This Decree sets out detailed regulations on employment service activities, including the organization and operation of public and private employment service centers. It also specifies the authorities and responsibilities of the Ministry of Home Affairs, central political-social organizations, and provincial People's Committees in state management of employment services. This Decree takes effect from January 1, 2026.
Đối tượng áp dụng
Enterprises engaged in employment services and public employment service organizations under the management of the Ministry of Home Affairs, central political-social organizations, and provincial People's Committees.
Các điểm cốt lõi
- Detailed regulations on the establishment, restructuring, and dissolution of public and private employment service centers.
- Authorities and responsibilities of state management agencies in the field of employment services.
- Effective from January 1, 2026, and transitional provisions for enterprises operating before this date.
- Regulations on issuing, renewing, and revoking licenses for enterprises engaged in employment services.
- Requirements for regular reporting on the operational status of public employment service organizations.
🌐 Tác động xã hội từ văn bản này
- Strengthening state management over employment services.
- Supporting workers in job search and enhancing vocational skills.
- Developing the labor market through information provision and job placement support.
❓ Câu hỏi thường gặp
Which decree does this Decree replace?
Decree No. 23/2021/NĐ-CP dated March 19, 2021, of the Government providing detailed regulations on Clause 3, Article 37 and Article 39 of the Labor Law concerning employment service centers and enterprises engaged in employment services.
How will enterprises that already have licenses before this Decree takes effect be handled?
Enterprises that have submitted applications and met the conditions stipulated in Decree No. 23/2021/NĐ-CP but have not yet been issued, reissued, renewed, or revoked their licenses prior to the effective date of this Decree shall continue to be processed without having to repeat administrative procedures already completed.
What is the timeframe for public employment service organizations to meet all operational conditions?
Within 24 months from the effective date of this Decree, if they fail to meet the conditions specified in Clause 1, Article 4 of this Decree.
Toàn văn
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 352/2025/NĐ-CP |
Hanoi, December 30, 2025 |
DECREE
Detailed provisions on certain articles of the Employment Law concerning employment services
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Employment Law No. 74/2025/QH15;
||| Based on the proposal of the Minister of Home Affairs;
The Government issues this Decree detailing certain provisions of the Employment Law concerning employment services.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree details certain contents regarding employment services under Clause 5, Article 27 and Clause 5, Article 28 of the Employment Law No. 74/2025/QH15, national job exchange platforms, and the withdrawal of guarantees for employment service activities.
Article 2. Applicability
1. Employment service organizations as prescribed in Clause 2, Article 27 of Law No. 74/2025/QH15 include:
a) Public employment service organizations;
b) Enterprises engaged in employment service activities.
2. Other agencies, organizations, and individuals related to employment service activities.
Chapter II
CONDITIONS FOR THE ESTABLISHMENT, ORGANIZATION, AND OPERATION OF PUBLIC EMPLOYMENT SERVICE ORGANIZATIONS
Article 3. Public employment service organizations
1. Public employment service organizations are public service units, including:
a) Public employment service organizations established by state management agencies for labor affairs;
b) Public employment service organizations established by political-social organizations.
2. Public employment service organizations have their own seals and separate accounts.
3. Public employment service organizations operate under the self-management mechanism of public service units as stipulated by law.
Article 4. Conditions for establishment, restructuring, and dissolution
1. Public employment service organizations must meet the conditions for establishing public service units as prescribed by the Government's regulations on establishing, restructuring, and dissolving public service units, as well as the following conditions:
a) Having an electronic information website (website) ensuring connectivity and data sharing with the National Job Exchange Platform (address: https://www.vieclam.gov.vn);
b) Having equipment to perform tasks as prescribed in Article 7 of this Decree, in accordance with the standards and quotas for specialized machinery and equipment issued by the competent authority;
c) The competent authority establishing the organization ensures funding for public service activities related to employment in accordance with the law.
2. Conditions for restructuring and dissolution of public employment service organizations shall be carried out in accordance with the Government's regulations on establishing, restructuring, and dissolving public service units.
3. New public employment service organizations established or restructured must implement plans for office locations, equipment, and personnel within ninety days from the date of the Establishment Decision.
In cases where it is necessary to establish new public employment service organizations, such organizations must ensure all recurrent and investment expenditures themselves.
