VI In an increasingly dynamic labor market, employment services serve as an essential bridge between human resource supply and demand. To ensure transparency and protect the rights of both businesses and employees, the State has tightened management through strict business condition standards. The issuance of Decree No. 352/2025/ND-CP is a significant legal milestone, updating the latest requirements for entities entering this market. Mastering the licensing conditions is not only a mandatory requirement for legal operation but also a testament to a business’s prestige and competitiveness in the new era. To help investors and enterprises understand the roadmap and technical standards under the newly issued regulations, let’s explore the licensing conditions with Pham Consult below.
- What is an employment service enterprise?
According to Article 27 and Article 28 of the Law on Employment 2025, employment service organizations include public employment service organizations and employment service enterprises. In which, an Employment Service Enterprise is an enterprise established and operating in accordance with the provisions of the law on enterprises and is granted a license to operate employment services by a competent state authority.
An enterprise is granted a license to operate employment services when it has physical facilities and personnel that meet the requirements of employment service activities, has made a deposit, and must maintain these conditions throughout its operational process.
- Conditions for issuing the License to operate employment services
According to Article 14 of Decree No. 352/2025/ND-CP detailing a number of Articles of the Law on Employment regarding employment services, the License to operate employment services (hereinafter abbreviated as the License) is issued to an enterprise when it fully meets the following conditions:
– Having a head office or branch of the enterprise, or premises leased by the enterprise under a contract to organize employment service activities with a remaining term of at least 02 years (24 months) as of the time the enterprise submits the application file for the License.
– Having made a deposit for employment service activities of 300,000,000 VND (Three hundred million Vietnamese Dong). The enterprise shall make the deposit at the above level at a Vietnamese commercial bank or a foreign bank branch established and operating legally in Vietnam (hereinafter referred to as the deposit-receiving bank). The interest rate on the deposit amount shall be agreed upon by the enterprise and the deposit-receiving bank in the deposit contract, ensuring compliance with the regulations on interest rates for Vietnamese Dong deposits of the State Bank of Vietnam in each period. The enterprise’s deposit money shall only be used to pay financial obligations arising in the event that the enterprise fails to perform or performs inadequately its obligations in employment service activities at the request of the Competent Authority.
– The legal representative of the enterprise performing employment service activities is a person who is not restricted or has not lost their civil act capacity; has a qualification of university level or higher or has at least 02 years (24 months) of experience in the field of employment services or labor supply.
- Application file for the issuance of the License to operate employment services
According to Article 17 of Decree No. 352/2025/ND-CP, the application file for the License includes:
– A written request for the issuance of the License;
– 01 original copy of the Certificate of deposit for employment service activities;
– 01 valid copy (including a copy issued from the original register or a certified copy or an electronically certified copy or a copy compared against the original) of the Certificate of ownership of houses and other assets attached to land or the Lease Contract for the head office to organize the implementation of employment service activities with a remaining term of at least 02 years (24 months) as of the time the enterprise submits the application file for the License.
In the event that information on the Certificate of ownership of houses and assets attached to land is already available on the National Land Database, it is not necessary to submit a copy of the Certificate.
– 01 valid copy of professional degrees or 01 valid copy of documents proving experience (appointment decision or labor contract or working contract or social insurance participation process or confirmation of experience from the place of work) of the legal representative of the enterprise performing employment service activities.
In the event that the document proving experience is a foreign document, it must be translated into Vietnamese, certified, and consularly legalized in accordance with the provisions of law.
In the event that information about the labor contract or working contract or the social insurance participation process of the legal representative of the enterprise performing employment service activities is already available on the national database on Social Insurance or the database on employees, it is not necessary to submit documents proving experience.
- Order and procedures for requesting the issuance of the License to operate employment services
The enterprise submits 01 set of application file for the License directly or through public postal services or through hiring the services of an enterprise or individual or through authorization to the Provincial Public Administration Service Center where the head office for the enterprise’s employment service activities is located, or online at the National Public Service Portal.
Within a period of 05 working days, from the date of receiving a full and valid application file, the Competent Authority shall consider and issue the License to the enterprise. In the event that the License is not issued, there must be a written reply clearly stating the reason.
