Procedures for Obtaining, Renewing, and Reissuing the Employment Service License in Vietnam (Part 2)

Employment services are classified as a conditional business line in Vietnam, requiring enterprises not only to meet stringent requirements related to facilities and personnel but also to strictly follow legal procedures when applying for the issuance, renewal, or reissuance of the Employment Service License. In Part 1 of this article, we analyzed the conditions that foreign investors must satisfy to be eligible to invest in this sector in Vietnam. Building upon that foundation, Part 2 provides an in-depth analysis of the procedural steps involved in obtaining a new license, renewing an existing one, or reissuing a license in cases of loss, damage, or changes in information. These practical guidelines aim to help enterprises clearly understand the legal procedures, ensure compliance with current regulations, and operate efficiently within Vietnam’s legal framework.

1. Procedures for Obtaining the Employment Service License:

Step 1: The enterprise shall submit 01 application dossier (as listed below) to the Department of Labor, Invalids and Social Affairs (currently the Department of Home Affairs) where the enterprise is headquartered, to request the issuance of the Employment Service License.

Application Dossier for Employment Service License, including: 

(1) Application for employment service license following Form No. 02, Appendix II of Decree No. 23/2021/ND-CP;

(2) A certified true copy or a copy (with the original presented for comparison) of the Certificate of ownership, or the lease contract for the premises that satisfies the licensing requirements as stated in Article 14.1 of Decree No. 23/2021/ND-CP. In addition, the enterprise must also prepare copies of other supporting documents as required by the Department of Home Affairs, including:

• Certificate of land use rights, house ownership, and other assets attached to the land where the office is located;
• Valid construction permit for the building (in cases of new construction or renovation);
• Where the lessor’s legal representative is a foreigner, the individual must possess a valid work permit or confirmation of exemption from work permit requirements under Vietnamese labor law.

(3) Certificate of the security deposit as per Form No. 03, Appendix II of Decree No. 23/2021/ND-CP;
(4) Curriculum vitae of the enterprise’s legal representative using Form No. 04, Appendix II of Decree No. 23/2021/ND-CP. Please note that the legal representative of the enterprise performing employment service activities must initial each page in addition to signing on the last page.

(5) A judicial record certificate No. 1 as prescribed by Vietnamese law on judicial records of the enterprise’s legal representative. In case the legal representative is a foreigner who is not subject to the issuance of judicial record certificate No. 1, it may be replaced by an equivalent certificate or document issued by a competent foreign authority confirming that the individual is not currently serving any criminal sentence, has not had any unexpunged criminal convictions, and is not under criminal investigation. Please note that this document must be issued no more than 06 months prior to the date of application submission. Any foreign-language document must be translated into Vietnamese, notarized, and consularly legalized in accordance with Vietnamese law.

(6) A certified true copy or a copy (with the original presented for comparison) of the professional qualification that satisfies the licensing requirements as stated in Article 14.3(c) of Decree No. 23/2021/ND-CP, or one of the documents proving the legal representative’s direct professional experience or managerial involvement in employment services or labor supply, as follows:

• A certified true copy or a copy (with the original presented for comparison) of the labor contract, employment contract, or decision on recruitment, appointment, or assignment of the enterprise’s legal representative;
• A certified true copy or a copy (with the original presented for comparison) of the appointment decision (for those working under the appointment regime) or the document recognizing election results (for those working under the election regime) of the enterprise’s legal representative, or a copy of the enterprise registration certificate (in case the individual is the legal representative of an employment service enterprise).

Note: In case these documents are issued by foreign authorities, they must be translated into Vietnamese, notarized, and consular legalized in accordance with Vietnamese law.

Step 2: Evaluation and Licensing

After the complete application dossier is submitted via the online system, the Department of Home Affairs will coordinate with the enterprise to schedule an on-site inspection at the company’s headquarters. If the enterprise meets all the statutory requirements, the Department will issue a receipt specifying the date for the result delivery within 07 working days, and subsequently grant the Employment Service License. In case the license is not granted, the Department of Home Affairs will issue a written response clearly stating the reasons for the rejection.

