

Article 17. Documents for Applying for a License

1. A business application for a license according to Model No. 02 Appendix II issued together with this Decree.

2. One certified copy from the original or an original copy presented for verification of the Certificate of Ownership or lease agreement for the location as stipulated in Clause 1 of Article 14 of this Decree.

3. Certificate of deposit for the employment service activity guarantee according to Model No. 03 Appendix II issued together with this Decree.

4. Self-declaration resume of the business's legal representative according to Model No. 04 Appendix II issued together with this Decree.

5. Criminal record certificate number 1 according to the law on criminal records of the business's legal representative. In cases where the legal representative is a foreigner not eligible for criminal record certificate number 1, it may be replaced by a criminal record certificate or a document confirming that they are not currently serving a sentence or have not been pardoned or are not currently being pursued for criminal responsibility abroad. The documents specified in this clause must be issued no more than six months before submitting the application. Foreign language documents must be translated into Vietnamese, certified, and legalized according to the law.

6. One certified copy from the original or an original copy presented for verification of the professional qualification certificate of the business's legal representative according to Point c Clause 3 of Article 14 or one of the documents proving the time spent in specialized work or management of employment services or labor supply of the business's legal representative as follows:

a) A certified copy from the original or an original copy presented for verification of the labor contract or employment contract or recruitment decision, appointment decision, or assignment decision of the business's legal representative;

b) A certified copy from the original or an original copy presented for verification of the appointment decision (for those appointed) or the recognition document of the election result (for those elected) of the business's legal representative or a copy of the business registration certificate (in cases where the legal representative is the legal representative of an employment service business). Documents specified in Points a and b of this clause issued by foreign entities must be translated into Vietnamese, certified, and legalized according to the law.

Article 18. Procedures for Issuing Licenses

1. The enterprise shall submit one set of documents in accordance with Article 17 of this Decree to the Department of Labor, Invalids and Social Affairs at the location where the enterprise's main office is situated to request issuance of a license.

2. After checking that all required documents as stipulated in Article 17 of this Decree are complete, the Department of Labor, Invalids and Social Affairs shall issue a receipt noting the date, month, and year of receipt of the application for a license.

3. Within seven working days from the date of receiving the complete application, the competent state agency shall examine and issue a license to the enterprise; if the license is not issued, the agency shall provide a written response to the enterprise stating the reasons.

Article 19. Extension of Licenses

1. An enterprise seeking an extension of its license must ensure compliance with the following requirements:

a) Meeting the conditions specified in Article 14 of this Decree;

b) Not being subject to revocation of the license as provided for in Article 21 of this Decree;

c) Fully complying with the reporting regulations prescribed in this Decree;

d) Submitting the application for license extension to the Department of Labor, Invalids and Social Affairs at least twenty working days before the expiration date of the current license.

2. Documents for requesting an extension of the license include:

a) A letter requesting an extension of the license of the enterprise according to Model No. 02 attached as Appendix II to this Decree;

b) The document specified in Clause 2 of Article 17 of this Decree;

c) The documents specified in Clauses 4, 5, and 6 of Article 17 of this Decree in cases where the enterprise requests an extension of the license while simultaneously changing the legal representative of the enterprise.

3. Procedures and Formalities for Extending Licenses

a) The enterprise shall submit one set of documents in accordance with Clause 2 of this Article to the Department of Labor, Invalids and Social Affairs at the location where the enterprise's main office is situated to request an extension of the license;

b) After checking that all required documents as stipulated in Clause 2 of this Article are complete, the Department of Labor, Invalids and Social Affairs shall issue a receipt noting the date, month, and year of receipt of the application for an extension of the license;

c) Within five working days from the date of receiving the complete application, the competent state agency shall examine and extend the license for the enterprise; if the license is not extended, the agency shall provide a written response to the enterprise stating the reasons.

