Obtaining an Employment Service License is a mandatory procedure for businesses to legally provide employment services in Vietnam. This license is a permit for operation and a basis for state management, protecting the rights of both employees and employers. Long Phan Consulting Company analyzes the procedure for obtaining an Employment Service License under the newest regulations.
Issuance of Employment Service License for Enterprises
As specified in Article 14 of Decree 23/2021/ND-CP, a business must meet the following conditions to be granted an Employment Service License:
Location: The business must have a physical office or branch location owned or leased stably for at least 03 years (36 months).
Escrow Deposit: The business must deposit an escrow of VND 300,000,000.
Legal Representative: The legal representative of the business must meet these criteria:
Is a corporate manager as defined by the Law on Enterprises 2020 (amended 2025).
Is not currently under criminal prosecution, in temporary detention, serving a prison sentence, or subject to administrative handling measures at a compulsory rehabilitation or education facility. Is not absconding from their residence, has not lost or had their civil act capacity restricted, does not have cognitive difficulties, and is not prohibited by a court from holding certain positions or practicing in the employment services field.
Holds a university degree or higher, OR has at least 02 years (24 months) of direct professional or managerial experience in employment services or labor supply within the 05 years preceding the license application.
According to Decision 315/QD-BNV dated April 4, 2025, the application dossier for an Employment Service License includes:
Application Form: A written request for the license (Form No. 02, Appendix II of Decree 23/2021/ND-CP).
Proof of Location: A certified copy of the ownership certificate or the location lease contract with a term of 03 years (36 months) or more.
Certificate of Escrow Deposit: The official certificate of the escrow deposit for employment service activities (Form No. 03, Appendix II of Decree 23/2021/ND-CP).
Curriculum Vitae: A personal resume of the legal representative (Form No. 04, Appendix II of Decree 23/2021/ND-CP).
Criminal Record: Criminal Record Certificate No. 1 for the legal representative. For a foreign representative not eligible for this certificate, a foreign criminal record or equivalent document confirming no unexpunged convictions is required. This document must be issued within 06 months of the application, translated into Vietnamese, certified, and consularly legalized.
Proof of Qualification: A certified copy of the representative’s university degree or documents proving at least 02 years of relevant experience, such as:
A certified copy of a labor contract, work contract, or recruitment/appointment decision. Foreign documents must be translated, certified, and consularly legalized.
A certified copy of an appointment decision or election result recognition, or a copy of the enterprise registration certificate if the representative is also the legal representative of the employment service company. Foreign documents must be translated, certified, and consularly legalized.
Note: Only one complete set of the dossier is required for submission.
Procedure for Obtaining the Employment Service License
The procedure is detailed in Decision 315/QD-BNV and includes the following steps:
Step 1: Dossier Submission The business submits one complete dossier to the Department of Home Affairs where its head office is located. The Department will issue a receipt confirming the date of submission. Submission methods include:
Online via the Department of Home Affairs’ public service portal (if available).
In-person at the Department of Home Affairs.
By post to the Department of Home Affairs.
Step 2: Review and Issuance Within 07 working days of receiving a valid dossier, the competent state agency will review and issue the Employment Service License. If the license is not granted, a written response detailing the reasons will be provided.
The maximum validity of an initial license is 60 months.
A re-issued license’s validity will be the remaining term of the previously issued license.
License Renewal
A license can be renewed multiple times, with each renewal valid for a maximum of 60 months.
The renewal application must be submitted to the Department of Home Affairs at least 20 days before the current license expires.
The business must continue to meet all conditions under Article 14 of Decree 23/2021/ND-CP and comply with reporting regulations.
The processing time for renewal is 05 working days.
License Re-issuance
Re-issuance of the Employment Service License is required if there is a change in the license’s content (e.g., business name, address), the license is lost or damaged, or the head office relocates to a different province. The processing time for re-issuance is 05 working days.
Professional Services for Employment Service License
Long Phan Consulting Company provides expert services to manage the entire process for obtaining an Employment Service License, ensuring compliance and efficiency.
Advise on all licensing conditions, including entity type, capital, office, and personnel.
Prepare and complete the application dossier.
Review all client-provided documents for legal validity and compliance.
Represent the client by submitting the dossier and working directly with state agencies.
Monitor the process, provide updates, and receive the final license for delivery to the client.
Consultancy on Employment Service License Application
Common Topics about the Employment Service License
Timing of the Escrow Deposit
The VND 300 million escrow deposit must be made before submitting the license application. The Certificate of Escrow Deposit is a mandatory component of the dossier.
If an Employment Service License is lost or damaged, the business must submit an application for re-issuance. The processing time is 05 working days from receipt of a valid application.
Legal Basis: Article 20 of Decree 23/2021/ND-CP.
Criminal Record for Foreign Representatives
If the foreign representative is not eligible for a Vietnamese Criminal Record Certificate No. 1, they may substitute it with a criminal record certificate from their home country. This document must be translated and consularly legalized.
Legal Basis: Clause 5, Article 17 of Decree 23/2021/ND-CP.
Re-issuance for Change of Business Information
A business must apply for re-issuance of its Employment Service License if it changes its name or head office address (even within the same province). The processing time is 05 working days.
Legal Basis: Article 20 of Decree 23/2021/ND-CP.
Proof of Representative’s Work Experience
The required 02 years of experience can be proven with notarized copies of labor contracts, appointment decisions, recruitment decisions, or equivalent documents.
Conclusion
The procedure for obtaining an Employment Service License involves complex legal and documentary requirements. Errors can lead to delays or license revocation. To ensure legal compliance and optimize time, contact Long Phan Consulting Company directly via Hotline: 1900636389 for professional, timely, and effective legal support.
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Dương Thị Kim Ngân
Jurist Ngan Duong Thi Kim - Partner of Long Phan, Ms. Ngan possesses profound knowledge in business consulting, labor, and contracts. With dedication and creativity, Ms. Ngân has achieved significant success in advising and supporting businesses in critical areas such as legal matters, finance, management, and contracts. She is committed to providing optimal solutions and helping clients succeed in the business environment.