Decree No. 52/2014/ND-CP on conditions and procedures for issuing licenses for enterprises operating labor services.

DECREE

Regulations on conditions and procedures for issuing licenses to operate employment services

of enterprises operating employment services

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labor Code dated June 18, 2012;

Pursuant to the Enterprise Law dated November 29, 2005;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

At the proposal of Decree promulgating regulations on conditions and procedures for issuing licenses to operate employment services of enterprises operating employment services.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates conditions, procedures, and authority for issuing licenses to operate employment services; rights and responsibilities of enterprises operating employment services.

Article 2. Applicability

1. Enterprises operating employment services as prescribed in Clause 2, Article 14 of the Labor Code (hereinafter referred to as enterprises).

2. Organizations and individuals related to the establishment and operation of enterprises operating employment services.

Article 3. Employment service activities of enterprises

1. Advising workers and employers, including:

a) Advising workers on choosing occupations, levels of training, suitable places of study based on their abilities and aspirations;

b) Advising workers on selecting jobs that match their abilities and aspirations; test-taking skills; creating and finding jobs both domestically and internationally;

c) Advising employers on recruiting, managing workers; human resource management and development; using labor and developing employment.

2. Introducing jobs to workers, supplying and recruiting labor according to the requirements of employers, including:

a) Introducing job-seeking workers to employers seeking to recruit workers;

b) Supplying labor according to the requirements of employers;

c) Supplying and introducing labor to units and enterprises authorized to send Vietnamese workers abroad under labor contracts.

3. Collecting, analyzing, forecasting, and providing information about the labor market.

4. Organizing training and workshops to enhance job-seeking capabilities and vocational skills as prescribed by law.

5. Implementing programs and projects on employment.

Article 4. Rights of enterprises in employment service activities

1. Signing contracts to implement employment service activities as stipulated in Article 3 of this Decree.

2. Exploiting information on labor, employment, and vocational training.

3. Charging fees in accordance with laws on fees.

Article 5. Responsibilities of enterprises in employment service activities

1. Fully performing all contracts concluded, commitments made with workers, employers, apprentices, and those advised or introduced to jobs.

2. Adhering to financial systems and payments required by law and compensating for damages caused by breaches of contracts as prescribed by law.

3. Monitoring the employment status of workers introduced or supplied by the enterprise during the period they perform seasonal labor contracts or fixed-term contracts for specific tasks lasting less than twelve months. For contracts lasting twelve months or more, monitor the employment status of workers for twelve months.

4. Publicly posting a certified copy of the license to operate employment services at the headquarters.

5. Reporting to the Department of Labor, Invalids, and Social Affairs semi-annually, annually, or at any time regarding the situation of employment service activities of the enterprise in accordance with guidelines from the Ministry of Labor, Invalids, and Social Affairs.

Chapter II

CONDITIONS, PROCEDURES, AND AUTHORITY FOR ISSUING LICENSES

LABOR SERVICE ACTIVITIES

Article 6. License for Labor Service Activities

1. The license for labor service activities (hereinafter referred to as the license) shall be issued by the People's Committee of the province or centrally governed city or the Department of Labor, Invalids and Social Affairs authorized by the People's Committee of the province or centrally governed city (hereinafter collectively referred to as the competent state agency issuing the license for labor service activities) to enterprises established in accordance with the laws on enterprises and meeting all conditions stipulated in Article 7 of this Decree.

The license shall be in the form attached as an appendix to this Decree.

2. The license has a maximum validity period of five years (sixty months).

Article 7. Conditions for Issuing Licenses

1. Having a registered office as prescribed in Article 8 of this Decree.

3. Having completed the deposit as prescribed in Article 10 of this Decree.

Article 8. Conditions for the Location of Registered Office and Branches of Enterprises

The location of the registered office and branches of enterprises must be stable and have a term of at least three years (thirty-six months); if it is a house owned by the person registering the enterprise, then valid documents must be included in the application dossier for the license, and if it is rented, there must be a lease contract with a rental term of at least three years (thirty-six months).

The dedicated staff structure to carry out labor service activities includes at least three employees with a college degree or higher, having full civil capacity, and clear background.

Article 10. Deposit and Management of Deposit Money

1. The deposit money shall be used to address risks and compensation amounts that may occur during the operation of labor service activities by the enterprise.

2. The enterprise must deposit a deposit amount of 300,000,000 VND (three hundred million VND) at the commercial bank where the enterprise opens its main transaction account (hereinafter abbreviated as the bank).

The enterprise shall follow the procedures for depositing the deposit money in accordance with the regulations of the bank and the law.

The bank shall be responsible for confirming the deposit money for the operation of labor service activities for the enterprise.

3. The enterprise shall enjoy interest from the deposit money according to the agreement with the bank.

4. After fulfilling all financial obligations related to the operation of labor service activities of the enterprise, the enterprise shall be refunded the deposit money in the following cases:

a) There is a written document from the competent state agency issuing the license for labor service activities stating that the enterprise is not granted, reissued, or extended the license;

b) There is a written document from the competent state agency issuing the license for labor service activities stating that the enterprise has returned or had the license revoked.

5. The deposit money can be withdrawn when receiving a written document from the competent state agency issuing the license for labor service activities confirming the resolution of risks or compensation amounts occurring during the operation of labor service activities of the enterprise.

