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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 52/2014/ND-CP
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Hanoi, May 23,
2014
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DECREE
PROVIDING
CONDITIONS AND PROCEDURES FOR GRANTING EMPLOYMENT SERVICE PROVISION LICENSES TO
EMPLOYMENT SERVICE ENTERPRISES
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 18, 2012 Labor Code;
Pursuant to the November 29, 2005 Enterprise
Law;
At the proposal of the Minister of Labor, War Invalids
and Social Affairs,
The Government promulgates the Decree providing
conditions and procedures for granting employment service provision licenses to
employment service enterprises.
Chapter I
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Article 1. Scope
of regulation
This Decree provides conditions
and procedures
for granting employment service provision
licenses; and rights and responsibilities
of employment service
enterprises.
Article 2. Subjects of application
1. Employment service enterprises defined in Clause
2, Article 14 of the Labor Code (below referred to as enterprises for short).
2. Organizations and individuals engaged in the
establishment and operation of employment service enterprises.
Article 3. Employment services provided by
enterprises
1. Providing counseling to employees and employers, including:
a/ Occupational counseling for people
to
select occupations and training levels
and
places suitable to their
abilities and expectations;
b/ Job counseling for
people
to
select jobs suitable to their
abilities and expectations; counseling on skills for passing recruitment exams, creating
employment and seeking jobs
at home and abroad;
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2. Recommending
jobs,
supplying and recruiting employees
at the request of employers, including:
a/ Recommending job seekers to employers
who need to recruit labor;
b/ Supplying employees at
the request of
employers;
c/ Supplying and recommending employees to units
and enterprises licensed to send Vietnamese abroad to work under
labor
contracts.
3. Collecting, analyzing, forecasting and providing information about
the labor market.
4. Providing training in job-seeking
skills and vocational
skills in accordance with law.
5. Implementing employment programs
and
projects.
Article 4. Rights of enterprises in the provision
of employment services
1. To sign contracts to provide the employment
services specified in Article 3 of this Decree.
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3. To collect charges in accordance with the law on
charges.
Article 5. Responsibilities
of enterprises in the provision of employment services
1. To fulfill signed contracts and commitments with
employees and employers, vocational trainees and those who are provided with
job counseling and placement services.
2. To comply with financial regulations and pay
payable amounts in accordance with law, and compensate for damage due to
contractual breaches in accordance with law.
3. To monitor the employment status of employees
they have recommended or supplied when these employees work under seasonal
labor contracts or labor contracts to perform certain jobs for a period of
under 12 months. For employees working under labor contracts of full 12 months
or more, to monitor their employment status for 12 months.
4. To post up at their head offices a certified
copy of the employment service provision license.
5. To report on their employment services to
provincial-level Labor, War Invalids and Social Affairs Departments on a
biannual and annual basis or upon request according to the guidance of the
Ministry of Labor, War Invalids and Social Affairs.
Chapter
II
CONDITIONS,
PROCEDURES AND COMPETENCE FOR GRANTING EMPLOYMENT SERVICE PROVISION LICENSES
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1. Employment service provision licenses (below
referred to as licenses for short) shall be granted by provincial-level
People’s Committees or provincial-level Labor, War Invalids and Social Affairs
Departments under the authorization of provincial-level People’s Committees
(below referred to as competent licensing state agencies) to enterprises
established under the law on enterprises and meeting all the conditions
prescribed in Article 7 of this Decree.
Licenses shall be made according to the form
provided to the Appendix to this Decree (not translated).
2. A license shall be valid for at most 5 years (60
months).
Article 7. Licensing
conditions
1. Having a head office as prescribed in Article 8
of this Decree.
2. Having full-time staff to provide employment
services as prescribed in Article 9 of this Decree.
3. Having paid a deposit as prescribed in Article
10 of this Decree.
Article 8. Conditions
on locations of enterprises’ head offices and branches
Enterprises must have stable locations for use as
head offices and branch offices for at least 3 years (36 months); if such
locations are buildings owned by the persons named in the enterprise
registration certificates, the license application dossiers must contain
relevant valid papers; if they are rented buildings, there must be lease
contracts with a lease term of at least 3 years (36 months).
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Full-time staff in charge of providing employment
services must include at least 3 persons who possess a college or higher
degree, and have full civil act capacity and clear personal backgrounds.
Article 10. Deposit payment and management of
deposit money
1. Deposit money shall be used to deal with risks
and pay damages which may occur to enterprises in the course of providing
employment services.
2. Each enterprise shall pay a deposit of VND 300,000,000
(three hundred million dong) to the commercial bank where it has opened its
main transaction account (below referred to as bank).
Enterprises shall comply with deposit payment
procedures according to banks’ regulations and law.
Banks shall certify the payment of deposits for
employment service provision for enterprises.
3. Enterprises are entitled to interests on deposit
money as agreed with banks.
4. After enterprises fulfill all financial obligations
related to the provision of employment services, deposit money shall be
refunded to them in the following cases:
a/ Competent licensing state agencies have issued
documents refusing to grant, re-grant or extend licenses for enterprises;
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5. Deposit money may be withdrawn in case competent
licensing state agencies have issued a written certification of settlement of
risks or payment of compensations occurring to enterprises in the course of
providing employment services.
Banks may not allow enterprises to withdraw deposit
money without written opinions of competent licensing state agencies.
Article 11. Dossiers of application
for licenses
1. A dossier of application for a license must
comprise:
a/ An application for a license, made by the
enterprise;
b/ A certified copy of the enterprise registration
certificate or a copy of the enterprise registration certificate enclosed with
the original for comparison;
c/ A certified copy of the written certification of
deposit payment as prescribed in Article 10 of this Decree;
d/ Papers proving the satisfaction of the location
conditions prescribed in Article 8 of this Decree.
