Decree 352/2025/ND-CP detailing articles of the Law on Employment regarding employment services

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Decree No. 352/2025/ND-CP dated December 30, 2025 of the Government detailing a number of articles of the Law on Employment regarding employment services
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Official number:352/2025/ND-CPSigner:Pham Thi Thanh Tra
Type:DecreeExpiry date:Updating
Issuing date:30/12/2025Effect status:
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Fields:Enterprise, Labor - Salary
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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

THE GOVERNMENT
__________

No. 352/2025/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 _______________________

Hanoi, December 30, 2025

 

DECREE

Detailing a number of articles of the Law on Employment regarding employment services

__________________

 

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Employment No. 74/2025/QH15;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree detailing a number of articles of the Law on Employment regarding employment services.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree details a number of contents regarding employment services as prescribed in Clause 5 Article 27 and Clause 5 Article 28 of the Law on Employment No. 74/2025/QH15, and the national employment exchange and withdrawal of deposit for employment service activities.

Article 2. Subject of application

1. Employment service organizations prescribed in Clause 2 Article 27 of Law No. 74/2025/QH15, including:

a) Public employment service organizations;

b) Employment service enterprises.

2. Other agencies, organizations and individuals involved in employment service activities.

 

Chapter II

CONDITIONS FOR ESTABLISHMENT, ORGANIZATION AND OPERATION OF PUBLIC EMPLOYMENT SERVICE ORGANIZATIONS

 

Article 3. Public employment service organizations

1. Public employment service organizations are public non-business units, including:

a) Public employment service organizations established by state management agencies in charge of employment;

b) Public employment service organizations established by socio-political organizations.

2. Public employment service organizations have their own seals and accounts.

3. Public employment service organizations operate under the autonomy mechanism applicable to public non-business units in accordance with the law regulations.

Article 4. Conditions for establishment, reorganization and dissolution

1. An established public employment service organization must satisfy the conditions for establishment of public non-business units in accordance with the Government’s regulations on the establishment, reorganization and dissolution of public non-business units and the following conditions:

a) Having a website ensuring connection and data sharing with the national employment exchange https://www.vieclam.gov.vn);

b) Having equipment to perform the tasks as prescribed in Article 7 of this Decree in conformity with the standards and norms for specialized machinery and equipment issued by competent authorities;

c) The competent agency establishing the organization must ensure funding for public non-business service activities related to employment in accordance with the law regulations.

2. Conditions for reorganization and dissolution of public employment service organizations shall comply with the Government’s regulations on the establishment, reorganization and dissolution of public non-business units.

3. A newly established or reorganized public employment service organization must implement its plan on headquarters, equipment and personnel within 90 days from the date of issuance of the Decision on the establishment of the organization.

Where it is necessary to establish a public employment service organization, such public employment service organization must ensure all current expenditures and investment expenditures on its own.

Article 5. Order and procedures for establishment, reorganization and dissolution

1. The order, procedures and dossier for establishment, reorganization or dissolution of a public employment service organization shall comply with the Government’s regulations on the establishment, reorganization and dissolution of public non-business units.

2. A public employment service organization prescribed at Point b Clause 1 Article 3 of this Decree shall be established only when obtaining a written approval from the provincial-level People’s Committee where its headquarters is located.

3. Within 03 working days from the date of issuance of the Decision on establishment, reorganization or dissolution of a public employment service organization, the agency competent to establish, reorganize or dissolve the public employment service organization shall post such Decision on the portal or website of the agency issuing the Decision and on the national employment exchange.

Article 6. Name of a public employment service organization

1. A public employment service organization has its names in Vietnamese and foreign languages and an own symbol (if any).

2. The name and symbol of a public employment service organization must ensure the following principles:

a) Containing the phrases “Center” and “employment service”;

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

c) Not duplicating or causing confusion with the name or symbol of another unit previously established.

