Decree No. 23/2021/ND-CP elaborating Clause 3 Article 37 and Article 39 of the Law on Employment

DECREE

On elaborating Clause 3 Article 37 and Article 39 of the Law on Employment on employment service centers and employment service enterprises

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Employment dated November 16, 2013;

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

The Government hereby promulgates the Decree on elaborating Clause 3 Article 37 and Article 39 of the Law on Employment on employment service centers and employment service enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree elaborates Clause 3 Article 37 and Article 39 of the Law on Employment on employment service centers and employment service enterprises, including:

1.  Conditions, order, procedures and competence for establishment, reorganization, dissolution, organization and operation of employment service centers.

2.  Conditions, order and procedures for granting, extending, re-granting and revoking the license of employment service operation and operation license of employment service enterprises.

Article 2. Subject of application

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

a) Employment service centers established under the decision of the minister or head of ministerial-level agency;

b) Employment service centers established under the decision of the President of the People’s Committee of the province or municipal city;

c) Employment service centers established under the decision of the head of the central socio-political organization.

2.  Employment service enterprises as prescribed in Clauses 1 Article 39 of the Law on Employment, including:

3.  Other agencies, organizations and individuals directly involved in the implementation of the provisions of this Decree.

Chapter II

CONDITIONS FOR ESTABLISHMENT, ORGANIZATION AND OPERATION OF EMPLOYMENT SERVICE CENTERS

Article 3. Conditions for establishment, reorganization and dissolution

1. Conditions for establishment

a) Having the objectives, functions and tasks of providing public services on employment;

b) Conforming to the planning on the network of employment service centers which is approved by competent authorities;

c) Having a working office or a land allocation scheme for the construction of working office which is approved by competent authority (in case of building a new office);

d) Having equipment to perform the tasks as specified in Article 7 of this Decree in accordance with the standards and norms of specialized machinery and equipment promulgated by competent authorities;

dd) Having at least 15 people working as public employees;

e) The established competent agency ensures funding for public service activities on employment in accordance with law provisions.

2.   Conditions for reorganization and dissolution

Conditions for reorganization and dissolution of the employment service center shall be in comply with the Government's provisions on establishment, reorganization and dissolution of public non-business units.

3.  Employment service centers which are newly established or reorganized must implement the plan for working headquarter, equipment and personnel within 90 days from the date of issuance of the establishment decision. In case it is necessary to establish a new employment service center, the employment service center must cover all recurrent and investment expenses by itself.

Article 4. Order and procedure for establishment, reorganization and dissolution

Order and procedures for establishment, reorganization and dissolution of the employment service center shall be in comply with the Government's provisions on establishment, reorganization and dissolution of public non-business units.

Article 5. Notification on establishment, reorganization, dissolution and operation of the employment service center

1.  Within 15 working days from the date of signing and promulgating the Decision on establishment, reorganization and dissolution of the employment service center, the decision-issuing agency is responsible for sending 01 copy to the Ministry of Labor, Invalids and Social Affairs for monitoring and managing.

For employment service center as specified at points a and c, Clause 1, Article 2 of this Decree, the decision-issuing agency is responsible for sending an additional 01 copy of the Decision to the People’s Committee of province or municipal city (hereinafter referred to as provincial level) where the employment service center is located.

2.  Before 10 working days from the date of commencement of operation, the employment service center shall notify in writing to the Department of Labor, Invalids and Social Affairs of the locality where the employment service center is located and publish information on the mass media about the Decision on establishment or reorganization, the location of the headquarter, phone number, and website of the employment service center.

Article 6. Name of the employment service center

1.  The employment service center is public non-business unit, having legal status and their own seal and account.

2.  Employment service center is named in Vietnamese and foreign languages and has their own logo (if any). The name and logo of the employment service center have to meet the following conditions:

a) The name of the employment service center includes “Employment service center” together with the local name or another name proposed by the establishment deciding agency;

b) Not violate the historical, cultural, ethical and fine traditions of the nation;

c) Not overlap or cause confusion with the name or logo of other previously established units.

Article 7. Tasks of the employment service center

1. Consultancy activities, including:

a) Counseling, career orientation, national occupational skill qualification framework for employees to choose professions, training, retraining and practicing plans suitable to their abilities and aspirations;

b) Job counseling for employees to choose job position in accordance with their abilities and aspirations; counseling on skills to participate in recruitment; on self-employment, find job within the country and abroad;

c) Advising employers on labor recruitment, employment and management; on administration and job development, human resource development;

d) Consulting on labor and employment policies for employees and employers.

