Decree No. 352/2025/ND-CP on elaborating certain articles of the Law on Employment concerning employment services

 

DECREE

Elaborating certain articles of the Law on Employment concerning employment services

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to Law on Employment No. 74/2025/QH15;

At the request of the Minister of Domestic Affairs;

The Government of Vietnam hereby promulgates a Decree elaborating certain articles of the Law on Employment concerning employment services.

Chapter I

GENERAL PROVISIONS

Article 1. Regulated scope

This Decree elaborates certain contents on employment services in clause 5 Article 27, clause 5 Article 28 of Law on Employment No. 74/2025/QH15 and National Job Exchange, withdrawal of deposits of the provision of employment services.

Article 2. Regulated entities

1. Employment service providers as prescribed in clause 2 Article 27 of Law No. 74/2025/QH15, including:

a) Public employment service providers;

b) Enterprises engaged in employment service provision.

2. Other agencies, organizations and individuals related to employment service provision.

Chapter II

CONDITIONS FOR ESTABLISHMENT, ORGANIZATION AND OPERATION OF PUBLIC EMPLOYMENT SERVICE PROVIDERS

Article 3. Public employment service providers

1. Public employment service providers are public service providers, including:

a) Public employment service providers established by employment authorities;

b) Public employment service providers established by socio-political organizations.

2. Public employment service providers shall have their own seals and accounts.

3. Public employment service providers shall operate under the autonomy mechanism applicable to public service providers in accordance with law.

Article 4. Conditions for establishment, reorganization and dissolution

1. A public employment service provider to be established shall satisfy conditions for establishment of a public service provider in accordance with the Government’s regulations on establishment, reorganization and dissolution of public service providers and the following conditions:

a) The public employment service provider must have a website capable of ensuring connectivity and data sharing with the National Job Exchange (available at: www.vieclam.gov.vn);

b) The public employment service provider must have equipment for performing the tasks prescribed in Article 7 of this Decree, in conformity with the standards and norms for specialized machinery and equipment promulgated by competent authorities;

c) The authority competent to establish the public employment service provider must ensure funding for the provision of public employment services in accordance with law.

2. Conditions for reorganization or dissolution of public employment service providers shall comply with the Government’s regulations on establishment, reorganization and dissolution of public service providers.

3. Newly established or reorganized public employment service providers shall implement plans on headquarters, equipment and personnel within 90 days from the date of the establishment decision.

Where it is necessary to establish a new public employment service provider, such provider must fully self-cover its recurrent expenditures and investment expenditures.

Article 5. Procedures for establishment, reorganization and dissolution

1. Procedures and applications for establishment, reorganization and dissolution of public employment service providers shall comply with the Government’s regulations on establishment, reorganization and dissolution of public service providers.

2. The public employment service provider specified in point b clause 1 Article 3 of this Decree to be established must obtain a written approval of the People’s Committee of the province where its headquarters is located.

3. Within 03 working days from the date of issuance of the decision on establishment, reorganization or dissolution of a public employment service provider, the authority competent to establish, reorganize or dissolve such provider shall publish the decision on the web portal or website of the issuing authority and on the National Job Exchange.

Article 6. Names of public employment service providers

1. Public employment service providers shall have names in Vietnamese and foreign languages, and their own logos (if any).

2. The name and logo of a public employment service provider shall comply with the following principles:

a) Containing the words “center” and “employment service”;

b) Not contravening the historical, cultural, ethical traditions and customs of the nation.

c) Not being identical or confusingly similar to the names or logos of other units previously established.

Article 7. Operating activities of public employment service providers

1. Duties of public employment service providers

a) Counseling activities, including:

Career counseling and guidance; counseling on the national qualifications framework for vocational skills;

Employment counseling for employees to select jobs suitable to their abilities and aspirations;

Counseling on application and recruitment participation skills; self-employment; and employment seeking in Viet Nam and abroad;

Counseling for agencies, organizations and individuals on recruitment, employment and management of employees; governance and employment development, and human resource development;

Counseling on labour and employment policies for employees and employers.

b) Job referral for employees, including:

Domestic job referral for employees;

Overseas job referral for employees through enterprises licensed to send Vietnamese employees to work abroad under contracts, outbound investment organizations and individuals, or public service providers under ministries, ministerial agencies or Governmental agencies assigned to send Vietnamese employees to work abroad under contracts in accordance with the Law on Vietnamese Guest Workers.

c) Labour supply and job referral for employers, including:

Recruiting employees through examinations in order to select and refer persons satisfying the conditions and requirements of employers;

Referring employees in accordance with employers’ requirements.

d) Collecting, analyzing, storing and providing labour market information.