Article 7. Operation contents of public employment service organizations

1. Tasks of public employment service organizations

a) Counseling activities, including:

Providing career counseling and orientation; counseling on the national occupational qualifications and skills framework

Providing employment counseling for employees to select positions suitable to their capabilities and aspirations;

Providing counseling on skills for participating in recruitment; on self-employment; and on seeking employment domestically and abroad;

Providing counseling for agencies, organizations and individuals on recruitment, employment and management of employees; on employment governance and development, and human resource development;

Providing counseling on labor and employment policies for employees and employers.

b) Job placement for employees, including:

Providing job placement in Vietnam for employees;

Providing job placement abroad for employees through enterprises licensed to send Vietnamese workers abroad as guest workers, organizations and individuals investing abroad, or public non-business units under ministries, ministerial-level agencies or government-attached agencies assigned to send Vietnamese workers abroad as guest workers in accordance with the Law on Vietnamese Guest Workers.

c) Supplying and introducing employees to employers, including:

Recruiting employees through examinations in order to select and introduce persons who satisfy the conditions and meet the requirements of employers;

Introducing employees at the request of employers.

d) Collecting, analyzing, storing and providing information on the labor market.

2. Public employment service organizations established by provincial-level state management agencies in charge of employment shall perform the contents prescribed in Clause 1 of this Article and carry out the receipt and settlement of dossiers of request for unemployment insurance in accordance with the Government’s regulations on unemployment insurance.

3. Public employment service organizations established by central state management agencies in charge of employment shall perform the tasks prescribed at Point d Clause 1 of this Article; support state management agencies in performing tasks relating to employment services, labor market information and unemployment insurance; manage and operate the national employment exchange; and coordinate and connect the activities of public employment service organizations nationwide.

Article 8. Organizational structure

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

2. Based on their scale and nature of operations, agencies competent to decide on the establishment, reorganization and dissolution of public employment service organizations shall prescribe the functions, tasks, powers and organizational structure of such public employment service organizations. The establishment of divisions under public employment service organizations shall comply with the Government’s regulations on the establishment, reorganization and dissolution of public non-business units.

3. The number of personnel of public employment service organizations shall be determined on the basis of job positions, the workload of each job position, economic and technical norms corresponding to the tasks prescribed in Article 7 of this Decree.

The Minister of Home Affairs shall provide guidance on leadership and managerial job positions and professional titles, the structure of public employees according to professional titles, and norms for the number of personnel in public employment service organizations.

Article 9. Funding sources

1. State budget sources in accordance with the Government’s regulations on the financial autonomy mechanism applicable to public non-business units.

2. Funding sources from the unemployment insurance fund in accordance with the Government’s regulations on the financial mechanism for unemployment insurance and expenses for the organization and operation of unemployment insurance.

3. Revenue sources from service activities of public employment service organizations in accordance with the laws.

4. Other lawful revenues.

Article 10. Management of employment service activities

1. Public employment service organizations shall receive and make dossiers of agencies, organizations and individuals registering for counseling, job seeking, labor supply and introduction, using the Forms No. 01, 01a, 02, 03, 03a in Appendix I issued together with this Decree.

2. Within 20 working days from the date the employer notifies the recruitment of employees, public employment service organizations shall update the results on the national employment exchange; and monitor the employment status of employees introduced by the public employment service organizations for at least 01 month or during the term of the labor contracts for cases where such term is less than 01 month, using the Form No. 04 in Appendix I issued together with 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 employees and employers when meeting sufficient conditions in accordance with the law regulations and guidance of the Ministry of Home Affairs; documents used in electronic transactions in the field of employment services shall have the same legal validity as transactions conducted by paper documents.

Article 11. Responsibilities of public employment service organizations

1. Providing counseling and job placement for employees and providing labor market information free of charge.

2. Receiving and providing employment services on the national employment exchange in accordance with the guidance of the Ministry of Home Affairs.

3. Publicly posting working hours and procedures for provision of employment services; ensuring the quality of public employment services according to criteria and standards prescribed by competent state agencies.

4. Ensuring safety and confidentiality of personal data, labor data and employment transaction data in accordance with law regulations; developing and implementing measures to prevent, detect, warn and combat fraudulent and deceptive acts in employment service activities.

5. Organizing the implementation of employment transaction activities and employment transaction sessions; collecting, storing and analyzing labor market forecasts in their locality.

6. Collecting and updating data of job seekers and labor recruitment demand of organizations and individuals into the database system.