2.  Introduce jobs to employees.

3.  Labor supply and recruitment at the request of the employer, including:

a) Labor recruitment through entrance exams to select qualified people to meet the requirements of the employer;

b) Labor supply at the request of the employer;

c) Introduce labor to enterprises which is licensed to send Vietnamese workers to work abroad under contracts, organizations and individuals investing abroad or public non-business units affiliated to Ministries, ministerial-level agencies, agencies affiliated to the Government which are assigned the task of sending Vietnamese workers to work abroad under contracts according to the provisions of the Law on Vietnamese Guest Workers.

4.   Collect and provide labor market information.

5.  Analyze and forecast about labor market.

6.  Implement unemployment insurance policy in accordance with the Law on Employment.

7.  Training skills to participate in interviews, job search and other work skills; vocational education in accordance with law provisions.

8.   Implement programs and projects on employment.

Article 8. Organization structure

1.  The leadership of the employment service center includes the Director and Deputy Directors. The number of Deputy Directors shall be in comply with the Government’s provisions on establishment, reorganization and dissolution of public non-business units.

2.  Based on the workload, nature and specific operation characteristics, the competent person who decided the establishment, reorganization and dissolution of the center shall specify the functions, tasks, powers and organizational structure of the Employment service center. The establishment of departments, divisions and other constituent organizations which are not public non-business unit (hereinafter referred to as departments) under the Employment service center shall comply with the Government’s regulations on establishment, reorganization and dissolution of public non-business unit.

3.  Employment service centers operate under the autonomy mechanism of public non-business unit in accordance with law provisions.

Article 9. Number of workers

The number of people working at employment service center shall be determined on the basis of job positions, workload of each job position, economic-technical norms according to functions and tasks as specified in Article 7 of this Decree.

The Minister of Labor, Invalids and Social Affairs shall provide guidance on leadership and management positions and specialized professional titles, the structure of public employees by professional titles and the norm of the number of worker in the employment service center after consulting opinion of the Minister of Home Affairs.

Article 10. Funding

1. State budget sources according to the Government’s regulations on the financial autonomy mechanism of public non-business unit.

2.  Funding sources for the management of the Unemployment Insurance Fund for employment service centers performing the tasks is specified in Clause 6, Article 7 of this Decree.

3.  Revenues from service activities of employment service centers shall be in comply with law provisions.

4.   Other lawful resources.

Article 11. Operational regulations of the employment service center

1.  Operational regulations of the employment service center must contain the following main contents:

a) Name, headquarter address, phone number, website;

b) Objectives and tasks of the center;

c) Tasks and responsibilities of leaders and departments of the center;

d) Responsibility for building and managing database on labor and employment;

dd) Process of providing employment services;

e) Asset and financial management mechanism;

g) Working coordination mechanism;

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

2.  The employment service center shall develop its Regulation on operation according to the provisions of Clause 1 of this Article and submit it to the head of the directly management agency for signature and promulgation.

3.  Operational regulations of the employment service center are publicly posted at the center’s headquarter.

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

Article 12. Employment service management activities at the employment service center

1.  Employment service center shall receive and compile dossiers of agencies, organizations and individuals who come to register for employment services according to Forms No. 01, 01a, 02, 03, 03a in Appendix I issued together with this Decree.

2. The employment service center shall monitor the employment status for the introduced or provided employees for at least 03 months or during the performance of the labor contract in case the labor contract is performed under 03 months according to Form No. 04 in Appendix 01 issued together with this Decree.

3. Implement information technology application in the organization of service provision and management of employment service activities at the employment service center in accordance law provisions and the guidance of the Ministry of Labor, Invalids and Social Affairs.

Article 13. Responsibilities of the employment service center

1.  To provide job consultation and introduction for employees and provide free information on the labor market.

2.  To ensure the quality of public services provider on employment according to the criteria and standards prescribed by competent state agencies.

3.  To organize job transaction activities, build job seekers data, job vacancies to connect labor supply and demand.

4.  Strictly comply with the law provisions on organization and operation of employment service center.

5.  Every 6 months and annually, report on employment service activities, made according to Form No. 05 in Appendix I issued together with this Decree, and send to the direct management agency and the Department of Labor, Invalids and Social Affairs where its headquarter located. The 06-month report shall be sent before June 20 and the annual report shall be sent before December 20.

Chapter III

CONDITIONS FOR GRANTING, EXTENDING, RE-GRANTING AND REVOKING THE LICENSE AND OPERATION OF EMPLOYMENT SERVICE ENTERPRISE

Section 1

CONDITIONS, AUTHORITY, ORDER AND PROCEDURES FOR GRANTING, EXTENDING, RE-GRANTING AND REVOKING THE EMPLOYMENT SERVICE LICENSE

Article 14. Conditions for granting the license

1.  Having a location for its headquarter or branch to organize employment service activities, which is owned by the enterprise or is rented stably by the enterprise under a contract of 03 years (36 months) or more.

