CONSULTING ON APPLYING FOR A BUSINESS LICENSE FOR LABOUR BROKERAGE SERVICES

In the context of a constantly developing economy, finding and managing human resources has become an urgent need for businesses. This requires support from labour brokerage services to promptly meet recruitment needs and select suitable personnel. However, to be able to operate legally and effectively, organisations and individuals doing business in this field need to comply with legal regulations and apply for a labour brokerage service business license from a competent authority. Below is some analysis of the legal aspects surrounding the topic of Consulting on applying for a business license for labour brokerage services. This article will provide an overview and details of consulting services related to the process of applying for a labour brokerage service business license.

1. Concept and role of labour brokerage services

Labour brokerage service is understood as a specific job, in which the service provider acts as an intermediary between employers (businesses, organisations) and employees (individual looking for work). As usual, the main activities of labour brokerage services include career consulting, job search and classification, and candidate selection and evaluation.

Laws applicable to employment-related business activities are specifically stipulated in the Employment Law No. 38/2013/QH13 and detailed guiding documents (“Employment Law 2013”). According to the provisions of Article 36 of the Employment Law 2013, employment service activities include consulting and job introduction; supply and recruit labour according to the employer’s requirements; collect and provide information about the labour market. The 2013 Employment Law does not have regulations on the definition or specific content of labour brokerage services. However, based on the content of labour brokerage activities, this activity is considered part of employment services. Businesses that perform labour brokerage need to meet the conditions to be licensed to do business according to regulations related to employment services before providing this service.

Môi giới người lao động có vai trò hỗ trợ người lao động tìm kiếm cơ hội việc làm phù hợp với kỹ năng và nguyện vọng của họ, đồng thời giúp các doanh nghiệp tuyển dụng được nhân sự đáp ứng yêu cầu công việc. Bằng cách kết nối cung và cầu lao động, các dịch vụ môi giới người lao động giúp tối ưu hóa nguồn nhân lực, tăng cường hiệu quả sản xuất và kinh doanh của các doanh nghiệp. Ngoài ra, dịch vụ môi giới người lao động còn đóng vai trò quan trọng trong việc nâng cao kỹ năng và trình độ chuyên môn của người lao động thông qua các chương trình tư vấn, đào tạo và bồi dưỡng nghề nghiệp.

Labour brokers have the role of assisting employees in finding job opportunities that match their skills and aspirations, and helping businesses recruit personnel to meet job requirements. By connecting labour supply and demand, labour brokerage services help optimise human resources and enhance production and business efficiency of businesses. In addition, labour brokerage services also play an important role in improving the skills and professional qualifications of employees through consulting, training and career development programs.

2. Contents of consulting on applying for a business license for labour brokerage services

Normally, consulting services for applying for a business license as a labour brokerage service provide a series of in-depth and detailed consulting activities to ensure that the business will properly and fully meet the requirements prescribed by law. Specific activities of consulting services for applying for a labour brokerage service business license include:

Consulting on conditions for applying for a license to operate employment services

To be able to do labour brokerage services, businesses need to meet certain conditions as prescribed in Article 14 of Decree No.23/2021/ND-CP to be granted an employment license, specifically:

• Enterprises must have a headquarter or branch location to organise the business of labour brokerage services owned by the enterprise or hired stably under a contract of 03 years or more.
• Enterprises need to make a deposit of 300,000,000 VND to ensure the operation of labour brokerage services.
• The legal representative of the business must also meet requirements such as not being prosecuted for criminal liability, not being detained or serving a prison sentence, not being restricted or losing civil act capacity, having a university degree or higher or having direct professional experience or managing labour brokerage services or labour supply for 02 years or more within the 05 years immediately before applying for a license.

Licensing consulting services will help businesses answer questions related to the above conditions and the documents that businesses need to prepare to prove they meet those conditions. For conditions such as depositing money at a bank, businesses will be consulted and given specific instructions on how to do it and specific requirements for the bank so that the bank can issue the necessary documents according to regulations to meet legal conditions related to deposits.

Consulting on the scope of operations of enterprises providing labour brokerage services

The scope of operations of a labour brokerage service enterprise includes a variety of tasks such as employment consulting, introducing, supplying and recruiting labour at the request of employers, collecting and providing labour market information.

In fact, businesses can provide related services such as analysing and forecasting the labour market, training interview skills, and implementing employment programs and projects. There are also many cases where businesses are licensed to operate labour brokerage services to provide services to clients abroad; This can lead to violations of legal regulations related to sending Vietnamese people abroad to work (also known as labour export).

Consulting services on the scope of permitted activities of employment services will help businesses understand the legal regulations applicable to each specific activity so that businesses can prepare to meet business conditions. This shows the important role of business consulting services and labour brokerage services in supporting employment service businesses and ensuring benefits for business clients and their employees.

Consulting on documents, procedures, and authority to issue labour brokerage service business licenses

The application file for a labour brokerage service business license is specified in Article 17 of Decree No. 23/2021/ND-CP and includes many important documents. Enterprises need to submit a written request for a license, a certified copy of the original or photocopy, and present the original for comparison of the certificate of ownership or location lease contract, certificate of deposit for labour brokerage services, autobiographical resume of the legal representative of the enterprise, judicial record card No. 1 or written confirmation for a representative who is a foreigner, a certified copy of the original or a copy and present the original for comparison of professional qualifications or documents proving work experience in the field of labour brokerage services.

Procedures for applying for a business license of labour brokerage service are carried out through the following steps: Enterprises prepare complete documents according to regulations and submit them to the Department of Labour, War Invalids and Social Affairs where the head office is located. Accordingly, the processing time for documents is from 7 to 10 working days. If the dossier is complete and valid, the competent authority will issue a license to operate labour brokerage services to the enterprise. The license term is 60 months and can be renewed multiple times, provided that the renewal must be done 20 days before the expiration date stated on the license.

To facilitate the application process and avoid wasting time for businesses, the consulting service for granting business licenses of labour brokerage services will answer businesses’ specific steps, forms and quantities of documents in the dossier according to the provisions of law as well as documents related to submitting the application such as power of attorney and personal documents of the person authorised to submit the application. Currently, many state agencies have deployed the reception of administrative documents through public service portals. Specific advice on how to submit documents will also help businesses save time and take appropriate preparation steps.

Applying for a labour brokerage service business license requires businesses to comply with many regulations and meet strict conditions. This process includes preparing complete documents, carrying out legal procedures and meeting financial, location and personnel requirements. The article has analysed in detail the conditions, documents, procedures and legal aspects related to applying for a labour brokerage service business license.

In addition to complying with licensing conditions and procedures, businesses also need to pay attention to maintaining these conditions throughout their operations. This includes maintaining the location of the headquarters or branch, ensuring the deposit amount, and not violating relevant legal regulations. In the context of an increasingly developing labour market, compliance with legal regulations on licensing labour brokerage services not only helps businesses operate lawfully but also enhances reputation and service quality, contributing to promoting the development of the labour market and meeting the recruitment needs of businesses. Businesses need to always update and comply with the latest legal regulations to ensure their operations are always legal and effective.

The above is an overview of our legal perspective on Consulting on applying for a business license for labour brokerage services matter that Phuoc & Partners share with readers. If you have difficulties in finding a Law Firm to advise and support in the relevant legal field, please contact us. Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specialising in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing Clients with optimal and effective service.