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The 2025 Law on Employment, promulgated on May 20, 2025, and effective from January 1, 2026, provides specific regulations on the conditions for enterprises to be granted employment service operation licenses.
The 2025 Law on Employment, promulgated on May 20, 2025, and effective from January 1, 2026, provides specific regulations on the conditions for enterprises to be granted employment service operation licenses.
Clause 1 Article 28 of the 2025 Law on Employment (Law No. 74/2025/QH15) stipulates the definition of an enterprise providing employment services as follows:
“Article 28. Enterprises providing employment services
An enterprise providing employment services is an enterprise established and operating in accordance with the law on enterprises and licensed by a competent state agency to provide employment services.”
Compared to Clause 1, Article 39 of the 2013 Law on Employment, the 2025 Law revises the provision regarding the licensing authority. Specifically, while the 2013 Law designated provincial-level state employment management agencies as the licensing authority, the 2025 Law generalizes this to “a competent state agency.”
Under Clause 2, Article 28 of Law No. 74/2025/QH15, enterprises must meet the following conditions to be granted an employment service operation license:
Have physical facilities appropriate to the scope of operations;
Have human resources meet the requirements for employment service activities;
Have made a deposit and must maintain these conditions throughout the course of operation.
In addition, Clause 3 Article 28 of the 2025 Law on Employment stipulates that an enterprise may establish a branch if such branch has physical facilities meeting the requirements for employment service activities and must notify the specialized labor agency under the People’s Committee of the province where the enterprise is headquartered before commencing employment service operations.
Before the 2025 Law on Employment takes effect on January 1, 2026, the 2013 Law on Employment (Law No. 38/2013/QH13) provides that an enterprise must meet the following conditions to be granted an employment service operation license:
Be lawfully established under the law;
Have a stable head office and a minimum of 3 years of operation;
Have a specialized unit to carry out employment service activities.
Have made a deposit in accordance with the Government’s regulations.
Thus, compared to the 2013 Law, the 2025 Law requires enterprises to continuously maintain the conditions throughout their operation and notify the competent agency upon establishing a branch in accordance with legal provisions.