Article 20. Reissuance of Licenses

1. An enterprise may request reissuance of a license in the following cases:

a) Changing one of the contents of the previously issued license, including: the name of the enterprise; the address of the main office but still within the province where the license was originally issued; the legal representative of the enterprise;

b) Loss of the license;

c) Damage to the license such that it no longer contains full information;

d) Changing the address of the main office to another province different from the original issuing province.

2. Documents for requesting reissuance of the license are as follows:

a) A letter requesting reissuance of the license according to Model No. 02 attached as Appendix II to this Decree;

b) The document specified in Clause 2 of Article 17 of this Decree in cases where the address of the main office is changed but still within the province where the license was originally issued;

c) The documents specified in Clauses 4, 5, and 6 of Article 17 of this Decree in cases where the legal representative of the enterprise is changed;

d) The previously issued license for cases specified in point a and point c of Clause 1 of this Article.

3. Procedures and formalities for reissuing the license in cases specified in point a, b, and c of Clause 1 of this Article are as follows:

a) The enterprise shall submit one set of documents in accordance with Clause 2 of this Article to the Department of Labor, Invalids and Social Affairs at the location where the enterprise's main office is situated to request reissuance of the license;

b) After checking that all required documents as stipulated in Clause 2 of this Article are complete, the Department of Labor, Invalids and Social Affairs shall issue a receipt noting the date, month, and year of receipt of the application for reissuance of the license;

c) Within five working days from the date of receiving the complete application, the competent state agency shall examine and reissue the license for the enterprise; if the license is not reissued, the agency shall provide a written response to the enterprise stating the reasons.

4. Procedures and formalities for reissuing the license in cases specified in point d of Clause 1 of this Article are as follows:

a) Documents for requesting reissuance of the license include: a letter requesting reissuance of the license according to Model No. 02 of Appendix II attached to this Decree; the document specified in Clause 2 of Article 17 of this Decree; the previously issued license at the location of the enterprise's main office before the change;

b) The enterprise shall submit one set of documents in accordance with point a of this clause to the Department of Labor, Invalids and Social Affairs at the new location of the enterprise's main office to request reissuance of the license;

c) After checking that all required documents as stipulated in point a of this clause are complete, the Department of Labor, Invalids and Social Affairs shall issue a receipt noting the date, month, and year of receipt of the application for reissuance of the license;

d) Within two working days from the date of receiving the complete application, the Department of Labor, Invalids and Social Affairs at the new location of the enterprise's main office shall issue a letter requesting the Department of Labor, Invalids and Social Affairs at the original location of the enterprise's main office to provide a copy of the application for issuance of the license and confirm that the enterprise does not meet the conditions for revocation of the license;

đ) Within three working days from the date of receiving the letter from the Department of Labor, Invalids and Social Affairs at the new location of the enterprise's main office, the Department of Labor, Invalids and Social Affairs at the original location of the enterprise's main office shall provide comments on the operation of the enterprise during its time operating in the area and send a copy of the application for issuance of the license of the enterprise to the Department of Labor, Invalids and Social Affairs at the new location of the enterprise's main office. If the enterprise is revoked its license under Clause 1 of Article 21 of this Decree, the competent state agency shall issue a decision to revoke the license and notify the Department of Labor, Invalids and Social Affairs at the new location of the enterprise's main office;

e) Within three working days from the date of receiving the letter from the Department of Labor, Invalids and Social Affairs at the original location of the enterprise's main office, the competent state agency shall examine and reissue the license for the enterprise; if the license is not reissued, the agency shall provide a written response stating the reasons.