Article 5. Procedures and formalities for establishment, restructuring, and dissolution
1. Procedures, formalities, and documents for establishing, restructuring, and dissolving public employment service organizations shall be carried out in accordance with the Government's regulations on establishing, restructuring, and dissolving public service units.
2. Public employment service organizations prescribed in Point b, Clause 1, Article 3 of this Decree must obtain the written consent of the People's Committee of the province where the main office is located.
3. Within three working days from the date of issuance of the Decision on establishment, restructuring, or dissolution of public employment service organizations, the competent authority responsible for issuing such decisions shall post the Decision on the portal or electronic information website of the decision-making agency and the National Job Exchange Platform.
Article 6. Name of Public Employment Service Organization
1. The Public Employment Service Organization shall have a name in Vietnamese and a foreign language, and a unique logo (if any).
2. The name and logo of the Public Employment Service Organization must comply with the following principles:
a) Contain the phrase "Center" and "employment service";
b) Not violate historical traditions, culture, ethics, and customs of the nation;
c) Not be identical or cause confusion with the name or logo of another entity established prior to it.
Article 7. Content of Activities of Public Employment Service Organization
1. Tasks of the Public Employment Service Organization
a) Advisory activities, including:
Career counseling, national skill framework;
Job placement advice for workers to choose suitable job positions based on their abilities and preferences;
Advice on participating in recruitment processes; self-employment, finding jobs domestically and internationally;
Advice to agencies, organizations, and individuals on recruitment, utilization, and management of labor; on job management and development, human resource development;
Advice on labor policies and employment for workers and employers.
b) Job introduction for workers, including:
Introducing domestic jobs for workers;
Introducing overseas jobs for workers through enterprises licensed to send Vietnamese workers abroad under contracts, organizations, and individuals investing abroad, or public institutions under ministries, ministerial-level agencies, and government agencies assigned the task of sending Vietnamese workers abroad under contracts according to the Law on Vietnamese Workers Going Abroad Under Contracts.
c) Supplying and introducing labor to employers, including:
Recruiting labor through examinations to select and introduce candidates meeting the requirements of employers;
Introducing labor according to the needs of employers.
d) Collecting, analyzing, storing, and providing information about the labor market.
2. The Public Employment Service Organization established by the provincial state management agency on employment shall implement the contents stipulated in Clause 1 of this Article and handle unemployment insurance claims according to the Government's regulations on unemployment insurance.
3. The Public Employment Service Organization established by the central state management agency on employment shall perform tasks stipulated in Point d, Clause 1 of this Article; support state management agencies in implementing employment service tasks, labor market information, unemployment insurance; manage and operate the National Employment Exchange; coordinate and connect the activities of Public Employment Service Organizations nationwide.
Article 8. Organizational Structure
1. Leadership of the Public Employment Service Organization includes the Director and Deputy Directors. The number of Deputy Directors shall be determined according to the Government's regulations on establishing, restructuring, and dissolving public institutions.
2. Based on the scale and nature of operations, the competent authority shall decide on the establishment, restructuring, or dissolution of the Public Employment Service Organization, stipulating its functions, tasks, powers, and organizational structure. The establishment of units within the Public Employment Service Organization shall be carried out according to the Government's regulations on establishing, restructuring, and dissolving public institutions.
3. The number of staff in the Public Employment Service Organization shall be determined based on job positions, workload of each position, and economic-technical norms according to the tasks specified in Article 7 of this Decree.
The Minister of Home Affairs shall provide guidance on leadership and management positions, specialized occupational titles, the structure of civil servants by occupational title, and staffing norms in the Public Employment Service Organization.
Article 9. Sources of funds
1. State budget funds in accordance with the Government's regulations on the self-financing mechanism for public service units.
2. Funds from the Unemployment Insurance Fund in accordance with the Government's regulations on the financial mechanism for unemployment insurance, to cover organizational and operational costs of unemployment insurance.
3. Revenue from service activities of Public Employment Service Organizations in accordance with the law.
4. Other lawful revenues.
Article 10. Management of employment service activities
1. Public Employment Service Organizations shall accept and establish files for agencies, organizations, and individuals registering for counseling, job search, labor supply, and labor introduction according to Forms No. 01, 01a, 02, 03, 03a attached as Appendix I to this Decree.