7. Complying with the law on the organization and operation of public employment service organizations.

8. Every 06 months (before June 20) and annually (before December 20), public employment service organizations shall report on the results of employment service activities to the provincial-level Department of Home Affairs through the national employment exchange, using the Form No. 01 in Appendix III issued together with this Decree.

Biannual reports: The period for closing data shall be counted from December 15 of the year preceding the reporting period to June 14 of the reporting period.

Annual reports: The period for closing data shall be counted from December 15 of the year preceding the reporting period to December 14 of the reporting period.

 

Chapter III

EMPLOYMENT SERVICE ENTERPRISES

 

Article 12. Contents of employment service activities of enterprises

1. Counseling activities, including:

a) Providing career counseling and orientation; counseling on the national occupational qualifications and skills framework;

b) Providing employment counseling for employees to select positions suitable to their capabilities and aspirations;

c) Providing counseling on skills for participating in recruitment; on self-employment; and on seeking employment domestically and abroad;

d) Providing counseling for agencies, organizations and individuals on recruitment, employment and management of employees; on employment governance and development, and human resource development;

dd) Providing counseling on labor and employment policies for employees and employers.

2. Job placement for employees, including:

a) Providing job placement in Vietnam for employees;

b) Providing job placement abroad for employees through enterprises licensed to send Vietnamese workers abroad as guest workers, organizations and individuals investing abroad, or public non-business units under ministries, ministerial-level agencies or government-attached agencies assigned to send Vietnamese workers abroad as guest workers in accordance with the Law on Vietnamese Guest Workers.

3. Supplying and introducing employees to employers, including:

a) Recruiting employees through examinations in order to select and introduce persons who satisfy the conditions and meet the requirements of employers;

b) Introducing employees at the request of employers.

4. Collecting, analyzing, storing and providing information on the labor market.

Article 13. Competence to grant, re-grant, extend and revoke an employment service operation license

1. Provincial-level People’s Committees have the competence to issue, re-issue, extend and revoke the employment service operation licenses for enterprises having their headquarters conducting employment service activities in their localities.

2. Provincial-level People’s Committees shall decide on the decentralization or authorization for the performance of the tasks and powers prescribed in Clause 1 of this Article in accordance with the Law on Organization of Local Administration No. 72/2025/QH15.

3. Within 03 working days from the date of grant, re-grant, extension or revocation of employment service operation licenses, the agencies competent to grant, re-grant, extend or revoke the employment service operation licenses (hereinafter referred to as the competent agencies) shall post the granted, re-granted or extended employment service operation licenses or the decisions on revocation of employment service operation licenses on the portal or website of the agencies issuing the licenses or the Decisions and on the national employment exchange.

Article 14. Employment service operation licenses

1. An employment service operation license (hereinafter referred to as the license) shall be granted, re-granted or extended by the competent agency to enterprises satisfying all conditions prescribed in Article 15 of this Decree.

2. Contents of the license shall comply with Form No. 01 in Appendix II issued together with this Decree.

3. The validity period of the license shall be as follows:

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

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

c) The validity period of a re-granted license shall be equal to the remaining validity period of the previously issued license.

Article 15. Conditions for grant of a license for employment service activities

1. Having a headquarters or branch of the enterprise, or premises leased by the enterprise under a contract for organization of employment service activities with a remaining term of at least 02 years (24 months) until the time the enterprise submits the dossier of request for grant of the license.

2. Having made a deposit for employment service activities of VND 300,000,000 (Three hundred million Vietnamese dong).

3. The at-law representative of the enterprise operating employment service activities must be a person who does not have a limited civil act capacity or have not lost his/her civil act capacity; having a university degree or higher or having at least 02 years (24 months) of experience in the field of employment services or labor supply.

Article 16. Deposit for employment service activities

1. An enterprise shall make a deposit according to the level prescribed in Clause 2 Article 15 of this Decree at a commercial bank of Vietnam or a branch of a foreign bank established and operating lawfully in Vietnam (hereinafter referred to as the deposit-receiving bank).

The interest rate of the deposit shall be agreed upon by the enterprise and the deposit-receiving bank in the deposit agreement, ensuring compliance with the regulations on interest rates for deposits in Vietnamese dong of the State Bank of Vietnam in each period.