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

3.  The legal representative of an enterprise providing employment service must satisfy the following conditions:

a) Being the enterprise manager in accordance with Law on Enterprises;

b) Not falling into one of the following cases: being examined for penal liability, being held in custody, serving prison sentences, serving administrative sanction at compulsory detoxification establishments or compulsory education establishments, fleeing the residence places, being limited or lost capacity for civil acts, having difficulties in cognition or behavior control, being banned by the Court from holding certain positions, practicing professions or doing jobs related to employment service;

c) Having university degree or higher or directly worked as a professional worker or managed employment services or labor supply for 02 years (24 months) or more within the previous 05 years before applying for license.

Article 15. Authority for granting, extending, re-granting and revoking the license

The provincial-level People’s Committee or the Department of Labor, Invalids and Social Affairs authorized by the provincial-level People’s Committee where the enterprise’s headquarter located (hereinafter referred to as competent authority) shall grant, extend, re-grant or revoke the license of enterprise.

Article 16. Employment service license

1.  The contents of the employment service license shall be made according to Form No. 01 in Appendix II issued together with this Decree.

2. The term of the license is specified as follows:

a) The maximum license’s term is 60 months;

b) The license can be extent many times, maximum extension is 60 months;

c) The term of the re-grant license shall be equal to the remaining term of the previously granted license.

Article 17. Application dossier for a license

1.  The enterprise’s application for a license made according to Form No. 02 in Appendix II issued together with this Decree.

2.  01 certified true copy from the original or a copy, presented with the original for comparison of the Certificate of ownership or the contract of renting place as prescribed in Clause 1, Article 14 of this Decree.

3.  The Certificate of deposit for employment service activities made according to Form No. 03 in Appendix II issued together with this Decree.

4.  Autobiographical curriculum vitae of the legal representative of the enterprise made according to Form No. 04 in Appendix II issued together with this Decree.

5. Judicial history card No. 1 according to law provisions on judicial history of enterprise’s legal representative. In case the representative is the foreigner who is not subjected to the issuance of the judicial history card No. 1, it shall be replaced with a judicial record card or a written certification that such person is not currently serving a penalty or has not yet been cleared of criminal records or in the process of being examined for penal liability by a foreign country.

Documents mentioned in this Clause shall be issued no longer than 06 months before the date of application submission. Documents in foreign languages must be translated into Vietnamese, authenticated and consularly legalized in accordance with law provisions.

6.  01 certified true copy from the original or a copy, present with the original for comparison of professional qualifications as prescribed at point c, Clause 3, Article 14, or one of the documents proving the time of direct professional worker or employment management or labor supply services of the legal representative of the enterprise as follows:

a) A certified true copy of the original or a copy, present with the original for comparison of the labor contract or work contract or the decision on recruitment, appointment, assignment of duties of the legal representative of the enterprise;

b) A certified copy from the original or a copy, present with the original for comparison of the appointment decision (for persons working under the appointment regime) or a document recognizing the election results (for those working under the election regime) of the legal representative of the enterprise or a copy of the certificate of business registration (in case of being the legal representative of the employment services enterprise).

In case documents specified at points a and b of this Clause are in foreign languages, they must be translated into Vietnamese, authenticated and consularly legalized in accordance with law provisions.

Article 18. Order and procedure of license granting

1.  The enterprise shall send 01 set of dossier as prescribed in Article 17 of this Decree to the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located to apply for a license.

2.  After examining all the papers specified in Article 17 of this Decree, the Department of Labor, Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the license application.

3.  Within 07 working days from the date of receipt of the sufficient dossier as prescribed, the competent state agency shall consider and grant the license to the enterprise; in case the license is not granted, the enterprise shall reply in writing and clearly state the reasons therefor.

Article 19. License extension

1. Enterprises eligible for license extension must ensure the following provisions:

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

b) Not in the case of having the license revoked as prescribed in Article 21 of this Decree;

c) Fully comply with the reporting regime specified in this Decree;

d) Dossier of application for license extension shall be sent to the Department of Labor, Invalids and Social Affairs at least 20 working days before the expiration of the license.

2.   Application dossier for license extension, including:

a) A written request for extension of the enterprise’s license made according to Form No. 02 in Appendix II issued together with this Decree.

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

c) Documents specified in Clauses 4, 5, 6, Article 17 of this Decree, in case the enterprise applies for license extension and changes its legal representative.