2. Validity of the Employment Service License:

The Employment Service License is valid for a maximum of 60 months and may be renewed multiple times, each for up to 60 months. If reissued, the license term will not exceed the remaining validity of the previous license.

However, to be eligible for renewal, the enterprise must satisfy the following conditions:

(1) Continued compliance with the licensing conditions as stipulated under Article 14 of Decree No. 23/2021/ND-CP. (For more details, please refer to our previous article: “Conditions for Foreign Investors to Operate in Employment Services in Vietnam: Opportunities and Challenges”);

(2) Not falling into any of the cases subject to license revocation under Article 21 of Decree No. 23/2021/ND-CP, including

• Termination of employment service activities at the enterprise’s request;
• Dissolution or bankruptcy declared by a court decision;
• Revocation of the enterprise’s registration certificate;
• Unauthorized use or transfer of the license to another organization or individual;
• Being administratively sanctioned in employment service activities 3 or more times within a 36-month period from the date of the first penalty, or intentionally failing to comply with sanction decisions;
• Forgery of documents in the application dossier, or alteration/falsification of the issued license;
• Failure to maintain one or more licensing conditions as provided under Article 14 of Decree No. 23/2021/ND-CP;
• The legal representative of the enterprise is a foreign national who does not meet the conditions for lawful employment in Vietnam under Article 151 of the 2019 Labor Code.

(3) Compliance with reporting obligations as prescribed under Decree No. 23/2021/ND-CP;

(4) The renewal application dossier must be submitted to the Department of Home Affairs (formerly Department of Labor, Invalids and Social Affairs) at least 20 working days prior to the expiration of the current license.

3. Procedure for Renewal of the Employment Service License

Step 1: The enterprise shall submit 01 set of renewal application documents to the Department of Home Affairs (formerly the Department of Labor, Invalids and Social Affairs) where the enterprise is headquartered.

Application Dossier for extension of Employment Service License, including: 

(1) A written request for license renewal using Form No. 02 of Appendix II issued with Decree No. 23/2021/ND-CP;

(2) A certified true copy or a photocopy presented with the original for comparison of either the Certificate of Land Use Rights and Ownership or the lease agreement for the business premises, satisfying the licensing conditions as outlined in Section 1.(2) above;

(3) If the enterprise applies for license renewal in conjunction with a change of its legal representative, the following documents must also be included, as specified in Sections 1.(4), (5), and (6) above:

• A personal resume of the new legal representative, prepared using Form No. 04 of Appendix II issued with Decree No. 23/2021/ND-CP;
• A personal resume of the new legal representative, prepared using Form No. 04 of Appendix II issued with Decree No. 23/2021/ND-CP;
• A certified true copy, or a photocopy presented with the original for verification, of the professional qualification satisfying licensing conditions; or any document(s) evidencing the legal representative’s direct experience in professional work or in managing employment service or labor supply operations.

Step 2: Application Processing

Upon submission of the complete application dossier via the online system, the Department of Home Affairs will review the documents. If the enterprise satisfies all statutory requirements, the Department will issue a receipt indicating the expected date of result delivery, within 05 working days, and accordingly renew the Employment Service License. If the renewal is not approved, the Department of Home Affairs shall issue a written response to the enterprise stating the reasons for refusal.

4. Procedures for Reissuance of the Employment Service License

An enterprise may request reissuance of its Employment Service License in the following cases:

a) Changes to any of the following information contained in the existing license: Enterprise name; Address of the head office (provided it remains within the same province or centrally-run city that issued the original license); Legal representative of the enterprise;

b) The license is lost

c) The license is damaged and no longer displays complete information;

d) The head office is relocated to another province or centrally-run city different from that which issued the original license.

The procedures for re-issuing the Employment Service License in the cases specified in points a), b), c) are as follows: 

Step 1: The enterprise must submit 01 set of application documents to the Department of Home Affairs (formerly the Department of Labor, War Invalids and Social Affairs) where the enterprise is headquartered.