2. The deposit of the enterprise shall only be used to settle financial obligations arising in cases the enterprise fails to perform or fails to fully perform its obligations in employment service activities at the request of the competent agency.

Within 30 days from the date the deposit is used, the enterprise must refund the amount used and ensure the deposit level in accordance with the regulations.

3. The enterprise may withdraw the deposit where the enterprise falls into one of the following cases:

a) The enterprise is not granted the license;

b) The enterprise has its license revoked or is not granted extension or re-granted the license, or the license expires;

c) The enterprise has made a deposit at another deposit-receiving bank;

d) The enterprise faces difficulties and is unable 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 regulations.

4. A dossier of request for deposit withdrawal submitted to the competent agency includes:

a) A written request for withdrawal of the deposit of the enterprise, made using the Form No. 08 in Appendix II issued together with this Decree;

b) The certificate of deposit for employment service activities at another deposit-receiving bank in case of deposit withdrawal prescribed at Point c Clause 3 of this Article;

c) A report on the fulfillment of obligations and documents proving the fulfillment of obligations (if any) in case of deposit withdrawal prescribed at Point b Clause 3 of this Article;

d) A plan for the use of the amount withdrawn from the deposit account, including: the reason and purpose for withdrawal of the deposit; the list of employees and employers, the amount of money, time and method of payment in case of deposit withdrawal prescribed at Point d Clause 3 of this Article.

5. Order and procedures for withdrawal of the deposit for employment service activities are as follows:

a) The enterprise shall submit 01 dossier of request for deposit withdrawal prescribed in Clause 4 of this Article directly or through the public postal service or through hiring services of enterprises or individuals or via authorization to the provincial-level public administrative service center where the enterprise’s headquarters conducting employment service activities is located, or submit the dossier online via the national public service portal;

b) Within 05 working days from the date of receiving a complete and valid dossier, the competent agency shall inspect and verify the enterprise’s dossier and fulfillment of obligations prescribed at Point b Clause 3 of this Article and issue a written approval for deposit withdrawal, made using the Form No. 09 in Appendix II issued together with this Decree, and the plan for use of the deposit (if any) 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.

6. The deposit-receiving bank shall be responsible for

a) Issuing a certificate of deposit for employment service activities, made using the Form No. 02 in Appendix II issued together with this Decree after the enterprise completes procedures for deposit;

b) Strictly complying with regulations on opening deposit accounts, deposit payment, deposit withdrawal, using deposit accounts of employment service enterprises and regulations related to these accounts;

c) Not allowing the enterprises to withdraw their deposits without a written approval for deposit withdrawal from the competent agency where the headquarters for conducting employment service activities of the enterprise is located;

d) Notifying in writing the competent agency where the headquarters for conducting employment service activities of the enterprise is located within 03 working days from the date an enterprise withdraws its deposit;

dd) Fully performing the responsibilities of the deposit-receiving banks as prescribed in this Decree and other relevant law regulations.

Article 17. Dossiers, order and procedures for grant of licenses

1. A dossier of request for grant of a license must comprise:

a) Written request for grant of a license, using the Form No. 03 in the Appendix II issued together with this Decree;

b) 01 original of the certificate of deposit for employment service activities, made using the Form No. 02 in Appendix II issued together with this Decree;

c) 01 valid copy (including a copy issued from the original register or a certified copy or an electronically certified copy or a copy compared with the original) of the certificate of ownership of houses and other land-attached assets or the contract for lease of the premises for employment service activities with a remaining term of at least 02 years (24 months) from the time the enterprise submits the dossier of request for grant of a license.

In case the information on the certificate of ownership of houses and other land-attached assets is already available on the national land database, the copy of the certificate as prescribed at this Point is not required.

d) 01 valid copy of the professional diploma or 01 valid copy of documents proving experience (decision on appointment or employment contract or working contract or record of participation in social insurance or certification of experience issued by the previous employer) of the at-law representative of the enterprise operating employment service activities.

In case the document proving experience is issued by a foreign agency, it must be translated into Vietnamese, certified and consular legalized in accordance with the law regulations.