Article 21. Revocation of License

1. A business shall have its license revoked in the following cases:

a) Ceasing to operate labor services at the request of the business;

b) The business being dissolved or declared bankrupt by the Court;

c) The business having its Enterprise Registration Certificate revoked;

d) Allowing another business, organization, or individual to use the license;

đ) Being administratively penalized three times or more within a maximum period of thirty-six months from the date of the first penalty or intentionally failing to comply with the administrative penalty decision;

e) The business falsifying documents in the application for issuance, extension, or reissuance of the license or erasing or altering the content of the issued license;

g) Failing to meet one of the conditions stipulated in Article 14 of this Decree;

h) The法定代表人是外国人且不符合在越南工作的条件，根据2019年《劳动法》第151条的规定。

2. The application dossier for revoking the license in the cases specified in points a, b, and c of Clause 1 of this Article includes:

a) A request for revocation of the license according to Model No. 05 of Appendix II promulgated together with this Decree;

b) The issued license or a legal responsibility commitment letter from the business operating labor services in case the license is lost;

c) A report on the operation of labor services of the business according to Model No. 08 of Appendix II promulgated together with this Decree.

3. The procedure and formalities for revoking the license in the cases specified in points a, b, and c of Clause 1 of this Article are as follows:

a) The business submits one set of the dossier as prescribed in Clause 2 of this Article to the Department of Labor, Invalids and Social Affairs where the business's headquarters is located;

b) The Department of Labor, Invalids and Social Affairs receives the dossier, examines it, and issues a receipt clearly stating the date of full dossier receipt. Within three working days from the date of receiving the complete dossier, the competent state authority decides to revoke the business's license. The revocation decision is made according to Model No. 06 of Appendix II promulgated together with this Decree.

4. The procedure and formalities for revoking the license in the cases specified in points d, đ, e, g, and point h of Clause 1 of this Article are as follows:

a) Upon discovering or upon the request of the inspection, audit, or review by the competent state authority regarding businesses falling under the cases specified in points d, đ, e, g of Clause 1 of this Article, the Department of Labor, Invalids and Social Affairs where the business's headquarters is located conducts inspections, collects relevant evidence, or studies the dossier transferred by the competent authority and reports to the competent state authority to revoke the license;

b) Within three working days from the date of receiving the revocation decision, the business operating labor services is responsible for returning the license to the Department of Labor, Invalids and Social Affairs.

5. The business shall not be granted a license for a period of three years from the date of license revocation due to violations of the contents stipulated in points d, đ, e, g, and h of Clause 1 of this Article.

Article 22. Responsibilities of enterprises in cases where licenses are revoked or not renewed or reissued

Within fifteen working days from the date of receipt of the document from the competent state agency regarding non-renewal, non-reissuance, or revocation of the license, the enterprise shall be responsible for implementing the following contents:

1. Liquidate contracts on labor service provision that are currently being implemented; fulfill obligations and responsibilities in labor service activities towards agencies, organizations, and individuals in accordance with the provisions of the law.

2. Publicize the content of the cessation of labor service activities on at least one licensed online newspaper in accordance with the provisions of the law for seven consecutive days.

Section 2

ENTERPRISE BAIL OF LABOR SERVICE PROVIDERS

Article 23. Bail and use of bail money

1. Enterprises shall implement bail according to the level specified in Clause 2 of Article 14 of this Decree at a commercial bank in Vietnam or a branch of a foreign bank established and legally operating in Vietnam (hereinafter referred to as the receiving bank).

2. The bail money of enterprises shall be used in cases where enterprises fail to perform or perform incompletely their obligations in labor service activities as required by the competent state agency.

3. Within thirty days from the date of withdrawing the bail money for payment in the case stipulated in Point d, Clause 1, Article 26 of this Decree, the enterprise must replenish the bail money guarantee in accordance with the provisions of Clause 2 of Article 14 of this Decree.

4. Within no more than thirty days from the expiration date specified in Clause 3 of this Article, if the enterprise fails to replenish the full amount of the bail money, the receiving bank shall have the responsibility to notify in writing the Department of Labor, Invalids, and Social Affairs where the enterprise's main office is located. Within fifteen days from the date of receipt of the notification from the receiving bank, the Department of Labor, Invalids, and Social Affairs shall submit to the competent state agency to revoke the enterprise's license in accordance with the provisions of Point g, Clause 1, Article 21 of this Decree.