The bank shall not allow the enterprise to withdraw the deposit money without a written opinion from the competent state agency issuing the license for labor service activities.

1. The application documents for license issuance include:

a) The enterprise's written request for license issuance;

b) A certified copy of the business registration certificate or a copy of the business registration certificate, presenting the original for verification;

c) A certified copy of the Certificate confirming the performance of the deposit as stipulated in Article 10 of this Decree;

d) Documents proving compliance with the location requirements as stipulated in Article 8 of this Decree.

2. Within fifteen days from the date of receiving complete (one set) application documents as prescribed in Clause 1 of this Article, the competent state agency shall issue the employment service license to the enterprise. In case of non-issuance, a written response must be provided with clear reasons stated.

1. Within thirty days from the date of obtaining the license, the enterprise must publicly announce on mass media about the license, location, scope of activities, bank account, name of director, and phone number.

2. At least fifteen days before starting employment service activities, the enterprise is responsible for submitting a written notice to the competent state agency issuing the employment service license at its main office regarding the start date of operations.

3. In case of changing the location of the main office or branch, the enterprise head must submit a written notice to the competent state agency issuing the employment service license about the new location along with documents proving the validity of the new location as stipulated in Article 8 of this Decree within fifteen days prior to the change implementation.

Article 13. Reissue of License

1. An enterprise may have its license reissued when the license is lost, damaged, or changes occur in any of the contents of the license.

a) The enterprise's written request for reissuing the license;

b) The damaged license or copies of documents proving changes in any of the contents of the license.

4. The reissued license shall not exceed the validity period of the previously issued license.

Article 14. Extension of License

a) The enterprise's written request for license extension;

b) The permit has expired;

c) Copies of documents proving compliance with the conditions for license issuance as stipulated in Article 7 of this Decree.

2. Each extension period shall not exceed sixty months.

Article 15. Return and Revocation of License

1. The enterprise must return the license if it falls under any of the following circumstances:

a) Voluntary termination of activities;

b) Voluntarily ceasing employment service activities.

2. Enterprises falling under any of the following circumstances will have their employment service license revoked:

a) Failing to meet any of the conditions stipulated in Article 7 of this Decree;

b) Not operating employment service activities within six months from the date of obtaining the license;

c) Being terminated;

d) Being terminated from employment service activities;

đ) Having their business registration certificate revoked.

3. Enterprises having their licenses revoked according to points a, c, and d of Clause 2 of this Article may reapply for a license one year (twelve months) after the revocation decision takes effect, provided they meet all conditions stipulated in Article 7 of this Decree.

Article 16. Competence to issue, reissue, extend, revoke or reclaim licenses

1. The competent state agency issuing the license for labor service activities shall have the authority to issue, reissue, extend or revoke the license.

2. The competent state agency issuing the license for labor service activities shall be responsible for receiving the license submitted by the enterprise.

Article 17. Branches engaged in labor service activities of enterprises

1. An enterprise may establish a branch engaged in labor service activities in accordance with the provisions of the Enterprise Law and meet the conditions stipulated in Article 8 of this Decree.

3. Obligations of branches engaged in labor service activities:

a) Publicly display the enterprise's decision assigning tasks to the branch engaged in labor service activities and a certified copy of the enterprise's license at the branch's main office;

b) Report periodically or report promptly upon request of the competent state agency at the location of the branch's main office.

4. The duration of labor service activities of the branch shall not exceed the validity period of the enterprise's license.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Responsibilities of the Ministry of Labor - Invalids and Social Affairs

1. Implement state management over labor service activities throughout the country.

2. Guide, inspect, and audit the establishment and operation of enterprises engaged in labor service activities.

3. Aggregate and report to the Government on the operational status of enterprises engaged in labor service activities.

Article 19. Responsibilities of the Ministry of Finance

Take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide service fees according to the laws on fees.

Article 20. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Direct the monitoring, inspection, and auditing of the operations of enterprises engaged in labor service activities within their jurisdiction.

2. Issue, reissue, extend, revoke or reclaim licenses for labor service activities or authorize the Department of Labor, Invalids, and Social Affairs to issue, reissue, extend, revoke or reclaim licenses for labor service activities of enterprises.

3. Reward and handle violations according to the law.

4. Report to the Ministry of Labor, Invalids, and Social Affairs on the establishment and operation of enterprises engaged in labor service activities within their jurisdiction, periodically every six months, annually, or promptly when required.

Article 21. Transitional Provisions

1. Enterprises that have been issued a license for job introduction services before this Decree takes effect shall continue to operate until the expiration of the issued license.

2. Enterprises that have submitted complete application files for a license in accordance with the provisions of Government Decree No. 19/2005/NĐ-CP dated February 28, 2005, and Government Decree No. 71/2008/NĐ-CP dated June 5, 2008, amending and supplementing certain articles of Government Decree No. 19/2005/NĐ-CP dated February 28, 2005, before this Decree takes effect shall be granted a license.

3. Enterprises holding a job introduction service license expiring from January 20, 2014 to the date this Decree takes effect shall continue to operate labor service activities until this Decree takes effect.

Article 22. Effectiveness

This Decree takes effect from July 15, 2014.

Article 23. Responsibility for Implementation

The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Heads of agencies established by the Government or the Prime Minister, Chairmen of Provincial People's Committees and Municipal People's Committees under Central Government, and related agencies and organizations are responsible for implementing this Decree./.