Employment Service License Renewal Procedure

The employment service license renewal constitutes a mandatory administrative protocol for enterprises intending to maintain business operations post-expiration. Strict adherence to regulatory standards prevents legal risks and ensures the continuity of labor supply chains. Long Phan Consulting Company analyzes the technical specifications of this procedure below.

Renewal Prerequisites and Conditions

Enterprises must satisfy rigorous legal standards to demonstrate operational capacity and compliance. Pursuant to Clause 1, Article 19 of Decree 23/2021/ND-CP, the employment service license renewal requires the following conditions:

• Infrastructure Compliance: The enterprise must possess headquarters or branches owned or leased under a stable contract of at least 03 years (36 months).

• Financial Assurance: Maintenance of an escrow deposit totaling 300,000,000 VND.

• Legal Representative Qualifications: The representative must be a lawful manager, free from criminal liability or incarceration, and possess full civil act capacity. They must hold a university degree or higher, or have at least 02 years of direct experience in employment services or labor supply within the preceding 05 years.

• Operational History: The entity must not fall under cases of license revocation as per Article 21, Decree 23/2021/ND-CP.

• Reporting Compliance: Full adherence to the periodic reporting regime regarding employment service activities.

• Submission Timeline: The renewal dossier must reach the Department of Home Affairs at least 20 working days prior to the license expiration date.

Competent authority for resolving the procedure for employment service license renewal

According to Article 15 of Decree 23/2021/ND-CP, the Provincial People’s Committee holds the primary authority. Typically, the Department of Home Affairs (authorized by the Provincial People’s Committee where the enterprise is headquartered) acts as the direct agency responsible for processing the employment service license renewal.

Dossier components required for the renewal of the employment service license

Clause 2, Article 19 of Decree 23/2021/ND-CP mandates the following documentation for the renewal dossier:

• Request Form: Written request for license renewal using Form No. 02 (Appendix II, Decree 23/2021/ND-CP).

• Location Proof: Certified copy of the Certificate of Land Use Rights or office lease contract demonstrating a term of at least 03 years.

• Representative Documentation (If Changed): If the renewal coincides with a change in the legal representative, the dossier requires:

  • Curriculum vitae (Form No. 04).

  • Judicial Record Card No. 1 (or equivalent foreign certification for non-residents).

  • Certified copies of degrees or documents proving professional experience (labor contracts, appointment decisions).

• Foreign Documents: Any foreign language documents must undergo consular legalization, translation into Vietnamese, and authentication.

Procedures for extending the employment service operation license

The administrative workflow for the employment service license renewal follows the protocols in Clause 3, Article 19 of Decree 23/2021/ND-CP:

• Step 1: Submission The enterprise submits one complete dossier to the Department of Home Affairs. This must occur at least 20 working days before the current license expires.

• Step 2: Reception and Validation The receiving officer verifies the dossier’s completeness. Upon acceptance, the agency issues a receipt indicating the date of submission.

• Step 3: Appraisal and Decision Within 05 working days of receiving a valid dossier, the competent authority reviews the conditions and issues the renewed license. If rejected, the authority provides a written response detailing the specific reasons (e.g., insufficient escrow, reporting violations).

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

Consulting services for the renewal of employment service operation licenses at Long Phan

Long Phan Consulting Company provides comprehensive technical solutions to navigate the employment service license renewal process. Our experts ensure precision and minimize administrative latency.

• Pre-Renewal Compliance Audit

  • Assess current infrastructure and personnel against Article 14, Decree 23/2021/ND-CP.

  • Review the history of periodic reporting to identifying potential compliance gaps.

  • Advise on immediate remediation for escrow deficiencies or legal representative qualifications.

• Dossier Drafting and Perfection

  • Draft the Request for Renewal and necessary explanation documents.

  • Liaise with commercial banks to obtain the Confirmation of Escrow Deposit according to regulations.

  • Facilitate notarization, translation, and consular legalization of requisite documents.

• Administrative Representation

  • Submit the dossier to the Department of Home Affairs or via the Public Service Portal.

  • Monitor the appraisal process and execute immediate explanations if the authority requests supplementary data.

  • Hand over the renewed license and advise on post-renewal statutory obligations.

Frequently Asked Questions

License Validity Duration

The renewed license holds validity for a maximum of 60 months (05 years). In specific cases, the term may be shorter based on the enterprise’s request or the remaining duration of the office lease contract. (Legal basis: Point b, Clause 2, Article 16, Decree 23/2021/ND-CP)

Late Submission Consequences

Submitting the dossier less than 20 working days before expiration violates regulations. The authority may refuse the renewal. Operating with an expired license constitutes unlicensed operation, subject to administrative fines ranging from 45,000,000 VND to 60,000,000 VND. (Legal basis: Point d, Clause 1, Article 19, Decree 23/2021/ND-CP; Clause 4, Article 7, Decree 12/2022/ND-CP)

Simultaneous Location Change

Current regulations for renewal dossiers do not explicitly integrate headquarters relocation. Enterprises should execute the license adjustment or re-issuance procedure for location changes separately from the employment service license renewal to ensure dossier validity and facilitate physical inspection.

Impact of Reporting Violations

Compliance with periodic reporting is a mandatory condition. Failure to report provides grounds for renewal refusal. Enterprises must submit missing reports and settle any administrative fines before filing for renewal. (Legal basis: Point c, Clause 1, Article 19, Decree 23/2021/ND-CP)

Operations During Processing

Technically, operations require a valid license. However, if the enterprise submits the dossier 20 days prior, the 05-day processing limit ensures the new license issues before the old one expires. Retaining the submission receipt proves lawful intent during any administrative delays.

Conclusion

The employment service license renewal demands precise execution and proactive timing. Delays or documentation errors can disrupt business continuity. Enterprises seeking professional assistance should contact Long Phan Consulting Company via Hotline 1900636389 for immediate legal support.