Article 24. Deposit of bail money

1. Enterprises engaged in labor service provision shall deposit bail money in accordance with the regulations of the receiving bank and comply with the provisions of the law. Enterprises shall enjoy interest on the bail money in accordance with the agreement with the receiving bank and in compliance with the provisions of the law.

2. The receiving bank shall have the responsibility to issue a certificate of labor service provision bail money in Form No. 03 Appendix II promulgated together with this Decree after the enterprise completes the bail procedures. In the event of a change in any of the information on the certificate of labor service provision bail money, including: enterprise name, main office address, the enterprise shall send the information to the receiving bank.

Article 25. Management of bail money

1. The receiving bank shall have the responsibility to temporarily lock up the entire amount of the enterprise's bail money, manage the bail money in accordance with the provisions of this Decree and the provisions of the law on bail.

2. The receiving bank shall allow the enterprise to withdraw the bail money in accordance with the provisions of Article 26 of this Decree and require the enterprise to replenish the bail money in accordance with the provisions of Clause 3 of Article 23 of this Decree.

3. The receiving bank shall not allow the enterprise to withdraw the bail money without the written approval of the competent state agency issuing, renewing, reissuing, or revoking the license where the enterprise's main office is located.

Article 26. Withdrawal of Deposit Money

1. The competent state agency that issues, extends, reissues, or revokes the business license at the place where the enterprise's main office is located shall decide to allow the enterprise to withdraw deposit money in the following cases:

a) The enterprise does not obtain a business license;

b) The enterprise has its business license revoked or does not obtain an extension or reissue of the business license;

c) The enterprise has deposited money with another accepting bank;

d) The enterprise encounters difficulties and lacks the ability to compensate workers and employers for violations of labor service regulations within 60 days from the date of the compensation deadline as stipulated by law.

2. The application dossier for withdrawing deposit money sent to the Department of Labor, Invalids, and Social Affairs includes:

a) The enterprise's request letter for withdrawing deposit money;

b) A certificate of deposit money for labor service activities at another accepting bank for the case of withdrawing deposit money as specified in point c, Clause 1 of this Article;

c) A report on fulfilling obligations and a document proving the fulfillment of obligations for the case of withdrawing deposit money as specified in point b, Clause 1 of this Article;

d) A plan for using the withdrawn deposit money including reasons, purpose of withdrawing deposit money; list of workers, employers, amount, time, payment method for the case of withdrawing deposit money as specified in point d, Clause 1 of this Article.

3. The withdrawal dossier sent to the accepting bank includes:

a) The enterprise's request letter for withdrawing deposit money as specified in point a, Clause 2 of this Article;

b) The competent state agency's approval letter regarding the withdrawal of deposit money according to Model No. 07 in Appendix II issued together with this Decree;

c) Withdrawal documents according to the accepting bank's regulations (if applicable).

4. The procedure and formalities for withdrawing deposit money are as follows:

a) The enterprise sends one set of the dossier as specified in Clause 2 of this Article to the Department of Labor, Invalids, and Social Affairs at the location of the enterprise's main office;

b) The Department of Labor, Invalids, and Social Affairs receives the dossier, checks it, and issues a receipt clearly stating the date, month, and year when the complete dossier was received. Within seven working days from the date of receiving the enterprise's application dossier for withdrawing deposit money, the Department of Labor, Invalids, and Social Affairs checks and verifies the dossier, the completion of the enterprise's obligations in labor service activities as specified in point b, Clause 1 of this Article, and submits to the competent state agency for issuance of an approval letter regarding the withdrawal of deposit money, the plan for using deposit money (if applicable), and sends it to the enterprise and the accepting bank. If the withdrawal of deposit money is not approved, a reply letter will be sent to the enterprise specifying the reasons;