In case the information on the employment contract or working contract or record of participation in social insurance of the at-law representative of the enterprise operating employment service activities is already available on the national database on social insurance or the database on employees, documents proving experience prescribed at this Point is not required.

2. Order and procedures for grant of the license shall be as follows:

a) The enterprise shall submit 01 dossier of request for grant of a license prescribed in Clause 1 of this Article directly or through the public postal service or through hiring services of enterprises or individuals or via authorization to the provincial-level public administrative service center where its head office conducting employment service activities is located, or submit the dossier online via the national public service portal;

b) Within 05 working days from the date of receipt of a complete and valid dossier of request for grant of a license, the competent agency shall consider and grant the license to the enterprise, using the Form No. 01 in Appendix II issued together with this Decree. In case of refusal to grant the license, it shall issue a written reply, clearly stating the reason.

Article 18. Dossiers, order and procedures for re-grant of licenses

1. A license shall be re-granted in the following cases:

a) Change of the name of the licensed enterprise in accordance with the law on enterprises;

b) Change of the at-law representative of the enterprise operating employment service activities;

c) Change of the address of the enterprise’s headquarters conducting employment service activities but still within the provincial-level locality where the license was granted;

d) The license contains incorrect information, is damaged and cannot be used, or cannot be authenticated;

dd) Loss of the license;

e) Change of the address of the headquarters to a province-level locality different from the place where the license was granted.

2. A dossier of request for re-grant of a license defined in Clause 1 of this Article must comprise:

a) Written request for re-grant of a license, using the Form No. 04 in the Appendix II issued together with this Decree;

b) The document prescribed at Point c Clause 1 Article 17 of this Decree, for the cases prescribed at Points c and e Clause 1 of this Article;

c) The document prescribed at Point d Clause 1 Article 17 of this Decree for the case prescribed at Point b Clause 1 of this Article;

d) The previously renewed license for the cases prescribed at Points a, b, c, d and e Clause 1 of this Article.

3. Order and procedures for re-grant of license for the cases specified at Point a, b, c, d and dd Clause 1 of this Article shall be as follows:

a) The enterprise shall submit 01 dossier of request for re-grant of license prescribed in Clause 2 of this Article directly or through the public postal service or through hiring services of enterprises or individuals or via authorization to the provincial-level public administrative service center where the enterprise’s headquarters conducting employment service activities is located, or submit the dossier online via the national public service portal;

b) Within 03 working days from the date of receiving a complete and valid dossier of request for re-grant of a license, the competent agency shall consider and re-grant the license to the enterprise, using the Form No. 01 in Appendix II issued together with this Decree. In case of refusal to re-grant the license, it shall issue a written reply, clearly stating the reason.

4. Order and procedures for re-grant of license for the cases specified at Point e Clause 1 of this Article shall be as follows:

a) The enterprise shall submit 01 dossier of request for re-grant of license prescribed in Clause 2 of this Article directly or through the public postal service or through hiring services of enterprises or individuals or via authorization to the provincial-level public administrative service center where the enterprise’s new headquarters conducting employment service activities is located, or submit the dossier online via the national public service portal;

b) Within 02 working days from the date of receiving a complete and valid dossier of request for re-grant of the license, the agency competent to consider and re-grant the license where the enterprise proposes to locate its new headquarters shall send a written request to the competent agency previously granting the license to the enterprise for provision of a copy of the dossier of request for grant of the license and confirmation that the enterprise does not fall into the cases subject to revocation of the license;

c) Within 03 working days from the date of receiving the written request from the agency competent to re-grant the license where the enterprise proposes to locate its new headquarters, the competent agency previously granting the license to the enterprise shall send a written reply on the operation of the enterprise during its operation duration in the locality, enclosing a copy of its dossier of request for grant of license to the agency competent to re-grant the license where the enterprise proposes to locate its new headquarters.

In case the enterprise has its license revoked as prescribed in Clause 1 Article 20 of this Decree, the competent agency previously granting the license to the enterprise shall issue the Decision on revocation and notify the agency competent to re-grant the license where the enterprise proposes to locate its new headquarters;

d) Within 03 working days from the date of receiving the written reply from the competent agency previously granting the license to the enterprise, the agency competent to re-grant the license where the enterprise proposes to locate its new headquarters shall consider and re-grant the license to the enterprise, using the Form No. 01 in Appendix II issued together with this Decree. In case of refusal to re-grant the license, it shall issue a written reply, clearly stating the reason.

