The Ministry of Labour, Invalids and Social Affairs mentioned the following information in their review of the 2013 Labour Law. According to their statistics, there are currently over 500 employment service businesses operating in Vietnam.
EMPLOYMENT SERVICE BUSINESSES MAINLY CONCENTRATE ON MAJOR LABOUR MARKETS
These businesses primarily operate in the segment of supplying and introducing skilled labour, especially those with high technical expertise, as well as managerial personnel. Their target clients include large companies, corporations, and foreign-invested enterprises.
Most of these businesses are located in areas with developed labour markets, close to industrial parks and export processing zones such as Hanoi, Ho Chi Minh City, and Binh Duong…
The operating mechanism of employment service businesses is becoming increasingly transparent. These businesses operate according to the Enterprise Law and its guiding documents, and they organize and manage their personnel in accordance with the Labour Code.
At the same time, they apply for a license to provide employment services based on meeting certain conditions, including having a headquarters, a dedicated team (consisting of at least 3 employees with college degrees or higher), and a deposit of 300 million VND, as stipulated in the Labour Law and its guiding documents.
With a team of nearly 2,000 experienced and skilled professionals, the network of employment service businesses has provided annual counselling and job referrals to tens of thousands of workers and thousands of businesses.
They also offer recruitment consulting services and help companies effectively manage and utilize their high-quality human resources.
The Ministry of Labour, Invalids and Social Affairs recognizes the significant contribution of these businesses in connecting labour supply and demand.
However, there is limited information sharing between employment service businesses and the Employment Service Centers, and there are no regulations defining the public-private relationship in employment services.
Moreover, providing employment services is a conditional business activity, and these businesses are allowed to charge fees to job seekers and employers as specified in Circular No. 72/2016/TT-BTC by the Ministry of Finance.
Since January 1, 2017, employment service fees have been determined by market mechanisms. Service prices are set by the businesses themselves, based on balancing the costs incurred in providing the services.
PROPOSED REVISIONS TO THE REGULATIONS ON EMPLOYMENT SERVICE PRICING
Based on practical considerations, the Ministry of Labour, Invalids and Social Affairs has proposed amendments to the Labour Law (amended) to include provisions on public-private coordination and cooperation in employment services.
Concurrently, they suggested modifying the regulations on employment service pricing for businesses, aligning them with the Law on Pricing.
Accordingly, businesses are permitted to charge fees for their employment services, adhering to the Law on Pricing, and they are also responsible for displaying the service prices as mandated by the pricing laws.
The Law also intends to expand the scope of activities for employment service businesses, encompassing: career counselling and orientation, training, employment, and labour policies; consulting on recruitment, utilization, and management of labour, and labour policies for organizations and individuals; and referring job seekers to suitable employment opportunities.
Businesses will also undertake the provision and connection of workers as per the requirements of organizations and individuals; collect, store, and provide labour market information; analyse and forecast the labour market; conduct skills training and education in accordance with legal regulations; and implement programmes and projects related to employment.
Additionally, the draft law clarifies the conditions under which employment service businesses can establish branches. Specifically, businesses must notify the competent authority for employment under the People’s Committee at the provincial level, where the operating license was granted and where the branch office is located, at least 10 working days before engaging in employment service activities.
According to the draft law, businesses will be granted a license to operate employment services if they meet the following conditions: possessing the necessary infrastructure and equipment to provide employment services; having a management team and employment service consultants who meet the requirements; and having made the prescribed deposit. The license for employment services will be valid for a maximum of 60 months.
The Government will stipulate the deposit requirements, conditions, dossiers, procedures for granting, re-granting, extending, and revoking licenses for employment service operations, as well as the process for withdrawing the deposited funds.
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