c) After receiving the approval letter from the competent state agency regarding the withdrawal of deposit money, the enterprise submits the dossier as specified in Clause 3 of this Article to the accepting bank;

d) The accepting bank receives and checks the enterprise's withdrawal dossier. If it complies with the regulations, the accepting bank allows the enterprise to withdraw deposit money within one working day from the date of receiving the withdrawal dossier. In the case of withdrawing deposit money as specified in point d, Clause 1 of this Article, the payment and compensation to workers and employers will be directly paid by the accepting bank according to the plan approved by the competent state agency after deducting banking service fees.

Article 27. Responsibilities of the receiving bank for escrow accounts

1. Implement correctly the regulations on opening escrow accounts, depositing escrow funds, withdrawing escrow funds, and using escrow accounts of enterprises operating employment services, and related regulations concerning these accounts.

2. Fulfill fully the responsibilities of the receiving bank for escrow accounts as prescribed in this Decree.

Section 3

ORGANIZATION AND OPERATIONS OF ENTERPRISES OPERATING EMPLOYMENT SERVICES

Article 28. Activities of employment services of enterprises

1. Advisory activities, including:

a) Providing advice and guidance on vocational careers, national skill levels framework for workers to choose industries, training plans, and development programs suitable to their abilities and aspirations;

b) Advising workers on job placement to select positions that match their abilities and aspirations; advising on interview skills, self-employment, and job search both domestically and internationally;

c) Advising employers on recruitment, utilization, and management of labor; on management and development of jobs, and human resource development;

d) Advising on labor policies and employment for workers and employers.

2. Introducing jobs to workers.

3. Supplying and recruiting labor according to the requirements of employers, including:

a) Recruiting labor through competitive examinations to select individuals meeting the conditions and requirements of employers;

b) Supplying labor according to the requirements of employers;

c) Recommending labor to enterprises licensed to send Vietnamese workers abroad under contracts, organizations or individuals investing abroad, or public service units under ministries, ministerial-level agencies, or government agencies assigned tasks to send Vietnamese workers abroad under contracts in accordance with the Law on Vietnamese Workers Going Abroad Under Contracts.

4. Collecting and providing labor market information.

5. Analyzing and forecasting the labor market.

6. Training interview skills, job search skills, and other work-related skills; vocational education in accordance with the provisions of the law.

7. Implement programs and projects on employment.

Article 29. Branches of enterprises operating employment services

1. Enterprises have the right to establish branches operating employment services within the country in accordance with the Enterprise Law and meet the conditions stipulated in Clause 1, Article 14 of this Decree.

2. Within ten working days from the date of the decision assigning tasks to the branch, the enterprise must notify the Department of Labor, Invalids, and Social Affairs where the enterprise's headquarters is located and the Department of Labor, Invalids, and Social Affairs where the branch's headquarters is located (in cases where the branch location is different from the province where the enterprise has been granted permission), accompanied by documents proving the conditions stipulated in Clause 1, Article 14 of this Decree.

3. Obligations of branches operating employment services

a) Publicly display the enterprise's decision assigning tasks to the branch operating employment services and a certified copy of the original business operation permit at the branch's headquarters;

b) Report to the Department of Labor, Invalids, and Social Affairs where the branch's headquarters is located every six months, annually, or urgently about the results of the branch's employment service activities according to Model No. 08 in Appendix II issued together with this Decree.

4. The duration of the branch's employment service operations shall not exceed the validity period of the enterprise's business operation permit.

Article 30. Notification of Employment Service Operations

1. Within twenty working days from the date of issuance of the permit, the enterprise must publicly announce via mass media the permit, location, scope of operations, name of the legal representative conducting employment service activities, telephone number, email, and website.

2. Ten working days before the start of employment service operations, the enterprise is responsible for notifying in writing the Department of Labor, Invalids, and Social Affairs where the enterprise's headquarters is located about the start date of operations.