Article 19. Dossiers, order and procedures for extension of licenses

1. A license shall be extended when the following requirements are satisfied:

a) Satisfy the conditions specified in Article 15 of this Decree;

b) Not falling into the cases subject to revocation of the license as prescribed in Clause 1 Article 20 of this Decree;

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

d) Dossier of request for license extension is submitted to the agency competent to extend the license at least 30 working days before the expiry date of the license.

2. A dossier of request for license extension includes:

a) A written request for extension of the license, made using the Form No. 05 in Appendix II issued together with this Decree;

b) The document prescribed at Point c Clause 1 Article 17 of this Decree;

c) The document prescribed at Point d Clause 1 Article 17 of this Decree in case the enterprise requests extension of the license simultaneously changes the at-law representative of the enterprise operating employment service activities.

3. Order and procedures for license extension shall be as follows:

a) The enterprise shall submit 01 dossier of request for extension of license prescribed in Clause 2 of this Article directly or through the public postal service or through hiring services of enterprises or individuals or via authorization to the provincial-level public administrative service center where the enterprise’s headquarters conducting employment service activities is located, or submit the dossier online via the national public service portal;

b) Within 03 working days from the date of receiving a complete and valid dossier of request for license extension, the competent agency shall consider and extend the license for the enterprise, using the Form No. 01 in Appendix II issued together with this Decree. In case of refusal to extend the license, it shall issue a written reply, clearly stating the reason.

Article 20. Dossiers, order and procedures for revocation of licenses

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

a) The enterprise violates Clauses 2, 3 and 4 Article 5 of Law No. 74/2025/QH15;

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

c) The enterprise has its business registration certificate revoked; the enterprise is dissolved or bankrupt;

d) The enterprise fails to maintain the conditions prescribed in Article 15 of this Decree;

dd) The enterprise allows another enterprise, organization or individual to use its license;

e) The enterprise is 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 intentionally failing to comply with the sanctioning decision;

g) The at-law representative of the enterprise operating employment service activities is a foreigner not eligible to work in Vietnam as prescribed in Article 151 of the Labor Code No. 45/2019/QH14.

2. A dossier of request for revocation of license for the cases specified at Points b and c Clause 1 of this Article includes:

a) Written request for revocation of a license, made using the Form No. 06 in the Appendix II issued together with this Decree;

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

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

a) The enterprise shall submit 01 dossier of request for revocation of a license prescribed in Clause 2 of this Article directly or through the public postal service or through hiring services of enterprises or individuals or via authorization to the provincial-level public administrative service center where its head office conducting employment service activities is located, or submit the dossier online via the national public service portal;

b) Within 03 working days from the date of receipt of a complete and valid dossier of request for revocation of a license, the competent agency shall consider and issue the decision on license revocation, made using the Form No. 07 in Appendix II issued together with this Decree. In case of refusal to revoke the license, it shall issue a written reply, clearly stating the reason.

4. Order and procedures for license revocation for the cases specified at Points a, d, dd, e and g Clause 1 of this Article are as follows:

a) Upon detection or at the request, recommendation of inspection, examination, audit of a competent state agency for an enterprise falling into the cases specified at Points a, d, dd, e or g Clause 1 of this Article, the competent agency of the locality where its head office conducting employment service activities is located shall inspect, collect relevant evidences or study the dossier transferred by the competent agencies to consider issuing the Decision on revocation of the license;

b) Within 05 working days from the date of receiving the Decision on revocation of the license, the enterprise shall return the license to the agency competent to revoke the license where its head office conducting employment service activities is located and ensure other lawful rights and interests of agencies, organizations and individuals using employment services provided by the enterprise in accordance with the law regulations.

5. The enterprise shall not be granted a license within 3 years from the date of license revocation for the cases specified at Points a, d, dd, e or g Clause 1 of this Article.

Article 21. Branch of an employment service enterprise

1. An enterprise has the right to establish branches providing domestic employment services in accordance with the Law No. 59/2020/QH14 on Enterprise and it must satisfy the conditions specified in Clause 1, Article 15 of this Decree.