3.  Order and procedure of license extension

a) The enterprise shall send 01 set of dossier as prescribed in Article 2 of this Decree to the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located to apply for a license.

b) After examining all the papers specified in Clause 2 of this Article, the Department of Labor, Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the license extension.

c) Within 05 working days from the date of receipt of the sufficient dossier as prescribed, the competent state agency shall consider and grant the license to the enterprise; in case of the license granting is denied, the competent state agency shall reply in writing and clearly state the reasons therefor.

Article 20. License re-granting

1.  An enterprise applies for re-granting of licenses in the following cases:

a) Change one of the contents of the granted license, including: enterprise’s name; address of the headquarter which is still in the province where the license has been granted; the legal representative of the enterprise;

b) Loss of the license;

c) The license is damaged and does not contain all the information on it;

d) Change the address of the headquarter to a province-level area other than the place where the license has been granted.

2.   Application dossier for a license re-granting shall contain as follow:

a) A written request for license re-granting made according to Form No. 02 in Appendix II issued together with this Decree.

b) The document specified in Clause 2, Article 17 of this Decree, in case the address of the headquarter is changed but it is still located in the province where the license has been granted;

c) Documents specified in Clauses 4, 5, 6, Article 17 of this Decree, in case of change the enterprise's legal representative;

d) The license has been granted before, for the case specified at points a and c, Clause 1 of this Article.

3. Order and procedures for license re-granting for cases specified at points a, b and c, Clause 1 of this Article shall be as follows:

a) The enterprise shall send 01 set of dossier as prescribed in Clause 2 of this Article to the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located to apply for license re-granting.

b) After examining all the papers specified in Clause2 of this Article, the Department of Labor, Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the license re-granting.

c) Within 05 working days from the date of receipt of the sufficient dossier as prescribed, the competent state agency shall consider and re-granting the license to the enterprise; in case of the license re-granting is denied, the competent state agency shall reply in writing and clearly state the reasons therefor.

4. Order and procedures for license re-granting for cases specified at point d Clause 1 of this Article shall be as follows:

a) Application dossier for a license re-granting shall contain documents as follow: a written request for re-granting of the license, made according to Form No. 02, Appendix II issued with this Decree; documents as specified in Clause 2, Article 17 of this Decree; the license has been issued where the enterprise was previously headquartered;

b) The enterprise shall send 01 set of dossier as prescribed at point a of this Clause to the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located to apply for license re-granting;

c) After examining all the papers specified at point a of this Clause, the Department of Labor, Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the dossier for license re-granting;

d) Within 02 working days from the date of receipt of the dossier as prescribed, the Department of Labor - Invalids and Social Affairs where the enterprise’s headquarter is located shall send a written request to the Department of Labor, Invalids and Social Affairs where the enterprise has been granted the license to provide a copy of the application dossier for license granting and confirmation that the enterprise’s conditions for not having its license revoked;

dd) Within 03 working days from the date of receipt of the document from the Department of Labor, Invalids and Social Affairs where the enterprise’s new headquarter is located, the Department of Labor, Invalids and Social Affairs where the business has been licensed shall give feedback on the operation of the enterprise during its operation in the locality and enclose with a copy of the enterprise’s application dossier for license granting to the Department of Labor, Invalids and Social Affairs where the enterprise’s new headquarter is located.

In case the enterprise’s license is revoked according to Clause 1, Article 21 of this Decree, the competent state agency shall issue a decision on revocation and notify the Department of Labor, Invalids and Social Affairs where the enterprise’s new headquarter is located;

e) Within 03 working days from the date of receipt of the documents of the Department of Labor - Invalids and Social Affairs where the enterprise has been licensed, the competent state agency shall consider and re-granting the license to the enterprise; in case of the license re-granting is denied, the competent state agency shall reply in writing and clearly state the reasons therefor.

Article 21. License revocation

1. The enterprise’s license shall be revoked in the following cases:

a) Termination of employment service activities at the request of the enterprise;

b) The enterprise is dissolved or is declared bankrupt by the Court;

c) The enterprise has its Certificate of Business Registration revoked;

d) Allow other enterprises, organizations and individuals use the license;

dd) Being sanctioned for an administrative violation in the field of employment services for 03 times within a maximum period of 36 months from the date of the first sanction or deliberately failing to comply with the sanctioning decision;

e) The enterprise commits acts of forging documents in the application dossier for grant, extension or re-granting of the license or erasing or correcting the contents on the granted license;

g) Fail to satisfy the conditions specified in Article 14 of this Decree;

h) The legal representative of the enterprise is a foreigner who is not eligible to work in Vietnam as prescribed in Article 151 of the 2019 Labor Code.

2.  Application dossier for cases specified at points a, b and c, Clause 1 of this Article includes:

a) A written request for license revocation made according to Form No. 05 in Appendix II issued together with this Decree.

b) The granted license or the written commitment to take legal responsibility of the employment service provider in case the license is lost;

c) Report on the employment service activity of the enterprise made according to Form No. 08 in Appendix II issued together with this Decree.

