Question: I intend to establish a company to provide employment services. When registering the enterprise, which business line code must I register, and in order to operate in practice, is it necessary to obtain an Employment Service Operation License? If yes, what are the licensing conditions, what is the process and procedure, and which authority has competence to resolve?
Answer:
- VSIC codes upon registration of enterprise establishment
Depending on the intended scope of operation, the following VSIC 2025 codes may be registered:
- 7810: Activities of employment introduction centers.
- 7821: Temporary labor supply.
- 7822: Other human resource supply (including other domestic human resources and other human resources working abroad).
(Based on Decision No. 36/2025/QD-TTg promulgating the Vietnam Standard Industrial Classification system).
- Conditions for applying for an Employment Service Operation License
The enterprise must simultaneously satisfy the following principal conditions:
- Having a head office location and/or branch location for organizing employment service activities, which is owned by the enterprise or stably leased by the enterprise under a contract for 03 years (36 months) or more.
- The enterprise has made a deposit of 300,000,000 dong (Three hundred million dong).
- The enterprise’s legal representative of the enterprise conducting employment service activities must be an enterprise manager under the Law on Enterprises; must not fall under the cases of being subject to criminal prosecution, being held in temporary detention, serving a prison sentence, being subject to compulsory administrative handling measures, absconding from the place of residence, having limited or lost civil act capacity, having difficulties in cognition, being prohibited by a court from holding a position or practicing an occupation related to employment services; and at the same time must have a university degree or higher, or have at least 02 years of direct experience in professional work or management in the field of employment services or labor supply within the 05 consecutive years immediately preceding the time of application for the license.
(Article 14 of the Decree No. 23/2021/ND-CP).
- Order of implementation
Step 1: Establishment of the enterprise
- Submit the enterprise registration dossier to the provincial-level business registration authority where the head office is located (in person, by post, or via the electronic system).
- Within 03 working days from the date of receipt of the dossier, the business registration authority shall review its validity and issue the enterprise registration; if the dossier is invalid, it shall notify the contents requiring amendment and supplementation; if it refuses, it must clearly state the reasons.
Step 2: Application for the Employment Service Operation License
- Dossier:
- Written request for issuance of the license in accordance with Form No. 02, Appendix II of Decree No. 23/2021/ND-CP;
- Certified copy from the original or a copy, with the original presented for comparison, of the Certificate of Ownership or the location lease contract;
- Certificate of the deposit for employment service activities in accordance with Form No. 03, Appendix II of Decree No. 23/2021/ND-CP;
- Autobiographical declaration of the legal representative in accordance with Form No. 04, Appendix II of Decree No. 23/2021/ND-CP;
- Judicial Record Card No. 1 issued in accordance with the law on judicial records of the enterprise’s legal representative (if not subject to issuance of Judicial Record Card No. 1, it shall be replaced by an equivalent judicial record or a confirmation document as prescribed; documents in this list must be issued no more than 06 months prior to the dossier submission date. Foreign documents must be translated into Vietnamese, certified, and consular legalized);
- Certified copy / copy together with the original for comparison of professional qualifications, or a file proving 2 years of experience (one of the following types): Labor contract / working contract / recruitment decision, appointment decision, assignment decision;
- Appointment decision / document recognizing election results / Enterprise Registration Certificate (depending on the cases prescribed in Clause 6 Article 17 of Decree No. 23/2021/ND-CP).
Step 3: Procedures
- The enterprise shall submit 01 set of the dossier as prescribed to the Department of Home Affairs where the enterprise’s head office is located, to request issuance of the license.
- After verifying the sufficiency of the documents as prescribed in Article 17 of this Decree, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the day, month, and year of receipt of the dossier requesting issuance of the license.
Step 4: Appraisal
- After appraisal, the Department of Home Affairs shall submit to the Chairperson of the provincial-level People’s Committee for issuance of the license; in case of non-issuance, it must respond in writing and clearly state the reasons.
(Articles 15, 16, 17 and 18 of the Decree No. 23/2021/ND-CP).