2. Within 10 working days from the issuance date of decision to assign tasks to the branch, the enterprise must send a notice to the competent agency of the locality where its headquarters conducting employment service activities is located and the competent agency of the locality where the head office of its branch is located (in case the branch location is different from the province where the enterprise has been licensed), enclosing documents proving the satisfaction of the conditions specified in Clause 1, Article 15 of this Decree.

3. Obligations of the branch of employment service enterprise

a) Publicize the enterprise’s decision to assign tasks to the branch to conduct employment service activities and a copy certified from the enterprise’s original employment service operation license at the branch’s head office;

b) Every 06 months (before June 20) and annually (before December 20), report to the competent agency of the locality where the branch’s head office is located on the results of employment service activities of the branch through the national employment exchange, using the Form No. 02 in Appendix III issued together with this Decree.

Biannual reports: The period for closing data shall be counted from December 15 of the year preceding the reporting period to June 14 of the reporting period.

Annual reports: The period for closing data shall be counted from December 15 of the year preceding the reporting period to December 14 of the reporting period.

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

Article 22. Notification of employment service activities

1. Within 20 working days from the date of grant of the license, the enterprise must publicly announce on the mass media about the license, location, field of operation, name of the at-law representative operating employment service activities, website (if any), e-mail, and phone number.

2. 10 working days before the date of commencement of employment service activities, the enterprise shall notify in writing the date of commencement of operation to the competent agency where its headquarters conducting employment service activities is located.

3. In case of relocating the branch’s head office, the enterprise must send a document to the competent agency where the branch’s new head office is located together with documents proving the conditions specified in Clause 1 Article 15 of this Decree within 10 working days before the date of relocation.

Article 23. Responsibilities of employment service enterprises

1. Publicly posting at the headquarters conducting employment service activities and branches of the enterprise a certified copy from the original of its license, working schedule, prices of counseling and job placement services; and the contact information of the enterprise including name of the enterprise, address of the headquarters and branches, website (if any), e-mail and telephone number.

2. Within 20 working days from the date the employer notifies the recruitment of employees, the enterprise shall update the results on the national employment exchange; monitor the employment status of employees introduced by the enterprise for at least 01 month or during the term of the labor contract in cases the labor contract is performed for under 01 month using the Form No. 04 in Appendix I issued together with this Decree.

3. Establishing, updating and managing data of employees registering for counseling and job placement; employers registering recruitment of employees; and implementing connection and sharing of information and data in accordance with the guidance of the Ministry of Home Affairs.

4. Ensuring safety and confidentiality of personal data, labor data and employment transaction data in accordance with law regulations; developing and implementing measures to prevent, detect, warn and combat fraudulent and deceptive acts in employment service activities.

5. Enterprises conducting employment service business through e-commerce methods shall be responsible for connecting, sharing and synchronizing information and data on the national employment exchange.

6. Within 15 working days from the date of receiving the written notice of the agency competent regarding refusal to re-grant or refusal to extend or revocation of the license, the enterprise shall liquidate the employment service contracts currently being performed; and perform obligations and responsibilities in employment service activities toward agencies, organizations and individuals in accordance with the law regulations.

7. Every 06 months (before June 20) and annually (before December 20), reporting on the results of employment service activities to the competent agency through the national employment exchange, using the Form No. 02 in Appendix III issued together with this Decree.

Biannual reports: The period for closing data shall be counted from December 15 of the year preceding the reporting period to June 14 of the reporting period.

Annual reports: The period for closing data shall be counted from December 15 of the year preceding the reporting period to December 14 of the reporting period.

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

 

Chapter IV

COMPETENCE AND RESPONSIBILITIES

 

Article 24. Competence and responsibilities of the Ministry of Home Affairs

1. The Ministry of Home Affairs shall be responsible for assisting the Government in performing the unified state management of employment service activities nationwide.

2. Organizing the implementation, communication, dissemination, guidance, monitoring of implementation, specialized inspection and supervision of the implementation of this Decree.

3. Deciding on the establishment of the National Center for Employment Services to perform the tasks prescribed in Clause 3 Article 7 of this Decree.