3. Order and procedures for license revocation for cases specified at points a, b and c, Clause 1 of this Article shall be as follows:

a) The enterprise shall send 01 set of dossier as prescribed in Clause 2 of this Article to the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located.

b) The Department of Labor, Invalids and Social Affairs receives the application, checks and issues a receipt clearly stating the date, month and year of receipt of the complete application. Within 03 working days from the date of receipt of the dossier as prescribed, the competent state agency shall decide to revoke the license of the enterprise. Decision on license revocation made according to Form No. 06 in Appendix II issued together with this Decree.

4. Order and procedures for license revocation for cases specified at points d, dd, e, g and h, Clause 1 of this Article shall be as follows:

a) Upon discovery or at the request of the inspection, examination and audit recommendation of competent state agency for enterprises falling into the cases specified at points d, dd, e, g, Clause 1 of this Article, the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located shall inspect, collect relevant evidences or study the dossiers transferred by competent agencies and submit them to competent state agencies to revoke the license;

b) Within 03 working days from the date of receipt of the decision on license revocation, the employment service enterprise shall return the license to the Department of Labor, Invalids and Social Affairs.

5. The enterprise shall not be granted a license within 3 years from the date of license revocation for violations of the contents specified at points d, dd, e, g and h, Clause 1 of this Article.

Article 22. Responsibility of enterprise in case of license revocation or failure to be extended or re-granted license

Within 15 working days from the date of receipt the document from competent state agency on the failure to be extended or re-granted or be revoked the license, the enterprise is responsible for implementation of the following:

1. Liquidate employment service contracts in progress; perform obligations and responsibilities in employment service activities for agencies, organizations and individuals in accordance with law provisions.

2. Publish the termination of employment service activities on at least 01 online newspaper licensed to operate in accordance with law provisions for 07 consecutive days.

Section 2

DEPOSIT OF EMPLOYMENT SERVICE ENTERPRISE

Article 23. Deposit and use of deposit

1.  Enterprises shall make deposits according to the level specified in Clause 2, Article 14 of this Decree at Vietnamese commercial banks or legally established and operating branches of foreign banks in Vietnam (hereinafter referred to as deposit receiving banks).

2.  The enterprise’s deposit is used in case the enterprise fails to perform or fails to fulfill its obligations in employment service activities at the request of a competent state agency.

3.  Within 30 days from the date of withdrawal of the deposit to pay for the case specified at point d, Clause 1, Article 26 of this Decree, the enterprise must additionally pay the security deposit as prescribed in Clause 2 Article 14 of this Decree.

4.  If the enterprise fails to fully replenish the deposit within 30 days from the expiration date specified in Clause 3 of this Article, the deposit receiving bank shall notify in writing to the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located. Within 15 days after receiving the notice of the deposit receiving bank, the Department of Labor, Invalids and Social Affairs shall request the competent state agency to revoke the license of the enterprise as prescribed at point g Clause 1, Article 21 of this Decree.

Article 24. Deposit payment

1.  Employment service enterprise shall pay the deposit according to the regulations of the deposit receiving banks and comply with law provisions. Employment service enterprise shall receive deposit interest according to the regulations of the deposit receiving banks and comply with law provisions.

2.  The deposit receiving bank is responsible for issuing a deposit certificate for employment service activities according to Form No. 03 in Appendix II issued together with this Decree after the enterprise completed deposit procedures.

In case of changing one of the information on the deposit certificate for employment service activities, including: enterprise’s name, headquarter address, the enterprise shall send information to the deposit receiving bank.

Article 25. Deposit management

1. The deposit receiving bank is responsible for temporarily locking the entire deposit amount of the enterprise, managing the deposit in accordance with provisions of this Decree and law provisions on deposit.

2.  The deposit receiving bank shall allow the enterprise to withdraw the deposit in accordance with the provisions of Article 26 of this Decree and request the enterprise to additionally pay the deposit as prescribed in Clause 3, Article 23 of this Decree.

3.  The deposit receiving bank shall not allow the enterprise to withdraw the deposit without the written consent of the competent state agency which has authority in granting, extending, re-granting or revoking the license where the enterprise headquarter is located.

Article 26. Deposit withdrawal

1.  The competent state agency which has authority in granting, extending, re-granting or revoking the license where the enterprise headquarter is located shall decide to allow the enterprise to withdraw the deposit in the following cases:

a) The enterprise is not licensed;

b) The enterprise has its license revoked or its license is not extended or re-granted;

c) The enterprise has made the deposit at other deposit receiving bank;

d) Enterprise is in difficulties and cannot afford to pay compensation to employees and employers due to violations of regulations on employment services after 60 days from the due date of the compensation in accordance with law provisions.