2. Within twenty working days from the date when employers notify recruitment of workers, Public Employment Service Organizations shall be responsible for updating the results on the National Employment Exchange Platform; monitor the employment status of workers introduced by Public Employment Service Organizations for at least one month or during the period of implementation of the labor contract for cases where the labor contract duration is less than one month according to Form No. 04 attached as Appendix I to this Decree.
3. Public Employment Service Organizations shall apply information technology in organizing the provision of services and managing employment service activities, including conducting electronic transactions with workers and employers when conditions stipulated by law and guidelines of the Ministry of Home Affairs are met; electronic transaction documents in the field of employment services have the same legal value as paper-based transactions.
Article 11. Responsibilities of Public Employment Service Organizations
1. Provide free job counseling and job placement services for workers and provide free labor market information.
2. Accept and provide employment services on the National Employment Exchange Platform in accordance with the guidelines of the Ministry of Home Affairs.
3. Announce operating hours and procedures for providing employment services; ensure the quality of public service employment services according to criteria and standards prescribed by competent state authorities.
4. Ensure the safety and confidentiality of personal data, worker data, and employment transaction data in accordance with the law; develop and implement preventive measures against fraudulent and deceptive acts in employment service activities.
5. Organize employment transactions and job fairs; collect, store, and analyze labor market forecasts in their jurisdiction.
6. Collect and update data on job seekers and labor demand from organizations and individuals into the database system.
7. Comply with the provisions of the law on the organization and operation of Public Employment Service Organizations.
8. Public Employment Service Organizations shall report on the results of employment service activities to the Department of Home Affairs through the National Employment Exchange Platform every six months (before June 20) and annually (before December 20) according to Form No. 01 attached as Appendix III to this Decree.
Six-month periodic report: Data closing period is from December 15 of the year prior to the reporting period to June 14 of the reporting period.
Annual periodic report: Data closing period is from December 15 of the year prior to the reporting period to December 14 of the reporting period.
Chapter III
BUSINESS OPERATING EMPLOYMENT SERVICES
Article 12. Contents of job placement service activities of enterprises
1. Advisory activities, including:
a) Career counseling, national skill framework;
b) Job placement advice for workers to choose suitable job positions based on their abilities and preferences;
c) Advice on job application skills; self-employment creation, domestic and international job search;
d) Advice for agencies, organizations, and individuals on recruitment, utilization, and management of labor; on job management and development, human resource development;
đ) Advice on labor policies and employment for workers and employers.
2. Job placement activities for workers, including:
a) Domestic job placement for workers;
b) Overseas job placement for workers through enterprises licensed to send Vietnamese workers abroad under contracts, organizations investing abroad, or public institutions under ministries, ministerial-level agencies, or government agencies assigned tasks to send Vietnamese workers abroad under contracts according to the Law on Vietnamese Workers Going Abroad Under Contracts.
3. Supplying and recommending workers to employers, including:
a) Recruitment through examinations to select and recommend candidates meeting the conditions and requirements of employers;
b) Recommending workers based on employer requests.
4. Collecting, analyzing, storing, and providing information about the labor market.
Article 13. Authority to Issue, Reissue, Extend, and Withdraw the Business License for Job Placement Services
1. The provincial People's Committee has the authority to issue, reissue, extend, and withdraw the Business License for Job Placement Services for enterprises with headquarters operating job placement services in the locality.
2. The provincial People's Committee decides on delegation or authorization to implement the tasks and powers stipulated in Clause 1 of this Article according to the Law on Local Administration Organization No. 72/2025/QH15.
3. Within three working days from the date of issuance, reissuance, extension, or withdrawal of the Business License for Job Placement Services, the competent authority issuing, reissuing, extending, or withdrawing the Business License for Job Placement Services (hereinafter referred to as the Competent Authority) shall be responsible for publishing the issued, reissued, extended Business License for Job Placement Services or the Decision to Withdraw the Business License for Job Placement Services on the portal or website of the agency issuing the Business License or Decision and the National Employment Exchange.
Article 14. Business License for Job Placement Services
1. The Business License for Job Placement Services (hereinafter referred to as the Business License) is issued, reissued, or extended by the Competent Authority to enterprises that meet all conditions specified in Article 15 of this Decree.
2. The contents of the Business License follow Model No. 01 Appendix II promulgated together with this Decree.
3. The validity period of the Business License is as follows:
a) The maximum validity period of the Business License is 60 months;
b) The Business License can be extended multiple times, with each extension not exceeding 60 months;
c) The validity period of the reissued Business License is equal to the remaining validity period of the previously issued Business License.