2. Within 15 days after receiving a complete
dossier as prescribed in Clause 1 of this Article, a competent licensing state
agency shall grant a license to the enterprise. In case of refusal, it shall
issue a written reply clearly stating the reason.
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1. Within 30 days after receiving a license, an
enterprise shall publicize in the mass media information on its license, head
office, fields of operation, account, name of director and telephone number.
2. Fifteen days before starting to provide
employment services, an enterprise shall notify in writing the expected date of
operation commencement to the competent licensing state agency in the locality
where it locates its head office.
3. In case of relocating its head office or branch
office, 15 days before the expected date of relocation, the enterprise’s head
shall notify in writing the new location to the competent licensing state
agency, enclosed with papers proving the lawfulness of the new location as
prescribed in Article 8 of this Decree.
Article 13. Re-grant of
licenses
1. A license shall be re-granted in case of loss,
damage or content change.
2. A dossier of application for re-grant of a
license comprises:
a/ An application for re-grant of the license;
b/ The damaged license or copies of papers proving
the change in any content of the license.
3. Within 15 days after receiving a complete
dossier prescribed in Clause 2 of this Article, a competent licensing state
agency shall re-grant a license to the enterprise. In case of refusal, it shall
issue a written reply clearly stating the reason.
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Article 14. Extension of
licenses
1. At least 30 days before its license expires, an
enterprise shall send a dossier of application for license extension. The
dossier must comprise:
a/ An application for license extension, made by
the enterprise;
b/ The expired license;
c/ Copies of papers proving the satisfaction of the
licensing conditions prescribed in Article 7 of this Decree.
2. Each extension must not exceed 60 months.
3. Within 15 days after receiving a complete
dossier prescribed in Clause 1 of this Article, a competent licensing state agency
shall extend the license for the enterprise. In case of refusal, it shall issue
a written reply clearly stating the reason.
Article 15. Return and revocation of licenses
1. An enterprise shall return its license when
falling into one of the following cases:
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b/ It terminates the provision of employment
services at its own will.
2. An enterprise shall have its license revoked
when falling into one of the following cases:
a/ It no longer satisfies any of the conditions
prescribed in Article 7 of this Decree;
b/ Past 6 months after being granted the license,
it still fails to provide employment services;
c/ Its operation is terminated;
d/ Its employment service provision is terminated;
dd/ Its enterprise registration certificate is
revoked.
3. An enterprise that has its license revoked under
Point a, c or d, Clause 2 of this Article may be re-granted a license after 1
year (12 months), counting from the effective date of the license revocation
decision, provided that it fully satisfies the conditions prescribed in Article
7 of this Decree.
Article 16. Competence to
grant, re-grant, extend, revoke or receive back licenses
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2. Competent licensing state agencies shall receive
licenses returned by enterprises.
3. Within 10 days after granting, re-granting,
extending or revoking a license, a competent licensing state agency shall
notify such in writing to the district-level People’s Committee of the locality
where the enterprise locates its head office.
Article 17. Employment service branches of
enterprises
1. Enterprises may set up branches to provide
employment services under the Enterprise Law when fully meeting all the conditions
prescribed in Article 8 of this Decree.
2. Within 15 days after assigning tasks to
branches, enterprises shall notify such to competent licensing state agencies
of the localities where such branches are located.
3. Obligations of an employment service branch:
a/ To post up at its office the enterprise’s
decision on assignment of the tasks of employment services to the branch and a
certified copy of the enterprise’s license;
b/ To make periodical reports or unexpected reports
at the requests of competent state agencies of the locality where the branch is
located.
4. The period of providing employment services by a
branch must not exceed the validity duration of the license of its enterprise.
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IMPLEMENTATION PROVISIONS
Article 18. Responsibilities of the Ministry of
Labor, War Invalids and Social Affairs
1. To perform the state management of employment
services nationwide.
2. To guide, examine and inspect the establishment
and operation of employment service enterprises.
3. To summarize and report to the Government on the
operation of employment service enterprises.
Article 19. Responsibilities of the Ministry of
Finance
To assume the prime responsibility for, and
coordinate with the Ministry of Labor, War Invalids and Social Affairs in,
providing guidance on
employment service charges in accordance
with the law on charges.
Article 20. Responsibilities of provincial-level
People’s Committees
1. To direct the monitoring, examination and inspection
of operations of employment service enterprises in their localities.
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3. To perform commendation and reward work and
handle violations in accordance with law.
4. To report to the Ministry of Labor, War Invalids
and Social Affairs on the establishment and operation of employment service
enterprises in the localities under their management on a biannual or an annual
basis or when requested.
Article 21. Transitional provisions
1. Enterprises that have been granted job placement
service provision licenses before the effective date of this Decree may
continue operating until their licenses expire.
2. Enterprises that have submitted complete license
application dossiers as prescribed in the Government’s Decree No. 19/2005/ND-CP
of February 28, 2005, providing the conditions and procedures for establishment
and operation of job placement organizations, and the Government’s Decree No.
71/2008/ND-CP of June 5, 2008, amending and supplementing a number of articles
of Decree No. 19/2005/ND-CP of February 28, 2005, before the effective date of
this Decree, shall be granted licenses.
3. Enterprises whose job placement service
provision licenses expire at a time between January 20, 2014, and the effective
date of this Decree may continue providing employment services until the
effective date of this Decree.
Article 22. Effect
This Decree takes effect on July 15, 2014.
Article 23. Implementation responsibilities
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung