Chương 2 Nghị định 52/2014/NĐ-CP: Điều kiện, thủ tục, thẩm quyền cấp giấy phép hoạt động dịch vụ việc làm

Chapter II

CONDITIONS, PROCEDURES AND COMPETENCE FOR GRANTING EMPLOYMENT SERVICE PROVISION LICENSES

Article 6. Employment service provision licenses

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).

Article 9. Conditions on full-time staff in charge of providing employment services

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;

b/ Competent licensing state agencies have issued documents compelling enterprises to return their licenses or revoking their licenses.

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.

Article 12. Announcement of employment service provision

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.

4. The validity duration of the re-granted license must not exceed the validity duration of the previous license.

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:

a/ It terminates operation at its own will;

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

1. Competent licensing state agencies are competent to grant, re-grant, extend or revoke licenses.

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.