Article 15. Conditions for Issuing a Business License for Employment Services
1. Having a main office or branch of the enterprise, or being hired by the enterprise under a contract to organize employment service activities with a remaining validity period of at least two years (24 months) as of the date the enterprise submits the application for issuance of the Business License.
2. Having deposited a guarantee fund for employment services amounting to three hundred million Vietnamese dong (300,000,000 VND).
3. The legal representative of the enterprise conducting employment service activities must not be restricted or deprived of civil capacity; they must have a university degree or higher, or at least two years (24 months) of experience in the field of employment services or labor supply.
Article 16. Guarantee Fund for Employment Service Activities
1. Enterprises shall deposit the guarantee fund according to the level specified in Clause 2 of Article 15 of this Decree at a commercial bank in Vietnam or a foreign bank branch established and operating legally in Vietnam (hereinafter referred to as the receiving bank).
The interest rate on the guarantee fund shall be agreed upon between the enterprise and the receiving bank in the guarantee agreement, ensuring compliance with the State Bank of Vietnam's regulations on deposit interest rates in Vietnamese dong during each period.
2. The guarantee fund of the enterprise may only be used to settle financial obligations arising when the enterprise fails to fulfill or fulfills incompletely its obligations in employment service activities as required by the competent authority.
Within thirty days from the date the guarantee fund is used, the enterprise must repay the amount used and ensure that the guarantee fund meets the prescribed level.
3. The enterprise is entitled to withdraw the guarantee fund if it falls under any of the following circumstances:
a) The enterprise has not been issued a Business License;
b) The enterprise has had its Business License revoked or not renewed, reissued, or the license has expired;
c) The enterprise has deposited the guarantee fund at another receiving bank;
d) The enterprise encounters difficulties and lacks the ability to compensate workers or employers due to violations of employment service regulations after sixty days from the compensation deadline stipulated by law.
4. The application for withdrawing the guarantee fund submitted to the competent authority includes:
a) A request for withdrawal of the guarantee fund from the enterprise according to Model No. 08 attached as Appendix II to this Decree;
b) A certificate of the guarantee fund for employment service activities deposited at another receiving bank for the case of withdrawing the guarantee fund as provided in point c of Clause 3 of this Article;
c) A report on the completion of obligations and a document proving the completion of obligations (if any) for the case of withdrawing the guarantee fund as provided in point b of Clause 3 of this Article;
d) A plan for using the withdrawn funds from the guarantee account including: reasons, purpose of withdrawing the guarantee fund; list of workers, employers, amounts, time, payment methods for the case of withdrawing the guarantee fund as provided in point d of Clause 3 of this Article.
5. The procedure and formalities for withdrawing the guarantee fund for employment service activities are as follows:
a) The enterprise submits one set of the application for withdrawing the guarantee fund as prescribed in Clause 4 of this Article directly or through public postal services or via contracted services of enterprises or individuals or through authorization to the Provincial One-Stop Service Center where the enterprise's main office for employment service activities is located or online at the National Public Service Portal;
b) Within five working days from the date of receipt of complete and valid documents, the competent authority is responsible for checking and verifying the documents and the enterprise's fulfillment of obligations as provided in point b of Clause 3 of this Article, and issuing a written approval for withdrawing the guarantee fund according to Model No. 09 attached as Appendix II to this Decree, and the plan for using the guarantee fund (if any) to the enterprise and the receiving bank. In cases where the withdrawal of the guarantee fund is not approved, a written response will be given to the enterprise stating the reasons.
6. The receiving bank is responsible for the following:
a) Issuing a certificate of the guarantee fund for employment service activities according to Model No. 02 attached as Appendix II to this Decree after the enterprise completes the guarantee deposit procedures;
b) Implementing all regulations concerning opening accounts, managing the guarantee fund, depositing the guarantee fund, withdrawing the guarantee fund, and using the guarantee account of enterprises engaged in employment service activities and related regulations concerning these accounts;
c) Not allowing the enterprise to withdraw the guarantee fund without a written approval for withdrawing the guarantee fund from the competent authority where the enterprise's main office for employment service activities is located;
d) Notifying the competent authority where the enterprise's main office for employment service activities is located in writing within three working days from the date the enterprise withdraws the guarantee fund;
đ) Fulfilling fully the responsibilities of the receiving bank as stipulated in this Decree and other relevant laws.