2. Public employment service providers established by provincial employment authorities shall perform the activities prescribed in clause 1 of this Article and receive and process applications for unemployment insurance benefits in accordance with the Government’s regulations on unemployment insurance.

3. Public employment service providers established by central employment authorities shall perform the duties prescribed at point d clause 1 of this Article; assist regulatory authorities in performing tasks relating to employment services, labour market information and unemployment insurance; manage and operate the National Job Exchange; and coordinate and connect the activities of public employment service providers nationwide.

Article 8. Organizational structure

1. The leadership of a public employment service provider shall comprise a Director and Deputy Directors. The number of Deputy Directors shall comply with the Government’s regulations on establishment, reorganization and dissolution of public service providers.

2. On the basis of the scale and nature of operations, the authority competent to decide the establishment, reorganization or dissolution of a public employment service provider shall prescribe the functions, duties, powers and organizational structure of such public employment service provider. The establishment of divisions under a public employment service provider shall comply with the Government’s regulations on establishment, reorganization and dissolution of public service providers.

3. The number of personnel of a public employment service provider shall be determined on the basis of job positions, workload of each job position, and technical-economic norms corresponding to the duties prescribed in Article 7 of this Decree.

The Minister of Home Affairs shall provide guidance on leadership and managerial job positions, professional titles in specialized sectors, the structure of public employees by professional title, and staffing norms applicable to public employment service providers.

Article 9. Funding sources

1. State budget funds in accordance with the Government’s regulations on the financial autonomy mechanism of public service providers.

2. Funding from the Unemployment Insurance Fund in accordance with the Government’s regulations on the financial mechanism for unemployment insurance and expenditures for the organization and operation of unemployment insurance.

3. Revenues generated from the provision of services of public employment service providers in accordance with law.

4. Other lawful revenues.

Article 10. Management of the provision of employment services

1. Public employment service providers shall receive and compile dossiers of agencies, organizations and individuals registering for employment counseling, employment seeking, labour supply and labour referral services in accordance with Forms No. 01, 01a, 02, 03 and 03a of Appendix I enclosed with this Decree.

2. Within 20 working days from the date on which an employer announces recruitment of employees, the public employment service provider shall update the results on the National Job Exchange and monitor the employment status of employees referred by the provider for at least 01 month or throughout the term of the employment contract in cases where the employment contract has a term of less than 01 month in accordance with Form No. 04 of Appendix I enclosed with this Decree.

3. Public employment service providers shall apply information technology in organizing and managing the provision of employment services, including conducting electronic transactions with employees and employers where all conditions prescribed by law and guidance of the Ministry of Home Affairs are satisfied; documents used in electronic transactions in the field of employment services shall have the same legal validity as those used in paper-based transactions.

Article 11. Responsibilities of public employment service providers

1. Provide free employment counseling and referral services for employees and freely provide labor market information.

2. Receive and provide employment services on the National Job Exchange in accordance with the guidance of the Ministry of Home Affairs.

3. Publicly post working hours and procedures for the provision of employment services; and ensure the quality of public employment services in accordance with criteria and standards prescribed by competent regulatory authorities.

4. Ensure the safety and confidentiality of personal data, labour data and employment transaction data in accordance with law; and develop and implement measures for prevention, detection, warning and prevention of fraudulent and deceptive acts during the provision of employment services.

5. Organize conduct of employment transactions and employment transaction sessions; and collect, store, analyze and forecast the labour market within their administrative divisions.

6. Collect and update data on job seekers and labour recruitment demands of organizations and individuals into the database system.

7. Comply with the provisions of law on organization and operation of public employment service providers.

8. Every six months (before June 20) and annually (before December 20), public employment service providers shall submit reports on the results of provision of employment services to Departments of Home Affairs through the National Job Exchange using Form No. 01 of Appendix III enclosed with this Decree.