2.  The dossier of request for deposit withdrawal sent to the Department of Labor, Invalids and Social Affairs shall include:

a) The written request for withdrawal of the enterprise’s deposit;

b) Certificate of deposit for employment services activities at another depository bank, for case of deposit withdrawal specified at point c, Clause 1 of this Article;

c) Report on fulfillment of obligations and documents proving the fulfillment of obligations in case of deposit withdrawal specified at point b, Clause 1 of this Article;

d) The plan to use the withdrawal amount from the deposit account, including the reason and purpose of withdrawing the deposit; list of employees, employers, amount, time and method of payment in case of withdrawal of deposit specified at point d, clause 1 of this Article.

3.   Dossier for deposit withdrawal to be sent to the deposit receiving bank, including:

a) The enterprise’s written request for deposit withdrawal specified at point a, Clause 2 of this Article;

b) A written consent of a competent state agency on the deposit withdrawal made according to Form No. 07 of Appendix II issued together with this Decree;

c) Deposit withdrawal documents as prescribed by the deposit receiving bank (if any).

4. The order and procedures for deposit withdrawal shall be as follows:

a) The enterprise shall send 01 set of dossier as prescribed in Clause 2 of this Article to the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located.

b) The Department of Labor, Invalids and Social Affairs receives the application, checks and issues a receipt clearly stating the date, month and year of receipt of the complete application.

Within 07 working days from the date of receipt of a complete application for deposit withdrawal from the enterprise, the Department of Labor, Invalids and Social Affairs shall check and verify the application and the fulfillment of obligations of the employment service enterprise in case specified at point b, Clause 1 of this Article and submit to the competent state agency for promulgation a written consent on the withdrawal of the deposit, the plan to use the deposit (if any), send it to the enterprise and the deposit receiving bank. In case of disagreement on the deposit withdrawal, a written reply shall be given to the enterprise, clearly stating the reason therefor;

c) After obtaining the written consent of the competent state agency on the deposit withdrawal, the enterprise shall submit the application as prescribed in Clause 3 of this Article at the deposit receiving bank;

d) The receiving bank shall receive and check the application for deposit withdrawal of the enterprise, if it is in accordance with regulations, the deposit receiving bank shall withdraw the deposit within 01 working day from the date of receiving the deposit withdrawal dossier.

In case of deposit withdrawal as prescribed at point d, Clause 1 of this Article, the payment and compensation to employees and employers shall be directly paid by the deposit receiving bank according to the plan approved by the competent state agency after deducting the cost of banking services.

Article 27. Responsibilities of the deposit receiving bank

1. Strictly comply with regulations on opening deposit account, deposit payment, deposit withdrawing, using deposit account of employment service enterprises and regulations related to this account.

2. Fully perform the responsibilities of the deposit receiving bank as prescribed in this Decree.

Section 3

ORGANIZATION AND OPERATION OF EMPLOYMENT SERVICE ENTERPRISE

Article 28. Employment service activities of enterprise

1. Consultancy activities, including:

a) Counseling, career orientation, national occupational skill qualification framework for employees to choose professions, training, retraining and practicing plans suitable to their abilities and aspirations;

b) Job counseling for employees to choose job position in accordance with their abilities and aspirations; counseling on skills to participate in recruitment; on self-employment, find job within the country and abroad;

c) Advising employers on labor recruitment, employment and management; on administration and job development, human resource development;

d) Consulting on labor and employment policies for employees and employers.

2.  Introduce jobs to employees.

3.  Labor supply and recruitment at the request of the employer, including:

a) Labor recruitment through entrance exams to select qualified people to meet the requirements of the employer;

b) Labor supply at the request of the employer;

c) Introduce labor to enterprises which is licensed to send Vietnamese workers to work abroad under contracts, organizations and individuals investing abroad or public non-business units affiliated to Ministries, ministerial-level agencies, agencies affiliated to the Government which are assigned the task of sending Vietnamese workers to work abroad under contracts according to the provisions of the Law on Vietnamese Guest Workers.

4.   Collect and provide labor market information.

5.  Analyze and forecast about labor market.

6.  Training skills to participate in interviews, job search and other work skills; vocational education in accordance with law provisions.

7.   Implement programs and projects on employment.

Article 29. Branch of employment service enterprise

1.  Enterprises have the right to establish branches providing domestic employment services according to provisions of the Law on Enterprise and satisfy the conditions specified in Clause 1, Article 14 of this Decree.

2. Within 10 working days from the date of decision to assign tasks to the branch, the enterprise must notify the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located and the Department of Labor, Invalids and Social Affairs where the enterprise’s branch headquarter is located (in case the branch location is different from the province where the enterprise has been licensed) together with proving documents of the conditions specified in Clause 1, Article 14 of this Decree .