Article 17. Documents, Procedures, and Formalities for Issuing the Permit
1. The application documents for issuing the Permit include:
a) A request for issuing the Permit according to Model No. 03 attached as Appendix II of this Decree;
b) One original copy of the Certificate of Pre-deposit Guarantee for Employment Service Activities according to Model No. 02 attached as Appendix II of this Decree;
c) One valid copy (including a copy issued from the original book, a certified copy, an electronically certified copy, or a copy verified against the original) of the Certificate of Ownership of Housing and Other Property Attached to Land or a Lease Contract for the Business Headquarters to carry out employment service activities with a minimum remaining validity period of two years (24 months) as of the date when the enterprise submits the application for the Permit.
In cases where there is information about the Certificate of Ownership of Housing and Other Property Attached to Land on the National Land Database, it is not necessary to submit a copy of the Certificate as required under this point.
d) One valid copy of the professional qualification certificate or one valid copy of the document proving experience (appointment decision or labor contract or work contract or social insurance participation history or experience confirmation letter from the previous workplace) of the legal representative of the enterprise carrying out employment service activities.
In cases where the document proving experience is a foreign document, it must be translated into Vietnamese, certified, and legalized according to the relevant laws.
In cases where there is information about the labor contract or work contract or social insurance participation history of the legal representative of the enterprise carrying out employment service activities on the National Social Insurance Database or the National Employee Database, it is not necessary to submit the document proving experience as required under this point.
2. The procedures and formalities for issuing the Permit are as follows:
a) The enterprise submits one set of the application documents for issuing the Permit as stipulated in Clause 1 of this Article directly or through public postal services or by hiring services of enterprises or individuals or through authorization to the Provincial Administrative Services Center where the main office of the enterprise carrying out employment service activities is located or online at the National Public Service Portal;
b) Within five working days from the date of receipt of complete and valid application documents for issuing the Permit, the competent authority examines and issues the Permit to the enterprise according to Model No. 01 attached as Appendix II of this Decree. If the Permit is not issued, a reply letter stating the reasons must be provided.
Article 18. Documents, Procedures, and Formalities for Reissuing the Permit
1. The Permit shall be reissued in the following cases:
a) Change of the name of the licensed enterprise in accordance with the Enterprise Law;
b) Change of the legal representative of the enterprise carrying out employment service activities;
c) Change of the address of the main office of the enterprise carrying out employment service activities within the same province where the Permit was originally issued;
d) The Permit contains incorrect information, is damaged and cannot be used, or is unverifiable;
đ) Loss of the Permit;
e) Change of the address of the main office to another province different from the one where the Permit was originally issued.
2. The application documents for reissuing the Permit as stipulated in Clause 1 of this Article include:
a) A request for reissuing the Permit according to Model No. 04 attached as Appendix II of this Decree;
b) The document specified in Point c, Clause 1 of Article 17 of this Decree for the case specified in Point c, e, Clause 1 of this Article;
c) The document specified in Point d, Clause 1 of Article 17 of this Decree for the case specified in Point b, Clause 1 of this Article;
d) The previously issued Permit for the provisions specified in Points a, b, c, d, and e, Clause 1 of this Article.
3. The procedures and formalities for reissuing the Permit for the cases specified in Points a, b, c, d, đ, Clause 1 of this Article are as follows:
a) The enterprise submits one set of the application documents for reissuing the Permit as stipulated in Clause 2 of this Article directly or through public postal services or by hiring services of enterprises or individuals or through authorization to the Provincial Administrative Services Center where the main office of the enterprise carrying out employment service activities is located or online at the National Public Service Portal;
b) Within three working days from the date of receipt of complete and valid application documents for reissuing the Permit, the competent authority examines and reissues the Permit to the enterprise according to Model No. 01 attached as Appendix II of this Decree. If the Permit is not reissued, a reply letter stating the reasons must be provided.
