In order to operate a continuous vocational training establishment (organisme de formation professionnelle continue - FPC), the business manager has to obtain a business permit.
The business permit is granted to the business (either the business manager operating under his own name, or the company he runs) provided:
- the manager meets the legal requirements in terms of qualification and professional integrity;
- and the business has a fixed physical establishment in Luxembourg (no so-called 'letterbox companies').
The General Directorate for SMEs and Entrepreneurship is responsible for verifying that these provisions are complied with at the time the application for a business permit is submitted.
The permit is required for the
provision of training to third parties
outside of the establishment
with the exception of:
- legally established continuous vocational training establishments in another EU Member State or in a country that has signed a bilateral agreement with Luxembourg on vocational training and that holds a business permit in the country of origin;
- businesses who provide equipment and services to promote technological progress and offer training in relation to the equipment.
Who is concerned
A continuous vocational training establishment is a service provider who offers training and teaching classes (except for standard school education) with the aim to achieve, maintain or develop qualifications within the framework of a:
- skills upgrade for the workers and the head of business concerning organisational, production or marketing techniques and technologies;
- professional re-orientation of the worker or head of business;
- the promotion and transfer of the worker to more demanding tasks or positions with more responsibility and a better recognition of skills and potential which is not or not enough used.
In order to justify the qualifications required to manage a continuous vocational training establishment, applicants must have:
- either a university or higher education diploma or a university or higher education degree certifying the completion of a full study cycle of 3 years (issued by a higher education establishment recognised by the State in which the establishment is located and registered in the register of certificates);
- or professional experience as a manager of a vocational training establishment in another EU Member State:
- or for 3 consecutive years:
- as a self-employed worker;
- as the manager of a business;
- or as a salaried worker who has completed vocational training for the profession leading to a certificate recognised recognised by the Minister;
- or for 2 consecutive years, as a self-employed worker or as the manager of a company, provided the applicant can provide proof of:
- either training in business management attested by a recognised certificate;
- or as a salaried teacher in the field of vocational training for at least 3 years.
The activity as a self-employed person or business manager must not have ended for more than 5 years from the date of submission of the business permit application.
In order to be acknowledged as a business manager, the applicant must have worked in a continuous vocational training establishment as:
- either a business manager or head of a branch office;
- or as a deputy director or manager, provided the position included responsibility at the same level as the business manager or director;
- or the applicant must have held a leading management position involving tasks that are characteristic of the profession and must have been the head of at least one department in the business.
How to proceed
Applying for a business permit
Documentary proof of qualification
In order to provide proof of professional qualification as a manager of a continuous vocational training establishment, business managers must attach the following to their business permit application:
- a copy of their degrees, diplomas or certificates of successful completion (it is advisable to attach certified true copies for certificates or diplomas issued by bodies outside the EU);
- in the case of professional experience in another European Union country:
- a certificate (European certificate of experience or equivalent) issued by the competent authority or body in the country of origin (generally a professional association);
- and/or in the case of professional activities in Luxembourg:
- a certificate of affiliation to the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS);
- or a copy of a business permit previously held for the same profession;
- or a certificate of affiliation to the National Pension Insurance Fund (Caisse Nationale d'Assurance Pension - CNAP) during 3 consecutive years at least;
- where applicable, proof of the recognition of professional qualifications issued by the Ministry of Education, Children and Youth.
Documents attesting to professional integrity
In order to provide proof of professional integrity, business managers must attach the following to their business permit application:
- applicants residing in Luxembourg for more than 10 years:
- a sworn declaration (affidavit) concerning any management positions held in businesses during the 3 years prior to the application;
- an extract from the criminal record no. 3.
- applicants who do not reside in Luxembourg or have been residing in the country for less than 10 years:
- an affidavit (sworn statement);
- a declaration of non-bankruptcy made before a notary;
- an extract from the criminal record no. 3 or equivalent issued by the State(s) in which the applicant has resided during the 10 years prior to the application.
In the event of an online application for a business permit via MyGuichet (with a Luxtrust card), the system will automatically generate the list of supporting documents to be attached to the application and which may vary depending on the data entered by the applicant.
Managers who run their business as a sole proprietorship can collect their business permit at the Joint Social Security Centre (CCSS).
Managers who run their business under the legal form of a company (partnership / capital company) will receive their business permit by post.
Other documents to be submitted with the application
The following documents must also be attached to the business permit application:
- a copy of the manager's identity card;
- proof of payment of stamp duty (droit de chancellerie), in the form of:
- either a tax stamp, value EUR 24, purchased at the Registration Duties, Estates and VAT Authority (Administration de l'enregistrement, des domaines et de la TVA - AED);
- or the proof of payment of EUR 24 into the IBAN account LU09 1111 7026 5281 0000, BIC code: CCPLLULL of the Diekirch Revenue Office, with the following communication: 'autorisation de commerce';
- in the event of an application for a business (legal person), the company's articles of association which have been filed with the Trade and Companies Register.
Registrations/affiliations depending on the legal form chosen
After the business manager has received the business permit, he must complete several administrative procedures which depend on the legal form of business chosen.
In the case of a sole proprietorship, the business manager has to:
Partnerships (SENC, SECS)
In the case of a partnership (SECS, SENC), the managers have to:
Capital companies (SA, SARL, SECA, SE)
In the case of a capital company (SA, SARL, SECA, SE), the managers have to:
Forms / Online services
Business permit application
Demande d’autorisation d’établissement
Antrag auf Niederlassungsgenehmigung
Application for an extract from the police records for a natural person - online service
Demande d'extrait de casier judiciaire pour personne physique - service en ligne
Beantragung eines Auszugs aus dem Strafregister für natürliche Personen - Online-Vorgang
Business permit application and related notification
Demande d'autorisation d'établissement et notification y relative
Antrag auf Niederlassungsgenehmigung und diesbezügliche Mitteilung
Déclaration sur l'honneur
Who to contact