For 6-month reports: The reporting period is from December 15 of the previous year to June 14 of the reporting year.

For annual reports: The reporting period is from December 15 of the previous year to December 14 of the reporting year.

Chapter III

ENTERPRISES ENGAGED IN EMPLOYMENT SERVICE PROVISION

Article 12. Operating activities of enterprises engaged in employment services

1. Counseling activities, including:

a) Career counseling and guidance; counseling on the national qualifications framework for vocational skills;

b) Employment counseling for employees to select jobs suitable to their abilities and aspirations;

c) Counseling on application and recruitment participation skills; self-employment; and employment seeking in Viet Nam and abroad;

d) Counseling for agencies, organizations and individuals on recruitment, employment and management of employees; governance and employment development, and human resource development;

dd) Counseling on labour and employment policies for employees and employers.

2. Job referral for employees, including:

a) Domestic job referral for employees;

b) Overseas job referral for employees through enterprises licensed to send Vietnamese employees to work abroad under contracts, outbound investment organizations and individuals, or public service providers under ministries, ministerial agencies or Governmental agencies assigned to send Vietnamese employees to work abroad under contracts in accordance with the Law on Vietnamese Guest Workers.

3. Labour supply and job referral for employers, including:

a) Recruiting employees through examinations in order to select and refer persons satisfying the conditions and requirements of employers;

b) Referring employees in accordance with employers’ requirements.

4. Collecting, analyzing, storing and providing labour market information.

Article 13. Authority to issue, reissue, renew and revoke Licences to provide employment services

1. The People’s Committees of provinces shall have authority to issue, reissue, renew and revoke Licences to provide employment services for enterprises headquartered at the provinces.

2. The People’s Committees of provinces shall decide the delegation or authorization of performance of the duties and powers specified in clause 1 of this Article in accordance with the Law on Organization of Local Governments No. 72/2025/QH15.

3. Within 03 working days from the issuance, reissuance, renewal or revocation of a Licence to provide employment services, the authority competent to issue, reissue, renew or revoke the Licence (hereinafter referred to as “competent authority”) shall update the newly issued, reissued or renewed Licence or the decision to revoke the Licence on the portal or website of the issuing authority and the National Job Exchange.

Article 14. Licences to provide employment services

1. Licences to provide employment services (hereinafter referred to as “Licences”) shall be issued, reissued or renewed by competent authorities to enterprises fully satisfying the conditions in Article 15 of this Decree.

2. Licences shall be issued using form No. 01 of Appendix II enclosed with this Decree.

3. The validity period of Licences shall be as follows:

a) The maximum validity period of a Licence shall be 60 months;

b) A licence may be renewed multiple times, provided that each renewal period shall not exceed 60 months.

c) The term of a reissued licence shall be equal to the remaining term of the previously issued licence.

Article 15. Conditions for issuance of Licences to provide employment services

1. The enterprise has its own headquarters or branch(es) or is leasing premises for provision of employment services with a remaining term of at least 02 years (24 months) as of the date on which the enterprise submits the application for issuance of the Licence.

2. The enterprise has paid VND 300.000.000 (three hundred million Vietnamese dong) as an employment service provision deposit.

3. The legal representative of the enterprise engaged in employment service provision must not have limited or lost civil act capacity; and must hold at least a university degree or have at least 02 years (24 months) of experience in the field of employment services or labour supply.

Article 16. Deposit for the provision of employment services

1. An enterprise shall pay an amount of deposit as prescribed in clause 2 Article 15 of this Decree at a commercial bank of Viet Nam or a foreign bank branch lawfully established and operating in Viet Nam (hereinafter referred to as the “deposit-taking bank”).

The interest rate applicable to the deposit amount shall be agreed upon by the enterprise and the deposit-taking bank in the deposit agreement, provided that such rate is consistent with the regulations of the State Bank of Viet Nam on interest rates applicable to deposits in Vietnamese dong from time to time.

2. The deposit amount of the enterprise shall only be used for payment of financial obligations arising where the enterprise fails to perform or improperly performs its obligations during the provision of employment services at the request of a competent authority.

Within 30 days from the date on which the deposit amount is used, the enterprise must reimburse the amount used and maintain the deposit at the prescribed level.