4. The procedures and formalities for reissuing the Permit for the case specified in Point e, Clause 1 of this Article are as follows:
a) The enterprise submits one set of the application documents for reissuing the Permit as stipulated in Clause 2 of this Article directly or through public postal services or by hiring services of enterprises or individuals or through authorization to the Provincial Administrative Services Center where the new main office of the enterprise will be located or online at the National Public Service Portal;
b) Within two working days from the date of receipt of complete and valid application documents for reissuing the Permit, the competent authority where the new main office is proposed requests the competent authority where the Permit was originally issued to provide a copy of the application documents for issuing the Permit and confirm that the conditions for the Permit have not been revoked;
c) Within three working days from the date of receipt of the document from the competent authority where the new main office is proposed, the competent authority where the Permit was originally issued provides comments on the business operation situation during the time operating in the original location and sends a copy of the application documents for issuing the Permit to the competent authority where the new main office is proposed.
In case a business has its License revoked according to Clause 1 of Article 20 of this Decree, the competent authority where the business was granted the License shall issue a decision to revoke it and notify the competent authority issuing the new License at the proposed new headquarters location of the business.
d) Within three working days from the date of receipt of the document from the competent authority where the business was granted the License, the competent authority issuing the new License at the proposed new headquarters location of the business shall examine and reissue the License for the business according to Model No. 01 Appendix II issued together with this Decree. In case of not reissuing the License, there must be a reply document stating the reasons.
Article 19. Documents, Procedures, and Formalities for Extending the License
1. The License will be extended when the following conditions are met:
a) Ensuring the conditions stipulated in Article 15 of this Decree;
b) Not falling under the circumstances for revoking the License as prescribed in Clause 1 of Article 20 of this Decree;
c) Fully complying with the reporting system as prescribed in this Decree;
d) The application for extending the License must be submitted to the competent authority responsible for extending the License at least thirty working days before the expiration date of the License.
2. The application for extending the License includes:
a) A request for extending the License according to Model No. 05 Appendix II issued together with this Decree;
b) The document prescribed in point c, Clause 1 of Article 17 of this Decree;
c) The document prescribed in point d, Clause 1 of Article 17 of this Decree for cases where the business simultaneously requests to extend the License and change the legal representative of the business conducting labor service activities.
3. The procedures and formalities for extending the License are as follows:
a) The business submits one set of the application for extending the License as prescribed in Clause 2 of this Article directly or through public postal services or via hired services of businesses or individuals or through authorization to the Provincial Service Center for Administrative Services where the business's main office is located to conduct labor service activities or online at the National Public Service Portal;
b) Within three working days from the date of receipt of a complete and valid application for extending the License, the competent authority shall examine and extend the License for the business according to Model No. 01 Appendix II issued together with this Decree. In case of not extending the License, there must be a reply document stating the reasons.
Article 20. Documents, Procedures, and Formalities for Revoking the License
1. The business will have its License revoked in the following cases:
a) Violating the provisions in Clause 2, 3, 4 of Article 5 of Law No. 74/2025/QH15;
b) Ceasing labor service activities upon the business's request;
c) The business having its Business Registration Certificate revoked; the business being dissolved or bankrupt;
d) Failing to maintain the conditions stipulated in Article 15 of this Decree;
đ) Allowing another business, organization, or individual to use the License;
e) Being administratively penalized in the field of labor service activities three times within a maximum period of thirty-six months from the first penalty date or intentionally failing to comply with the administrative penalty decision;
g) The legal representative of the business conducting labor service activities being a foreigner who does not meet the conditions for working in Vietnam as prescribed in Article 151 of the Labor Code No. 45/2019/QH14.
2. The application for revoking the License for cases prescribed in points b, c of Clause 1 of this Article includes:
a) A request for revoking the License according to Model No. 06 Appendix II issued together with this Decree;
b) The previously issued License or a commitment letter assuming legal responsibility of the labor service business for cases where the License is lost.
3. The procedures and formalities for revoking the License for cases prescribed in points b, c of Clause 1 of this Article are as follows:
a) The business submits one set of the application for revoking the License as prescribed in Clause 2 of this Article directly or through public postal services or via hired services of businesses or individuals or through authorization to the Provincial Service Center for Administrative Services where the business's main office is located to conduct labor service activities or online at the National Public Service Portal;
b) Within three working days from the date of receipt of a complete and valid application for revoking the License, the competent authority shall examine and issue the Decision to Revoke the License according to Model No. 07 Appendix II issued together with this Decree. In case of not revoking the License, there must be a reply document stating the reasons.
