Employment Service License Re-issuance Procedures

Employment service license re-issuance constitutes a mandatory administrative procedure for enterprises encountering information changes, loss, or damage to original documents. Proper execution ensures business continuity and legal compliance. Long Phan Consulting Company analyzes the technical sequence below.

Cases of employment service license re-issuance for enterprises providing employment services

Pursuant to Clause 1, Article 20 of Decree 23/2021/NĐ-CP, enterprises must request employment service license re-issuance in specific scenarios.

The qualifying cases include:

• Modification of enterprise name.

• Relocation of headquarters within the same province of issuance.

• Change of the legal representative.

• Loss of the original license.

• Damage rendering the license illegible or incomplete.

• Relocation of headquarters to a different province or centrally-run city.

Competent authority for employment service license re-issuance

Article 15 of Decree 23/2021/NĐ-CP designates the Provincial People’s Committee as the primary authority. Alternatively, the Department of Home Affairs authorized by the Provincial People’s Committee where the enterprise is headquartered serves as the direct processing body.

Dossier and documents required for employment service license re-issuance

The dossier for employment service license re-issuance requires strict adherence to Clauses 2, 3, and 4, Article 20 of Decree 23/2021/NĐ-CP.

Standard Re-issuance Dossier

Applicable for information changes (name, representative, intra-province location), loss, or damage:

• Request form for license re-issuance (Form No. 02, Appendix II, Decree 23/2021/NĐ-CP).

• Certified copy of the Certificate of Ownership or Lease Agreement (minimum 3 years) for location changes.

• Legal Representative Documentation (for representative changes):

  • Curriculum vitae.

  • Judicial Record Card No. 1 (or foreign equivalent confirming no criminal record).

  • Certified copies of professional degrees.

  • Proof of experience in employment services or labor supply (Labor contracts, appointment decisions, or election results).

Inter-Provincial Relocation Dossier

Applicable when moving headquarters to a different province:

• Request form for license re-issuance (Form No. 02).

• Certified copy of ownership or lease documents for the new location.

• Original license issued by the previous authority.

Note: Enterprises do not need to resubmit proof of initial facility conditions or initial deposit evidence. However, maintenance of the statutory escrow deposit at the bank remains mandatory.

Procedure for requesting employment service license re-issuance

The procedure varies based on the reason for re-issuance.

Intra-Provincial Changes, Loss, or Damage

• Step 1: Enterprise submits 01 dossier set to the local Department of Home Affairs.

• Step 2: Receiving officer issues a receipt upon verification of completeness.

• Step 3: The authority appraises and issues the decision within 05 working days. Refusals require a written explanation.

Inter-Provincial Relocation

This process involves coordination between two administrative bodies.

• Step 1: Enterprise submits the dossier to the Department of Home Affairs in the new jurisdiction.

• Step 2: Within 02 working days, the new Department requests file verification from the previous issuing Department.

• Step 3: The previous Department responds within 03 working days regarding compliance and revocation status, forwarding dossier copies.

• Step 4: The new authority grants the employment service license re-issuance within 03 working days of receiving the response.

>>> See more at: Employment Service License: A Procedural Guide

Consulting Services at Long Phan

Long Phan Consulting Company provides technical solutions for employment service license re-issuance.

Scope of Services:

• Compliance Audit: Review current dossiers against Decree 23/2021/NĐ-CP.

• Dossier Perfection: Draft Form No. 02, notarize documents, and prepare representative credentials.

• Explanation Drafting: Formulate justifications for inter-provincial transfers.

• Representation: Submit files, monitor processing status at the Department of Home Affairs, and retrieve results.

Common Queries

Below are technical clarifications regarding employment service license re-issuance.

Shareholder Structure Changes

Changes in founding shareholders or capital contributing members do not require license re-issuance. Article 20 of Decree 23/2021/NĐ-CP limits re-issuance to name, location, representative changes, or physical license loss/damage.

Deposit Status When Relocating

Enterprises moving to a new province must “maintain the deposit” rather than withdraw and re-deposit. The new Department of Home Affairs verifies the deposit status via the previous authority. Enterprises should coordinate with the bank to update the account information to match the new legal address.

Definition of Damaged License

A license requires re-issuance due to damage if it is torn, burnt, stained, or faded to the point where legal information (license number, enterprise name, scope) is illegible (Point c, Clause 1, Article 20).

Foreign Legal Representative Records

If the new representative is a foreigner ineligible for Vietnam’s Judicial Record Card No. 1, they may submit a foreign judicial record or confirmation of non-criminal status. These documents require consular legalization and notarized translation (Clause 5, Article 17).

Lease Contract Duration

For location changes, the lease contract must have a stable term of at least 03 years (36 months) from the date of dossier submission (Article 14).

Conclusion

Employment service license re-issuance demands administrative precision and adherence to statutory timelines. Errors can disrupt business operations. For expert assistance and expedited processing, contact Long Phan Consulting Company via Hotline 1900636389.