3. Obligations of the branch of employment service enterprise

a) Publish the decision of the enterprise assigning tasks to the branch to provide employment services and a certified true copy of the enterprise’s original license to provide employment services at the branch’s headquarter;

b) Report to the Department of Labor, Invalids and Social Affairs where the branch’s headquarter is located every 06 months, annually or irregularly on the results of the branch’s employment service activities according to Form No. 08, Appendix II attached to this Decree.

4.  The employment service term of the branch shall not exceed the license term of the employment service enterprise.

Article 30. Notification of employment service activities

1.  Within 20 working days from the date of issuance of the license, the enterprise must publicly announce on the mass media about the license, location, field of operation, name of the legal representative currently operating employment service, phone number, e-mail, website.

2.  10 working days before the date of commencement of employment service activities, the enterprise shall notify in writing to the Department of Labor, Invalids and Social Affairs where the headquarter is located about the date of commencement of operation.

3.  In case of relocating the branch headquarter, the enterprise must send a document to the Department of Labor, Invalids and Social Affairs where the headquarter and branch is located together with documents proving the conditions specified in Clause 1 Article 14 of this Decree within 10 working days before the date of relocation.

Article 31. Responsibilities of employment service enterprise

1.  Publicly post certified copies of the original license or decision to revoke the license at the enterprise’s headquarter.

2.  Monitor the employment status of employees introduced or supplied by the enterprise for at least 03 months or during the performance of the labor contract (in cases of labor contract under 03 months).

3.  Making, updating and managing labor data registered for job consulting and introduction; employers register to recruit employees, connect and share when required by competent state agencies.

4.  Enterprises that perform part or the whole process of providing employment services by electronic means connected to the Internet, mobile telecommunications networks or other open networks must comply with the provisions of this Decree and the Government’s regulations on e-commerce.

5.  Set up employment service price and publish employment service price for employee at the enterprise’s headquarter in accordance with law provisions.

6.  Every 6 months and annually, report on employment service activities, made according to Form No. 08 in Appendix I issued together with this Decree, and send to the Department of Labor, Invalids and Social Affairs where its headquarter located. The 06-month report shall be sent before June 20 and the annual report shall be sent before December 20.

7.  Timely report in case of incidents related to employment service activities to local competent state agencies or at the request of state management agencies in charge of employment service activities.

8.  Fully perform the responsibilities of the employment service enterprise as prescribed in this Decree.

Chapter IV

AUTHORITY AND RESPONSIBILITIES

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

1. The Ministry of Labor, Invalids and Social Affairs is responsible for assisting the Government in performing the unified state management of employment service activities in nationwide scale.

2. To implement propaganda, dissemination, guidance, inspect and examination of law implementation on employment service activities.

3. To guide on economic-technical norms; process and standards for provision of public services on employment and other provisions of this Decree.

4. To guide and organize the performance of employment service tasks; connect and regulate the labor market information system and forecast regional labor market in the centers of the localities which are the center of the socio-economic region.

5. To decide on the establishment of the National Center for Employment Services to assist state management agencies in performing their tasks of employment services, labor market information, unemployment insurance and a number of other public services; coordinate and connect activities of employment service centers nationwide.

Article 33. Authority and responsibilities of Ministries, ministerial-level agencies

1. Ministers and heads of ministerial-level agencies shall decide on the establishment, re-organization, dissolution and define the functions, tasks, powers and organizational structure of the employment service centers as specified at point a, Clause 1 Article 2 of this Decree.

2. To review, arrange and consolidate employment service centers under their establishment competence to ensure operating standards and conditions as prescribed in this Decree.

3. To examine and inspect the operation of employment service centers under their management in accordance with law provisions.

4. To monitor, summarize and report every 06 months and annually on the operation of centers under their authority to establish and reorganize according to Form No. 09, Appendix II issued together with this Decree, and send it to the Ministry of Labor, Invalids and Social Affairs.

The 06-month report shall be sent before June 20 and the annual report shall be sent before December 20 of the reporting year. The time to finalize the reported data is in accordance with the Government’s regulations on the reporting regime of state administrative agencies.

Article 34. Authority and responsibilities of Central agencies of socio-political organizations

1. The Head of the Central socio-political organizations shall decide on the establishment, re-organization, dissolution and define the functions, tasks, powers and organizational structure of the employment service centers as specified at point c, Clause 1 Article 2 of this Decree.

2. To review, arrange and consolidate employment service centers under their establishment competence to ensure operating standards and conditions as prescribed in this Decree.