3. An enterprise may withdraw the deposit where it falls into one of the following cases:

a) The enterprise is not granted a Licence;

b) The enterprise has its Licence revoked, or its Licence is not renewed or reissued, or the Licence expires;

c) The enterprise has made a deposit at another deposit-taking bank;

d) The enterprise encounters difficulties and is unable to compensate employees or employers due to violations of regulations on employment services after 60 days from the expiry of the compensation deadline prescribed by law.

4. An application for withdrawal of the deposit submitted to the competent authority shall comprise:

a) A written request for withdrawal of the deposit made by the enterprise using Form No. 08 of Appendix II enclosed herewith;

b) A certificate of deposit for provision of employment services issued by another deposit-taking bank, in the case specified at point c clause 3 of this Article;

c) A report on the fulfillment of obligations and documentary evidence of such fulfillment (if any), in the case specified at point b clause 3 of this Article;

d) A plan for use of the amount withdrawn from the deposit account, including: reasons and purposes for withdrawal of the deposit; list of employees and employers; amounts, time and methods of payment, in the case specified at point d clause 3 of this Article.

5. Procedures for withdrawal of the deposit for the provision of employment services shall be as follows:

a) The enterprise shall submit 01 application for withdrawal of the deposit prescribed in clause 4 of this Article directly, by post, through service providers (being enterprises or individuals), or by authorization, to the Public Administration Service Center of the province where the enterprise’s headquarters is located, or online through the National Public Service Portal;

b) Within 05 working days from the date of receipt of a complete and valid application, the competent authority shall inspect and verify the application and the fulfillment by the enterprise of obligations prescribed at point b clause 3 of this Article, and shall issue a written approval for withdrawal of the deposit using Form No. 09 of Appendix II enclosed herewith and the plan for use of the deposit (if any), to the enterprise and the deposit-taking bank. In case of refusal to approve the withdrawal of the deposit, a written response stating reasons therefor must be provided to the enterprise.

6. A deposit-taking bank shall have the following responsibilities:

a) Issue certificates of deposits for provision of employment services using Form No. 02 of Appendix II enclosed with this Decree after the enterprise completes deposit procedures;

b) Comply with regulations on account opening, management, payment, withdrawal of deposits, use of the deposit accounts of the enterprise engaged in employment service provision and other regulations relating to such account;

c) Not allow an enterprise to withdraw the deposit without a written approval for such withdrawal issued by the competent authority of the administrative division where the enterprise’s headquarters is located;

d) Send a written notification to the competent authority of the administrative division where the enterprise’s headquarters is located within 03 working days from the date on which the enterprise withdraws the deposit;

dd) Fully perform responsibilities of a deposit-taking bank as prescribed in this Decree and relevant laws.

Article 17. Applications and procedures for issuance of Licences

1. An application for issuance of a Licence shall include:

a) A written request for issuance of a Licence made using the Form No. 03 of Appendix II enclosed herewith;

b) 01 original of the Certificate of deposits for provision of employment services issued using Form No. 02 of Appendix II enclosed herewith;

c) 01 valid copy (including a copy issued from the master register, a certified copy, an electronically certified copy, or a copy compared against the original) of the Certificate of ownership of housing and other assets affixed to land, or an agreement for lease of premises serving the provision of employment services, with a remaining term of at least 02 years (24 months) as of the date on which the enterprise submits the application for issuance of the Licence.

Where information on the Certificate of ownership of housing and other assets affixed to land is already available in the National Land Database, submission of a copy of such Certificate as prescribed at this point shall not be required.

d) 01 valid copy of a professional qualification diploma or 01 valid copy of documents evidencing the experience of the legal representative of the enterprise engaged in employment service provision (including an appointment decision, employment contract, working contract, social insurance participation record, or certification of experience issued by the former employer).

Where documents evidencing experience are issued by foreign authorities, they must be translated into Vietnamese, certified and consularly legalized in accordance with law

Where information on the employment contract, working contract, or social insurance participation record of the legal representative of the enterprise engaged in employment service provision is already available in the national database on social insurance or the employee database, documents evidencing experience as prescribed at this point shall not be required.