4. The procedures and formalities for revoking the License for cases prescribed in points a, d, đ, e, g of Clause 1 of this Article are as follows:
a) When discovering or upon request for inspection, audit, or investigation by a competent state agency regarding a business falling under the circumstances prescribed in points a, d, đ, e, g of Clause 1 of this Article, the competent authority where the business's main office is located to conduct labor service activities shall carry out inspections, collect relevant evidence, or study the files transferred by the competent authority to consider issuing the Decision to Revoke the License;
b) Within five working days from the date of receipt of the Decision to Revoke the License, the business is responsible for returning the License to the competent authority revoking the License where the business's main office is located to conduct labor service activities and ensuring the rights and legitimate interests of other agencies, organizations, or individuals using the labor services provided by the business according to the law.
5. The business will not be granted a License within three years from the date of revocation of the License for cases prescribed in points a, d, đ, e, g of Clause 1 of this Article.
Article 21. Branches of employment service enterprises
1. An enterprise has the right to establish branches for employment services within the country according to the provisions of the Enterprise Law No. 59/2020/QH14 and must meet the conditions stipulated in Clause 1, Article 15 of this Decree.
2. Within ten working days from the date of the decision assigning tasks to the branch, the enterprise must notify the competent authority at the main office location where the enterprise carries out employment services activities and the competent authority at the location where the enterprise sets up its branch (in cases where the branch location is different from the province where the enterprise was granted the License) along with documents proving the conditions stipulated in Clause 1, Article 15 of this Decree.
3. Obligations of employment service branches
a) Publicly display the enterprise's decision assigning tasks to the employment service branch and a certified copy of the original Employment Service Operation License at the branch's headquarters;
b) Report periodically every six months (before June 20) and annually (before December 20) to the competent authority at the branch's headquarters on the results of the branch's employment service activities through the National Employment Exchange in accordance with Form No. 02 Appendix III issued together with this Decree.
Six-month periodic report: Data closing period is from December 15 of the year prior to the reporting period to June 14 of the reporting period.
Annual periodic report: Data closing period is from December 15 of the year prior to the reporting period to December 14 of the reporting period.
4. The duration of employment service operations of the branch shall not exceed the validity period of the enterprise's Employment Service Operation License.
Article 22. Notification of Employment Service Operations
1. Within twenty working days from the date of issuance of the License, the enterprise must publicly announce via mass media about the License, location, scope of operation, name of the legal representative carrying out employment service activities, website (if any), email, contact phone number.
2. Ten working days before the start of employment service operations, the enterprise is responsible for notifying in writing the competent authority at the main office location where the enterprise carries out employment service activities about the start date of operations.
3. In cases of changing the location of the branch headquarters, the enterprise must send a written notice to the competent authority at the branch's headquarters about the new location along with documents proving the conditions stipulated in Clause 1, Article 15 of this Decree within ten working days before the change takes place.
Article 23. Responsibilities of Employment Service Enterprises
1. Publicly display a certified copy of the License, work schedule, consulting and job placement service fees at the main office and branch locations of the enterprise and include the enterprise's contact information including: Enterprise name, main office and branch addresses, website (if any), email, contact phone number.
2. Within twenty working days from the date the employer notifies of hiring workers, the enterprise is responsible for updating the results on the National Employment Exchange; monitor the employment status of workers introduced by the enterprise for a minimum of one month or during the term of the labor contract for those with contracts under one month according to Form No. 04 Appendix I issued together with this Decree.
3. Establish, update, manage data of workers registering for consulting and job placement services; employers registering to recruit workers and implement connection, sharing of information and data according to the guidelines of the Ministry of Home Affairs.
4. Ensure the safety and confidentiality of personal data, worker data, and employment transaction data in accordance with the law; develop and implement preventive measures against fraudulent and deceptive acts in employment service activities.
5. Enterprises operating employment service businesses through e-commerce methods have the responsibility to connect, share, and synchronize information and data on the National Employment Exchange.
6. Within fifteen working days from the date of receipt of the competent authority's document regarding non-renewal, non-extension, or revocation of the License, the enterprise is responsible for liquidating ongoing employment service contracts; fulfill obligations and responsibilities in employment service activities towards agencies, organizations, and individuals in accordance with the law.
7. Report periodically every six months (before June 20) and annually (before December 20) on the results of employment service activities to the competent authority through the National Employment Exchange in accordance with Form No. 02 Appendix III issued together with this Decree.
Six-month periodic report: Data closing period is from December 15 of the year prior to the reporting period to June 14 of the reporting period.