3. In cases of relocating the branch's headquarters, the enterprise must send a written notice to the Department of Labor, Invalids, and Social Affairs where the enterprise's headquarters and branch are located, along with documents proving the conditions stipulated in Clause 1, Article 14 of this Decree, within ten working days before the relocation date.

Article 31. Responsibilities of enterprises operating employment services

1. Publicly display a certified copy of the original permit and the decision revoking the permit at the enterprise's main office.

2. Monitor the employment status of workers introduced or supplied by the enterprise for a minimum of three months or during the term of the labor contract (for cases where the labor contract is less than three months).

3. Establish, update, and manage data on workers registering for counseling and job introduction; employers registering for recruitment and implement connections and sharing when requested by competent state authorities.

4. If the enterprise implements part or all of the employment service supply process through electronic means connected to the Internet, mobile telecommunications networks, or other open networks, it must comply with the provisions of this Decree and the Government's regulations on electronic commerce.

5. Develop and publicly display the price of employment service supply for workers at the enterprise's headquarters in accordance with the law.

6. Report on the situation of employment service operations every six months and annually according to Model No. 08 in Appendix II issued together with this Decree to the Department of Labor, Invalids, and Social Affairs where the enterprise's headquarters is located. Six-month reports should be submitted before June 20th, and annual reports should be submitted before December 20th.

7. Promptly report incidents related to employment service operations to the competent state authority at the local level or upon request of the state management agency for employment service operations.

8. Fully fulfill the responsibilities of enterprises operating employment services as prescribed in this Decree.

Chapter IV

AUTHORITY AND RESPONSIBILITY

Article 32. Authority and responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. The Ministry of Labor, Invalids and Social Affairs shall be responsible for assisting the Government in exercising unified state management over employment service activities throughout the country.

2. Propaganda, dissemination, guidance, inspection, and supervision of the implementation of laws on employment service activities.

3. Guidance on economic and technical norms; procedures, standards for providing public services related to employment, and other provisions set forth in this Decree.

4. Guidance and organization of employment service tasks; connecting, regulating the labor market information system and forecasting the labor market within regions at centers located in localities that are the centers of socio-economic regions.

5. Decision-making on the establishment of the National Employment Service Center to support state management agencies in performing employment service tasks, labor market information, unemployment insurance, and some other public services; coordinating and connecting the activities of employment service centers nationwide.

Article 33. Authority and responsibilities of ministries and heads of equivalent agencies

1. The Minister, Head of an equivalent agency decides on the establishment, restructuring, dissolution, and defines the functions, tasks, powers, and organizational structure of employment service centers as stipulated in point a, Clause 1, Article 2 of this Decree.

2. Review, arrange, and improve employment service centers under their authority to ensure operational standards and conditions as prescribed in this Decree.

3. Inspect and audit the operations of employment service centers under their management in accordance with the law.

4. Monitor, compile, and report semi-annually and annually on the operation status of centers established, restructured under their authority according to Model No. 09 Appendix II issued together with this Decree. Semi-annual reports are sent before June 20th, and annual reports are sent before December 20th of the reporting year. The data closing time for the report is regulated by the Government's regulations on the reporting system of administrative agencies.

Article 34. Authority and responsibilities of central-level political-social organizations

1. The head of central-level political-social organizations decides on the establishment, restructuring, dissolution, and defines the functions, tasks, powers, and organizational structure of employment service centers as stipulated in point c, Clause 1, Article 2 of this Decree.

2. Review, arrange, and improve employment service centers under their authority to ensure operational standards and conditions as prescribed in this Decree.

3. Inspect the operations of employment service centers under their management in accordance with the law.

4. Monitor, compile, and report semi-annually and annually on the operation status of centers established, restructured under their authority according to Model No. 09 Appendix II issued together with this Decree. Semi-annual reports are sent before June 20th, and annual reports are sent before December 20th of the reporting year. The data closing time for the report is regulated by the Government's regulations on the reporting system of administrative agencies.