2. Procedure for issuance of a Licence shall be as follows:

a) The enterprise shall submit 01 application for issuance of a Licence prescribed in clause 1 of this Article directly, by post, through service providers (being enterprises or individuals), or by authorization, to the Public Administration Service Center of the province where the enterprise’s headquarters is located, or online through the National Public Service Portal;

b) Within 05 working days from the date of receipt of a complete and valid application for issuance of a Licence, the competent authority shall consider issuing a Licence to the enterprise using Form No. 01 of Appendix II enclosed with this Decree. If the application is rejected, a written response stating reasons for the rejection is required.

Article 18. Applications and procedures for issuance of Licences

1. A Licence shall be reissued in the following cases:

a) Change of the name of the enterprise licensed in accordance with laws on enterprises;

b) Change of the legal representative of the enterprise engaged in employment service provision;

c) Change of the headquarters of the enterprise engaged in employment service provision, provided that the new address is still located within the same province where the Licence was issued;

d) The Licence contains incorrect information, is damaged and no longer usable, or cannot be authenticated;

dd) The Licence is lost;

e) The headquarters is relocated to a province different from the province where the Licence was originally issued.

2. An application for reissuance of a Licence as prescribed in clause 1 of this Article shall include:

a) A written request for reissuance of a Licence made using the Form No. 04 of Appendix II enclosed herewith;

b) The document specified in point c clause 1 Article 17 of this Decree, in the cases specified in points c and e clause 1 of this Article;

c) The document specified in point d clause 1 Article 17 of this Decree, in the case specified in point b clause 1 of this Article;

d) The Licence that was issued, in the cases specified in points a, b, c, d and e clause 1 of this Article.

3. Procedures for reissuance of a Licence, in the cases specified in points a, b, c, d and dd clause 1 of this Article, shall be as follows:

a) The enterprise shall submit 01 application for reissuance of a Licence prescribed in clause 2 of this Article directly, by post, through service providers (being enterprises or individuals), or by authorization, to the Public Administration Service Center of the province where the enterprise’s headquarters is located, or online through the National Public Service Portal;

b) Within 03 working days from the date of receipt of a complete and valid application for reissuance of a Licence, the competent authority shall consider reissuing a Licence to the enterprise using Form No. 01 of Appendix II enclosed with this Decree. If the application is rejected, a written response stating reasons for the rejection is required.

4. Procedures for reissuance of a Licence, in the case specified in point e clause 1 of this Article, shall be as follows:

a) The enterprise shall submit 01 application for reissuance of a Licence prescribed in clause 2 of this Article directly, by post, through service providers (being enterprises or individuals), or by authorization, to the Public Administration Service Center of the province where the new headquarters of the enterprise is located, or online through the National Public Service Portal;

b) Within 02 working days from the date of receipt of a complete and valid application for reissuance of the Licence, the authority competent to consider re-issuing the Licence in the administrative division where the enterprise proposes to establish its new headquarters shall send a written request to the competent authority that previously issued the Licence for provision of a copy of the application for issuance of the Licence and confirmation that the enterprise does not fall into any case subject to revocation of the Licence;

c) Within 03 working days from the date of receipt of the written request from the authority competent to reissue the Licence in the administrative division where the enterprise proposes to establish its new headquarters, the competent authority that previously issued the Licence shall provide a written response on the operational status of the enterprise during its operation in the their administrative division and send a copy of the enterprise’s application for issuance of the Licence to the authority competent to reissue the Licence in the administrative division where the enterprise proposes to establish its new headquarters.

Where the enterprise is subject to revocation of the Licence according to clause 1 Article 20 of this Decree, the competent authority that previously issued the Licence shall issue a decision on revocation and notify the authority competent to reissue the Licence in the administrative division where the enterprise proposes to establish its new headquarters;

d) Within 03 working days from the date of receipt of the written response from the competent authority that previously issued the Licence, the authority competent to reissue the Licence in the administrative division where the enterprise proposes to establish its new headquarters shall consider re-issuing the Licence to the enterprise using Form No. 01 of Appendix II enclosed with this Decree. If the application is rejected, a written response stating reasons for the rejection is required.

