Employment is always an urgent issue for all workers and businesses. However, it is difficult for workers to find suitable jobs and businesses to find suitable talent for their business areas. For this reason, many recruitment agencies have been established to help workers find jobs and connect workers with companies. So what requirements must be met to carry out the procedures for service company establishment a job? Let’s answer the questions in the article below.

1. Things to know about employment services in 2024

Employment services are the connecting service activities of one or more organizations with the function of providing and introducing jobs to create service products and jobs, through which the service providing organization carries out the activities of selecting and training workers according to the needs, conditions and standards of the customer who is the employer (service user). The result of the employment service product is that the worker finds a suitable job and the employer finds the right person to take on the job they need. In which, the rights and obligations of the participating parties are expressed through a service contract in compliance with the provisions of law.

According to Article 14 of the Labor Code, the employment service organization has the function of consulting, introducing jobs and vocational training for workers; supplying and recruiting workers according to the requirements of the employer; Collect and provide labor market information and perform other tasks as prescribed by law.

2. Conditions for the operation of employment service enterprises

To operate employment services, enterprises must meet the following conditions:

• Having a head office or branch to organize employment service activities owned by the company or rented by the company under a contract of 3 years (36 months) or more.
• The company has deposited 300,000,000 VND (three hundred million VND).
• The legal representative of the company performing employment service activities must ensure the following conditions: Being a business manager according to the provisions of the Law on Enterprises;
• Not falling into one of the following cases: being criminally liable, being detained, serving a prison sentence, being subject to administrative measures at a drug rehabilitation facility, compulsory education facility, absconding, having limited civil capacity or losing civil obligations, having difficulty in cognition, controlling behavior, being prohibited from holding a position, prohibited from practicing a profession or doing work related to employment services;
• Having a university degree or higher or having worked directly in the industry or managing employment services, labor supply for 2 years (24 months) or more in the previous 5 years must immediately submit an application for a license.

3. Procedures for establishing a job service company in 2024

Vietnam is a young country with an abundant labor force. However, the unemployment rate in Vietnam is still high and many people cannot find suitable jobs. In order to connect workers with jobs, job service companies play a very important role.

Currently, the development of society is increasingly creating favorable conditions for people’s employment needs. With the aim of helping employers find suitable personnel according to business requirements and helping workers find quality, suitable jobs and workplaces, job service companies in Vietnam. More and more men are born and develop strongly to meet the above needs of society.

3.1 Procedures for applying for a job service license

To establish a job service company, investors must prepare the following business establishment documents:

• Application for business registration;
• Company charter;
• List of founding shareholders and foreign investor shareholders (if a joint stock company); List of members (if a two-member LLC);
• Certified copy of identity card or citizen identification card or passport (if an individual); Decision on establishment, business registration certificate or equivalent document and identity card or citizen identification card or passport with written authorization for the capital manager in Vietnam (if an organization);
• Certified copy of the issued investment registration certificate;
• Authorization letter if using the licensing service;

After being granted the Business Registration Certificate, the company must publicly announce on the National Business Registration Information Portal and must pay fees according to the provisions of law. The announcement content includes the content of the business registration certificate and the following information:

• Business lines and occupations;
• List of founding shareholders; List of shareholders who are foreign investors in the case of a joint stock company (if any).

Publication fee: The registration of the announcement of business registration contents and payment of the fee for announcing business registration contents are carried out at the time the company submits the business registration dossier. In case the enterprise does not register its business, the cost of announcing business registration contents will be refunded.

The announcement fee is VND 100,000 according to the provisions of Circular 47/2019/TT-BCT.

Company seal:

• The seal includes a stamp made at a seal engraving facility or a stamp in the form of a digital signature according to the regulations on electronic transactions.
• The company decides on the type, quantity, form, seal and content of the seal of the company, branches, representative offices and other units of the company.
• The management and storage of seals shall be carried out in accordance with the provisions of the Company Charter or regulations issued by the Company, its branches, representative offices or other units of the Company. The Company shall use the seal in transactions in accordance with the provisions of law.

3.2 Procedures for establishing a company providing employment services

To participate in employment services, the company must contact the competent authority to apply for a license to operate employment services. The application for a license includes:

• A written request for a license from the Company according to the prescribed form;
• A certified copy or copy, presenting the original for comparison of the Certificate of ownership or lease contract of the location;
• A certificate of registration for employment services according to the prescribed form;
• CV of the legal representative of the company according to the prescribed form;
• Criminal record No. 1 according to the provisions of law related to the criminal record of the legal representative of the company. In case the representative is a foreigner who is not required to obtain a criminal record number, has had his/her criminal record cleared or is currently subject to criminal liability abroad.
• This document must be issued no later than 6 months before the date of application. Documents in foreign languages ​​must be translated into Vietnamese, certified and consularized in accordance with the provisions of law.
• A certified copy of the original or a copy, presenting the original for comparison of professional qualifications as prescribed or one of the documents proving the time spent directly working in a professional field or managing and providing employment services. The work of the legal representative of the company is as follows:
  • A certified copy of the original or a copy, presenting the original for comparison of the labor contract or labor contract or decision on recruitment, appointment, assignment of duties of the legal representative of the company;
  • Certified copy of the original or copy, present the original for comparison, of the Appointment Decision (for those working under the appointment regime) or the document confirming the election results (for those working under the appointment regime) of the legal representative of the company or a copy of the Company Registration Certificate (in case of the legal representative of the company providing employment services).

4. Service of establishing a job service company in Viet My

To carry out the necessary steps to establish a job service company, companies often do not do it themselves but rely on service companies. The reason is that meeting the requirements for establishing a job service company and completing the registration procedures is quite complicated and prone to errors. With many years of experience in business establishment procedures, Viet My accounting service is committed to performing quickly, effectively and at a reasonable cost.

We have a team of experts with in-depth knowledge of the law, as well as many years of experience in handling thousands of cases, so we are committed to carrying out business establishment procedures in accordance with regulations in the shortest time. We also advise on models that are suitable for customers’ business goals and resolve legal issues throughout the operation process…

Viet My has many years of prestige in the profession with a team of well-trained staff with high professional knowledge covering many fields from investment consulting to business startup consulting… Viet My is committed to being the first choice of businesses and investors when they need legal support.

To save as much time, effort and money as possible, you can contact us to establish a job referral company and benefit from the support:

• Consulting on the entire process and procedures for establishing a business for customers from A to Z
• Drafting business establishment documents according to the information provided by the customer;
• Submitting documents to the registration agency and receiving results sent to the customer;
• Engrave seals, announce seal samples and post information about the business establishment on the National Information Portal;
• Customers can use some services for free after establishing a business in Viet My.

Above is Viet My’s advice on the procedure for service company establishment a job. If readers have any questions or concerns regarding this issue, please contact VIET MY LAW AND ACCOUNTING for detailed instructions and answers.