Chapter V
IMPLEMENTATION PROVISIONS
Article 36. Grandfather clause
1. Businesses that have their licenses issued, reissued or renewed before the effective date of this Decree shall take the following actions:
a) Continuing to perform employment service activities until the license expires and not being subject to the requirement for revocation of the license due to failure to meet the conditions specified in clause 3 of Article 14 of this Decree.
b) If they fall into one of the cases where the licenses are revoked as prescribed at points a, b, c, d, dd, e and h of clause 1 of Article 21 of this Decree, or fail to satisfy one of the conditions specified in clause 1 and 2 of Article 14 of this Decree, the Departments of Labor, War Invalids and Social Affairs of the places where their main offices are located shall revoke these licenses according to the provisions of Article 21 of this Decree.
2. The businesses that have fully submitted the application for issuance, reissuance or renewal of their license and satisfied the licensing conditions as prescribed in the Government’s Decree No. 52/2014/ND-CP dated May 23, 2014, regulating conditions and procedures for granting employment service licenses to employment service businesses (hereinafter referred to as Decree No. 52/2014/ND-CP); the Government’s Decree No. 140/2018/ND-CP dated October 8, 2018, amending and supplementing Decrees related to business investment conditions and administrative procedures under the scope of state management of the Ministry Labor - Invalids and Social Affairs (hereinafter referred to as Decree No. 140/2018/ND-CP) before the effective date of this Decree, shall have their licenses issued, reissued and renewed according to the provisions of Decree No. 52/2014/ND-CP and Decree No. 140/2018/ND-CP.
3. Employment service centers established and operating under the Government's Decree No. 196/2013/ND-CP dated November 21, 2013 on the establishment and operation of employment service centers may keep on operating.
If the employment service center fails to satisfy the conditions specified in clause 1 of Article 3 of this Decree, it must fully supplement the conditions within 12 months; In case of failing to do so, its business must be terminated.
Article 37. Entry into force
1. This Decree shall enter into force as of June 1, 2021.
2. The Government’s Decree No. 196/2013/ND-CP dated November 21, 2013, regulating the establishment and operation of employment services; the Government’s Decree No. 52/2014/ND-CP; Article 10 and 12 in the Decree No. 140/2018/ND-CP, shall be repealed from the effective date of this Decree.
Article 38. Implementation responsibilities
Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Heads of socio-political organizations, Presidents of People’s Committees of centrally-affiliated cities and provinces, and entities or individuals concerned, shall be responsible for implementing this Decree.
Tìm kiếm
Nghị định 23/2021/NĐ-CP (Bản Word)
Nghị định 23/2021/NĐ-CP (Bản Pdf)