Article 19. Applications and procedures for renewal of Licences

1. A Licence may be renewed where the following conditions are satisfied:

a) The conditions specified in Article 15 of this Decree are satisfied.

b) The enterprise applying for the Licence is not subject to revocation of the Licence as prescribed in clause 1, Article 20 hereof;

c) The enterprise complies with the reporting regime prescribed herein;

d) The application for renewal of the Licence is submitted to the authority competent to renew the Licence at least 30 working days before the expiry date of the Licence.

2. An application for renewal of a Licence shall include:

a) A written request for renewal of a Licence made using the Form No. 05 of Appendix II enclosed herewith;

b) The documents specified in point c clause 1 Article 17 of this Decree;

c) The document specified in point d clause 1 Article 17 of this Decree, in cases where the enterprise requests renewal of the Licence concurrently with a change of the legal representative of the enterprise engaged in employment service provision.

3. Procedure for renewal of a Licence shall be as follows:

a) The enterprise shall submit 01 application for renewal of a Licence prescribed in clause 2 of this Article directly, by post, through service providers (being enterprises or individuals), or by authorization, to the Public Administration Service Center of the province where the enterprise’s headquarters is located, or online through the National Public Service Portal;

b) Within 03 working days from the date of receipt of a complete and valid application for renewal of a Licence, the competent authority shall consider renewing a Licence to the enterprise using Form No. 01 of Appendix II enclosed with this Decree. If the application is rejected, a written response stating reasons for the rejection is required.

Article 20. Applications and procedures for revocation of Licences

1. An enterprise shall have its Licence revoked in the following cases:

a) The enterprise violates the provisions of clauses 2, 3 and 4 Article 5 of Law No. 74/2025/QH15;

b) The enterprise requests termination of the employment service provision;

c) The enterprise has its Certificate of enterprise registration revoked; the enterprise is dissolved or declared bankrupt;

d) The enterprise fails to continuously satisfy the conditions specified in Article 15 of this Decree.

dd) The enterprise allows another enterprise, organization or individual to use the Licence;

e) The enterprise has incurred administrative penalties for violations against regulations on provision of employment services at least 03 times within 36 months from the date of the first penalty decision or intentionally fails to comply with a previous penalty decision;

g) The legal representative of the enterprise engaged in employment service provision is a foreign national who does not satisfy the conditions for working in Vietnam as prescribed in Article 151 of the Labour Code No. 45/2019/QH14.

2. An application for revocation of a Licence, in the cases prescribed at points b and c clause 1 of this Article, shall comprise:

a) A written request for revocation of a Licence made using the Form No. 06 of Appendix II enclosed herewith;

b) The issued Licence or, in the case that the Licence is lost, a written undertaking by the enterprise engaged in employment service provision assuming legal responsibility therefor.

3. Procedures for revocation of a Licence, in the cases specified in points b and c clause 1 of this Article, shall be as follows:

a) The enterprise shall submit 01 application for revocation of a Licence prescribed in clause 2 of this Article directly, by post, through service providers (being enterprises or individuals), or by authorization, to the Public Administration Service Center of the province where the enterprise’s headquarters is located, or online through the National Public Service Portal;

b) Within 03 working days from the date of receipt of a complete and valid application for revocation of a Licence, the competent authority shall consider issuing a Decision on revocation of the Licence using Form No. 07 of Appendix II enclosed with this Decree. If the application is rejected, a written response stating reasons for the rejection is required.

4. Procedures for revocation of a Licence, in the cases specified in points a, d, dd, e and g clause 1 of this Article, shall be as follows:

a) Upon detection of violations or upon recommendations made following inspections, examinations or audits conducted by competent regulatory authorities in respect of enterprises falling into the cases prescribed at points a, d, dd, e and g clause 1 of this Article, the competent authority in the administrative division where the enterprise’s headquarters is located shall conduct inspections, collect relevant evidence or examine applications transferred by competent authorities for consideration of issuance of a Decision on revocation of the Licence;

b) Within 05 working days from the date of receipt of the Decision on revocation of the Licence, the enterprise shall return the Licence to the authority competent to revoke the Licence in the administrative division where the enterprise’s headquarters is located, and shall ensure the lawful rights and interests of agencies, organizations and individuals using employment services provided by the enterprise in accordance with law.

5. An enterprise shall not be granted a Licence within 03 years from the date of revocation of the Licence in the cases prescribed at points a, d, dd, e and g clause 1 of this Article.