Annual periodic report: Data closing period is from December 15 of the year prior to the reporting period to December 14 of the reporting period.
8. Fully perform the responsibilities of employment service enterprises as prescribed in this Decree.
Chapter IV
AUTHORITY AND RESPONSIBILITY
Article 24. Competence and responsibilities of the Ministry of Interior
1. The Ministry of Interior shall be responsible for assisting the Government in uniformly managing state administration over employment service activities throughout the country.
2. Organize implementation, dissemination, guidance, monitoring, specialized inspection, and supervision of the enforcement of this Decree.
3. Decide on the establishment of the National Employment Service Center to perform tasks specified in Clause 3, Article 7 of this Decree.
4. Build and manage the National Employment Exchange Platform operating on a digital foundation to connect, integrate, and share labor and employment data nationwide to support employment transactions, state management, and analysis and forecasting of the labor market.
The Ministry of Interior shall promulgate regulations, manage, and operate the National Employment Exchange Platform in accordance with laws on cybersecurity, electronic transactions, personal data protection, and other relevant laws.
Article 25. Competence and responsibilities of central agencies of political and social organizations
1. Review, reorganize, and improve public employment service organizations under their authority to ensure compliance with standards and conditions for operation as stipulated in this Decree.
2. Inspect the operations of public employment service organizations under their management in accordance with the law.
3. Monitor, compile, and report semi-annually and annually on the operational status of public employment service organizations under their authority to reorganize according to Model 03 Appendix III issued together with this Decree to the Ministry of Interior.
Article 26. Competence and responsibilities of provincial People's Committees
1. Organize the implementation of this Decree within their jurisdiction; inspect and submit periodic reports every six months, annually, or at any time regarding the results of employment service activities within their management area according to Model 03 Appendix III issued together with this Decree to the Ministry of Interior.
2. Decide on the establishment, reorganization, renaming, dissolution, organizational structure, duties, and powers of public employment service organizations under the provincial People's Committee in accordance with the law; ensure the maintenance of public employment service organizations under the Provincial Department of Interior to implement employment policies, develop the labor market, and unemployment insurance.
3. Develop and submit to the same-level People's Council for consideration and issuance of resolutions on local budget expenditures for advisory and job placement services for workers not covered by unemployment insurance and provision of labor market information through public employment service organizations.
4. Determine specific provisions on salary scales, standards, and budget allocation for employment service activities within their jurisdiction as assigned by the same-level People's Council; decide on the allocation and assignment of budget estimates for employment service-related items in accordance with the State Budget Law.
5. Manage the number of personnel working on salaries funded by the state budget in public employment service organizations within their jurisdiction in accordance with the law.
Chapter V
IMPLEMENTING PROVISIONS
Article 27. Effective Date
1. This Decree takes effect from January 1, 2026.
2. Decree No. 23/2021/NĐ-CP dated March 19, 2021 of the Government detailing Clause 3, Article 37 and Article 39 of the Labor Law concerning employment service centers and enterprises engaged in employment services shall cease to be effective from the date this Decree takes effect.
Article 28. Transitional Provisions
1. Businesses that have been granted, reissued, or extended the Employment Service Permit before this Decree takes effect shall continue to operate employment services until the Permit expires, except in cases where it is revoked according to Clause 1, Article 20 of this Decree.
2. The provisions at point c, e of Clause 1, Article 18 of this Decree shall not apply to cases where businesses change their main office address for conducting employment services compared to the address on the Permit due to administrative restructuring or reorganization, except when the business requests a new Permit issuance.
3. Businesses that have submitted complete application files for granting, reissuing, extending, or revoking the Permit and meet all conditions stipulated in Decree No. 23/2021/NĐ-CP before this Decree takes effect but have not yet received the Permit shall not need to repeat the steps already completed in the administrative procedure and shall be issued, reissued, extended, or have their Permit revoked in accordance with this Decree.
4. Public employment service organizations established and operating in accordance with Decree No. 23/2021/NĐ-CP shall continue their operations. In cases where they fail to meet the conditions specified in Clause 1, Article 4 of this Decree, they must supplement all necessary conditions within twenty-four months; if they fail to do so, they must cease their employment service activities.
Article 29. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, leaders of political-social organizations, Chairpersons of provincial People's Committees under central cities, and related agencies, organizations, and individuals are responsible for implementing this Decree.
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PRIME MINISTER |
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