4. Developing and managing the national employment exchange operating on a digital platform to connect, integrate and share data on labor and employment nationwide in order to support employment transactions, state management, and labor market analysis and forecasting.

The Ministry of Home Affairs shall promulgate regulations, perform management and operation of the national employment exchange in accordance with the laws on cyber security, electronic transactions, personal data protection and other relevant laws.

Article 25. Competence and responsibilities of central agencies of socio-political organizations

1. Reviewing, arranging and consolidating public employment service organizations under their competence of establishment to ensure the standards and conditions for operation prescribed in this Decree.

2. Inspecting the activities of public employment service organizations under their management in accordance with law regulations.

3. Monitoring, consolidating and submitting biannual and annual reports on the operation of public employment service organizations under their competence of establishment and reorganization, using the Form No. 03 in Appendix III issued together with this Decree to the Ministry of Home Affairs.

Article 26. Competence and responsibilities of provincial-level People’s Committees

1. Organizing the implementation of this Decree in the localities; inspecting and submitting biannual and annual reports or extraordinary reports on the results of employment service activities within their managed localities, using the Form No. 03 in Appendix III issued together with this Decree to the Ministry of Home Affairs.

2. Deciding on the establishment, reorganization, change of name, dissolution, and prescribing the organizational structure, tasks and powers of public employment service organizations under provincial-level People’s Committees in accordance with the law regulations; ensuring the maintenance of public employment service organizations under the provincial-level Department of Home Affairs to implement employment policies, develop the labor market and unemployment insurance.

3. Formulating and submitting to the People’s Councils of the same level for consideration and promulgation a Resolution on the estimate of local budget expenditures for implementation of counseling and job placement activities for employees not subject to participation in unemployment insurance and provision of labor market information through public employment service organizations.

4. Deciding on specific regimes, standards and norms of the budget expenditures assigned by the People’s Councils of the same level for employment service activities in the localities; deciding on the allocation and assignment of expenditure estimates for employment service contents in accordance with the law regulations on the state budget.

5. Managing the number of personnel receiving salaries from the state budget in public employment service organizations under the management scope of the localities in accordance with laws.

 

CHAPTER V

IMPLEMENTATION PROVISIONS

 

Article 27. Effect

1. This Decree takes effect on January 01, 2026.

2. The Decree No. 23/2021/ND-CP dated March 19, 2021 of the Government on detailing Clause 3 Article 37 and Article 39 of the Law on Employment on employment service centers and employment service enterprises shall cease to be effective from the effective date of this Decree.

Article 28. Transitional provision

1. Enterprises that have been granted, re-granted or extended their licenses before the effective date of this Decree may continue to conduct their employment service activities until the expiry of the license, except for cases where their licenses are revoked in accordance with Clause 1 Article 20 of this Decree.

2. Points c and e Clause 1 Article 18 of this Decree shall not apply to cases where enterprises change the address of their headquarters conducting employment service activities compared with the address stated in the license due to the arrangement or reorganization of administrative units at all levels, except for the cases where the enterprises request re-grant of the license.

3. Enterprises that have submitted complete dossiers of request for grant, re-grant, extension or revocation of the license and satisfy all conditions under Decree No. 23/2021/ND-CP before the effective date of this Decree but have not yet been granted, re-granted, extended or have not had their license revoked shall not be required to repeat the completed administrative procedure steps and shall be granted, re-granted, extended or have their license revoked in accordance with this Decree.

4. Public employment service organizations established and operating in accordance with Decree No. 23/2021/ND-CP may continue their operation. In cases the conditions prescribed in Clause 1 Article 4 of this Decree are not satisfied, such organizations must supplement the required conditions within 24 months; in case of insufficient supplement, their employment service activities must be terminated.

Article 29. Responsibility of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, heads of socio-political organizations, chairpersons of People’s Committees of provinces and centrally-run cities, and related agencies, organizations and individuals shall implement this Decree.

 

 

 ON BEHALF OF THE GOVERNMENT

THE PRIME MINISTER

DEPUTY PRIME MINISTER

 

 

Pham Thi Thanh Tra


* All Appendices are not translated herein.

 

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