Article 21. Branches of enterprises engaged in employment service provision

1. An enterprise has the right to establish branches providing domestic employment services in accordance with Law on Enterprises No. 59/2020/QH14 and satisfying the conditions prescribed in clause 1 Article 15 of this Decree.

2. Within 10 working days from the date of issuance of the decision to assign duties to a branch, the enterprise must notify the competent authority in the administrative division where the enterprise’s headquarters is located and the competent authority in the administrative division where the branch is located (in cases where the branch is located in a province different from the province where the enterprise was granted the Licence), enclosed with documents evidencing satisfaction of the conditions prescribed in clause 1 Article 15 of this Decree.

3. Obligations of a branch providing employment services:

a) The branch shall publicly post at their office the enterprise’s decision to assign duties to the branch to provide employment services and a certified true copy of the enterprise’s Licence to provide employment services;

b) Every six months (before June 20) and annually (before December 20), the branch shall submit a report on the results of provision of employment services to the competent authority in the administrative division where its office is located through the National Job Exchange using Form No. 02 of Appendix III enclosed with this Decree.

For 6-month periodic reports: The reporting period is from December 15 of the previous year to June 14 of the reporting year.

For annual reports: The reporting period is from December 15 of the previous year to December 14 of the reporting year.

4. The duration of employment service provision of a branch shall not exceed the validity period of the Licence of the enterprise engaged in employment service provision.

Article 22. Notification of provision of employment services

1. Within 20 working days from the date of issuance of the Licence, the enterprise must publicly notify on mass media the Licence, location, scope of activities, name of the legal representative, website (if any), email address and contact telephone number.

2. At least 10 working days prior to commencing the provision of employment services, the enterprise shall notify in writing the competent authority in the administrative division where the enterprise’s headquarters is located of the commencement date of its operations.

3. In the event of relocation of a branch, the enterprise must send a written notification of the new location of the branch to the competent authority in the administrative division where the branch is located, enclosed with documents evidencing satisfaction of the conditions prescribed in clause 1 Article 15 of this Decree, at least 10 working days prior to the date of relocation.

Article 23. Responsibilities of enterprises engaged in employment service provision

An enterprise engaged in employment service provision shall have the following responsibilities:

1. The enterprise shall publicly post at its headquarters and its branches a certified true copy of the Licence, working schedule, charges for employment counseling and job referral services, and the enterprise’s contact information, including: The enterprise name, addresses of the headquarters and branches, website (if any), email address and contact telephone number.

2. Within 20 working days from the date on which an employer announces recruitment of employees, the enterprise shall update the results on the National Job Exchange and monitor the employment status of employees referred by the enterprise for at least 01 month or throughout the term of the employment contract in cases where the employment contract has a term of less than 01 month in accordance with Form No. 04 of Appendix I enclosed with this Decree.

3. The enterprise shall establish, update and manage data on employees registering for employment counseling and job referral services, and employers registering recruitment demands, and carrying out connection and sharing of information and data in accordance with the guidance of the Ministry of Home Affairs.

4. The enterprise shall ensure the safety and confidentiality of personal data, labour data and employment transaction data in accordance with law; and develop and implement measures for prevention, detection, warning and prevention of fraudulent and deceptive acts during the provision of employment services.

5. The enterprise shall be responsible for connecting, sharing and synchronizing information and data on the National Job Exchange if it provides employment services through e-commerce methods.

6. Within 15 working days from the date of receipt of a written notification of refusal to reissue or renew or revoke the Licence from the competent authority, the enterprise shall liquidate ongoing contracts for provision of employment services and fulfill obligations and responsibilities relating to the provision of employment service provision to agencies, organizations and individuals in accordance with law.

7. Every six months (before June 20) and annually (before December 20), the enterprise shall submit a report on the results of provision of employment services to the competent authority through the National Job Exchange using Form No. 02 of Appendix III enclosed with this Decree.

For 6-month periodic reports: The reporting period is from December 15 of the previous year to June 14 of the reporting year.

For annual reports: The reporting period is from December 15 of the previous year to December 14 of the reporting year.

8. The enterprise shall fully perform the responsibilities of enterprises engaged in employment service provision as prescribed in this Decree.