Article 35. Authority and responsibilities of Provincial People's Committees

1. Implement state management over employment service activities in the locality.

2. The Chairman of the Provincial People's Committee decides on the establishment, restructuring, dissolution; defines the functions, tasks, powers, and organizational structure of employment service centers as stipulated in point b, Clause 1, Article 2 of this Decree.

3. Review, arrange, and improve employment service centers on the territory to ensure standards and conditions as prescribed in Article 3 of this Decree and maintain employment service centers established by state management agencies on employment to implement employment policies, develop the labor market, and unemployment insurance.

4. Allocate budget funds from the state budget for employment service centers under their management in accordance with the Government's regulations on the financial autonomy mechanism of public institutions.

5. Decide on assigning, adjusting the number of employees receiving salaries from the state budget for centers self-financing part of regular expenses and centers fully financed by the state budget within the approved total number of employees by the Provincial People's Council and the number of employees receiving salaries from public revenue sources for centers self-financing part of regular expenses.

6. Organize the issuance, extension, reissuance, or revocation of business licenses for employment services or delegate the Department of Labor, Invalids and Social Affairs to issue, extend, reissue, or revoke business licenses for employment services of enterprises.

7. Propaganda, dissemination, guidance, inspection, supervision, and monitoring of the implementation of laws on employment service activities in the managed area.

8. Announce enterprises granted, extended, reissued, or revoked business licenses for employment services on the electronic information website.

9. Monitor, compile, and report semi-annually and annually on the operation status of employment services in the managed area according to Model No. 09 Appendix II issued together with this Decree. Semi-annual reports are sent before June 20th, and annual reports are sent before December 20th of the reporting year. The data closing time for the report is regulated by the Government's regulations on the reporting system of administrative agencies.

Chapter V

IMPLEMENTING PROVISIONS

Article 36. Transitional Provisions

1. Enterprises that have been granted, reissued, or extended licenses before the effective date of this Decree shall operate as follows:

a) Continue to perform employment service activities until the license expires and will not have their licenses revoked due to non-compliance with conditions stipulated in Clause 3, Article 14 of this Decree;

b) If they fall into one of the cases for license revocation as stipulated in points a, b, c, d, đ, e, h, Clause 1, Article 21 of this Decree or fail to meet one of the conditions stipulated in Clauses 1 and 2, Article 14 of this Decree, then the Department of Labor, Invalids and Social Affairs where the enterprise's headquarters is located shall carry out the revocation in accordance with Article 21 of this Decree.

2. An enterprise that has submitted complete files for issuing, reissuing, or extending the business operation permit for labor services and ensures the conditions for issuing such permits as prescribed in Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government on conditions and procedures for issuing business operation permits for enterprises providing labor services (hereinafter referred to as Decree No. 52/2014/ND-CP); and Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government amending and supplementing related decrees concerning investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as Decree No. 140/2018/ND-CP), before this Decree takes effect, shall be issued, reissued, or extended according to the provisions of Decree No. 52/2014/ND-CP and Decree No. 140/2018/ND-CP.

3. A labor service center established and operating in accordance with Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government on the establishment and operation of labor service centers shall continue to operate. In cases where a labor service center does not meet the conditions stipulated in Clause 1, Article 3 of this Decree, it must supplement all necessary conditions within twelve months; if it fails to do so, it must cease its labor service operations.

Article 37. Effective Date

1. This Decree takes effect from June 1, 2021.

2. Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government on the establishment and operation of labor service centers; Decree No. 52/2014/ND-CP; Articles 10 and 12 of Decree No. 140/2018/ND-CP shall cease to be effective from the date this Decree takes effect.

Article 38. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Leaders of political-social organizations, Chairpersons of provincial People's Committees, municipal People's Committees directly under the central government, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.