3. To examine the operation of employment service centers under their management in accordance with law provisions.

4. To monitor, summarize and report every 06 months and annually on the operation of centers under their authority to establish and reorganize according to Form No. 09, Appendix II issued together with this Decree, and send it to the Ministry of Labor, Invalids and Social Affairs.

The 06-month report shall be sent before June 20 and the annual report shall be sent before December 20 of the reporting year. The time to finalize the reported data is in accordance with the Government’s regulations on the reporting regime of state administrative agencies.

Article 35. Authority and responsibilities of the provincial People’s Committee

1. To perform state management of employment service activities in the locality.

2.  The Chairperson of the provincial People’s Committee shall decide on the establishment, re-organization, dissolution and define the functions, tasks, powers and organizational structure of the employment service centers as specified at point b, Clause 1 Article 2 of this Decree.

3.  To review, arrange and consolidate employment service centers on the locality to ensure standards and conditions as prescribed in Article 3 of this Decree and maintain employment service centers established by state management agencies in charge of employment to implement employment policies, develop the labor market and provide unemployment insurance.

4.  To allocate funding from the State budget to the Employment service center under its management according to the Government’s regulations on financial autonomy regime of non-business units.

5.  To decide to assign and adjust the number of people working with salary from the State budget for centers that cover part of their recurrent expenditures and centers which recurrent expenditures are guaranteed by the State budget within the scope of their management within the total number of employees approved by the provincial People’s Council and the number of people working with salary from non-business revenues for centers that cover part of their recurrent expenses.

6.  To organize of granting, extending, re-granting or revoking employment service activity license or authorizing the Department of Labor, Invalids and Social Affairs to grant, extend, re-grant or revoke employment service license of the enterprise.

7. To implement propaganda, dissemination, guidance, inspect, examination and monitor of law implementation on employment service activities on the locality.

8. To announce the enterprise which is granted, extended, re-granted or revoked of employment service operation license on the website.

9. To monitor, summarize and report every 06 months and annually on the situation of employment service activities in the management area according to Form No. 09, Appendix II issued together with this Decree, and send it to the Ministry of Labor, Invalids and Social Affairs.

The 06-month report shall be sent before June 20 and the annual report shall be sent before December 20 of the reporting year. The time to finalize the reported data is in accordance with the Government’s regulations on the reporting regime of state administrative agencies.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 36. Transitional provisions

1. Enterprises that have been granted, re-granted or extended licenses before the effective date of this Decree shall conduct the following:

a) To continue performing employment service activities until the license expires and the license shall not be revoked due to failure to satisfy the conditions specified in Clause 3, Article 14 of this Decree;

b) If the license is revoked in one of the cases specified at points a, b, c, d, dd, e, h, Clause 1, Article 21 of this Decree, or fails to satisfy one of the conditions specified in Clauses 1 and 2, Article 14 of this Decree, the Department of Labor, Invalids and Social Affairs where the enterprise’s headquarter is located shall revoke it according to the provisions of Article 21 of this Decree.

2. The enterprise has fully submitted the application for granting, re-granting and extending the license and ensuring the conditions for licensing as prescribed in the Decree No. 52/2014/ND-CP dated May 23, 2014 of the Government on providing conditions and procedures for granting employment service provision licenses to employment service enterprises (hereinafter referred to as the Decree No. 52/2014/ND-CP); the Decree No. 140/2018/ND-CP dated October 08, 2018 of the Government on amendments to decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as the Decree No. 140/2018/ND-CP) before the effective date of this Decree shall be granted, re-granted and extended as prescribed in the Decree No. 52/2014/ND-CP and the Decree No. 140/2018/ND-CP.

3. Employment service centers established and operating according to the Government’s Decree No. 196/2013/ND-CP dated November 21, 2013 on the establishment and operation of employment service centers are entitled to continue to operate.

If the employment service centers fail to satisfy the conditions specified in Clause 1, Article 3 of this Decree, it must fully supplement the conditions within 12 months; in case of insufficient supplement, the employment service operation must be terminated.

Article 37. Effect

1.  This Decree takes effect on June 01, 2021.

2. The Decree No. 196/2013/ND-CP dated November 21, 2013 of the Government on the establishment and operation of employment service centers; the Decree No. 52/2014/ND-CP; Article 10 and Article 12 of the Decree No. 140/2018/ND-CP shall be expired from the effective date of this Decree.

Article 38. Implementation responsibility

The Ministers, the Heads of ministerial-level agencies, the Heads of government attached agencies, the Heads of socio-political organizations, the Chairpersons of provincial and municipal People’s Committees and relevant agencies, organizations, individuals shall implement this Decree.

For the Government

The Prime Minister

Nguyen Xuan Phuc
 

* All Appendices are not translated herein.