Chapter IV

POWERS AND RESPONSIBILITIES

Article 24. Powers and responsibilities of the Ministry of Home Affairs

1. The Ministry of Home Affairs shall assist the Government in uniformly performing state management of the provision of employment services nationwide.

2. Organize implementation, disseminate, provide guidance on, monitor implementation of, conduct specialized inspections and supervisions of the implementation of this Decree;

3. Decide the establishment of the National Employment Service Center to perform the duties prescribed in clause 3 Article 7 of this Decree.

4. Develop and manage the National Job Exchange operating on a digital platform for the purpose of connecting, integrating and sharing labour and employment data nationwide in order to support employment transactions, state management and labour market analysis and forecasting.

The Ministry of Home Affairs shall promulgate regulations on, and manage and operate, the National Job Exchange in accordance with laws on cybersecurity, electronic transactions, personal data protection and other relevant laws.

Article 25. Powers and responsibilities of central agencies of socio-political organizations

1. Review, arrange and consolidate public employment service providers under their establishment competence to ensure satisfaction of operational standards and conditions prescribed in this Decree.

2. Inspect activities of public employment service providers under their management in accordance with law.

3. Monitor, consolidate and prepare 6-month and annual reports on the operation of public employment service providers under their competence for establishment or reorganization using Form No. 03 of Appendix III enclosed with this Decree, and submit such reports to the Ministry of Home Affairs.

Article 26. Powers and responsibilities of the Provincial People’s Committees

1. Organize implementation of this Decree within their provinces; conduct inspections and prepare 6-month, annual or ad hoc reports on the results of employment service provision under their management using Form No. 03 of Appendix III enclosed with this Decree for submission to the Ministry of Home Affairs.

2. Decide the establishment, reorganization, renaming and dissolution of, and prescribe the organizational structure, tasks and powers of, public employment service providers under the provincial People’s Committees in accordance with law; ensure maintenance of public employment service providers under the Departments of Home Affairs to implement policies on employment, labour market development and unemployment insurance.

3. Formulate and submit, to the People’s Councils at the same level for consideration and promulgation, resolutions on local budget expenditure estimates for provision of employment counseling and job referral services to employees not participating in unemployment insurance, and provision of labour market information through public employment service providers.

4. Decide specific regimes, standards and norms of budget expenditures assigned by the People’s Councils at the same level for provision of employment services within their provinces; decide allocation and assignment of expenditure estimates for employment services in accordance with laws on state budget.

5. Manage the number of personnel salaried from the state budget in public employment service providers under their management in accordance with law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 27. Entry into force

1. This Decree comes into force from January 01, 2026.

2. Government’s Decree No. 23/2021/ND-CP dated 19 March 2021 elaborating clause 3 Article 37 and Article 39 of the Law on Employment regarding employment service centers and enterprises engaged in employment service provision shall cease to have effect from the effective date of this Decree.

 Article 28. Transitional provisions

1. Enterprises having been issued, reissued or renewed with a Licence prior to the effective date of this Decree may continue providing employment services until the expiry date of the Licence, except in cases where the Licence is revoked according to clause 1 Article 20 of this Decree.

2. The provisions at points c and e clause 1 Article 18 of this Decree shall not apply to cases where an enterprise changes the address of its headquarters from the address stated in the Licence due to arrangement or reorganization of administrative divisions at different levels, except where the enterprise requests reissuance of the Licence.

3. Enterprises that have submitted complete applications for issuance, reissuance, renewal or revocation of the Licence and have satisfied all conditions under Government’s Decree No. 23/2021/ND-CP prior to the effective date of this Decree, but have not had the Licence issued, reissued, renewed or revoked, shall not be required to repeat the completed procedures and shall have the Licence issued, reissued, renewed or revoked in accordance with this Decree.

4. Public employment service providers established and operating in accordance with Government’s Decree No. 23/2021/ND-CP may continue operating. Where such providers fail to satisfy the conditions prescribed in clause 1 Article 4 of this Decree, they must fully satisfy such conditions within 24 months; otherwise, they must terminate employment service provision.

Article 29. Implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Heads of socio-political organizations, Chairpersons of the People’s Committees of provinces and central-affiliated cities, and relevant agencies, organizations and individuals are responsible for implementation of this Decree.