Application Dossier for reissuance of the Employment Service License, including: 

(1) A written request for reissuance of the license, using Form No. 02 in Appendix II issued with Decree No. 23/2021/ND-CP;

(2) A certified true copy or a photocopy presented with the original for comparison of either the Certificate of Land Use Rights and Ownership or the lease agreement for the business premises, satisfying the licensing conditions as outlined in Section 1.(2) above, applied in case of change of head office address within the same province or city as that of the existing license;

(3) A personal resume of the new legal representative, using Form No. 04 in Appendix II of Decree No. 23/2021/ND-CP; Judicial Record Certificate No. 1, issued within no more than 06 months from the date of application submission; and A certified copy or a photocopy with original for verification of a valid professional qualification satisfying licensing conditions, or documentary evidence proving relevant experience in employment services or labor supply management, in accordance with Sections 1.(4), (5), and (6); applied in case of change of head office address within the same province or city as that of the existing license;

(4) The original Employment Service License previously issued, applicable in cases specified in points a) and c) above.

Step 2: Upon submission of the complete application dossier via the online system, the Department of Home Affairs will review the documents. If the enterprise satisfies all statutory requirements, the Department will issue a receipt indicating the expected date of result delivery, within 05 working days, and accordingly reissue the Employment Service License. If the reissuance is not approved, the Department shall issue a written response to the enterprise clearly stating the reasons for rejection.

The procedures for re-issuing the Employment Service License in the cases specified in points d) are as follows: 

Step 1: The enterprise shall submit 01 application dossier (as listed below) to the Department of Home Affairs (formerly the Department of Labor, Invalids and Social Affairs) where the enterprise’s new head office is located, to request the re-issuance of the license.

Application Dossier for re-issuance of the Employment Service License, including: 

(1) A written request for re-issuance of the license, using Form No. 02 provided in Appendix II issued with Decree No. 23/2021/ND-CP;

(2) A certified true copy or a copy presented together with the original for comparison of either the certificate of ownership or lease agreement of the office premise, meeting the licensing requirements as mentioned in Section 1.(2) above;

(3) The previously issued Employment Service License granted at the enterprise’s former head office.

Step 2: After the complete dossier is submitted through the online system, the Department of Home Affairs will review the dossier. The following steps then apply:

• Within 02 working days from the date of receipt of a valid dossier, the Department of Home Affairs at the new head office location shall issue a written request to the Department of Home Affairs at the former head office location, requesting a copy of the original licensing dossier and confirmation that the enterprise is not subject to license revocation conditions.
• Within 03 working days from the date of receipt of the above request, the Department of Home Affairs at the former head office location shall respond regarding the enterprise’s operational status during its time of operation in that locality and send a copy of the enterprise’s original licensing dossier to the Department of Home Affairs at the new location.
• In the event the enterprise had its license revoked under Article 21.1 of Decree No. 23/2021/ND-CP, the competent state authority shall issue a decision on revocation and notify the Department of Home Affairs at the enterprise’s new head office location.
• Within 03 working days from the date of receipt of the dossier from the former licensing authority, the competent state authority shall review and re-issue the license to the enterprise. If the license is not re-issued, a written response shall be provided clearly stating the reasons.

The procedures for obtaining, renewing, or reissuing an Employment Service License in Vietnam involve strict legal requirements. Enterprises must ensure that their application dossiers are complete and comply with all conditions and timelines set forth under Decree No. 23/2021/ND-CP. As Vietnam continues to improve and align its legal framework with international standards, a thorough understanding of these procedures can help businesses minimize legal risks, reduce administrative delays and costs, and build a solid foundation for operations in the employment services sector. Compliance not only facilitates smoother licensing but also strengthens the company’s reputation and professional capacity in the eyes of clients, workers, and regulatory authorities.

Date written: 20/07/2025

Related posts:

1. Employment service: Mandatory conditions for Foreign investors in Vietnam
2. Conditions for foreign investors to operate in employment services in Vietnam
3. Legal considerations on the employment of elderly foreign employees in Viet Nam

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