VI Procedures for re-issuing work permits for foreign workers working in Vietnam. Let’s find out more with Pham Consult!
Procedures for re-issuing work permits for foreign workers working in Vietnam
In Vietnam, the legal work of foreign workers is always one of the important factors contributing to socio-economic development. To ensure the rights and obligations of both employees and employers, as well as maintain order in the labor market, legal regulations related to work permits are always given special attention and are regularly reviewed and adjusted to suit the practical situation. During the working process, for many different reasons, foreign workers need to be re-issued a work permit to continue their work. Understanding the procedures for re-issuing a work permit is necessary to ensure that the work process of foreign workers is not interrupted, while helping businesses comply with current legal regulations.
- Cases in which foreign workers need to be re-issued a work permit
A work permit (hereinafter referred to as “Work Permit”) is a document issued by a competent authority allowing foreigners to work legally in Vietnam. The work permit clearly states information about the worker, including full name, passport number, date of birth, nationality; name and address of the organization where the person works, and work position. According to the provisions of Article 12 of Decree No. 152/2020/ND-CP of the Government (amended and supplemented by Decree No. 70/2023/ND-CP), if during the working process, a foreign employee falls into one of the following cases, it is necessary to carry out the procedure for reissuing a work permit:
– A valid work permit is lost.
– A valid work permit is damaged.
– Changing one of the following contents: full name, nationality, passport number, workplace, changing the name of the enterprise without changing the enterprise code recorded in the valid work permit.
- Application for reissuance of work permit
The application for reissuance of work permit is stipulated in Article 13 of Decree No. 152/2020/ND-CP (amended and supplemented by Decree No. 70/2023/ND-CP), including the following types of documents:
(i) The employer’s written request for reissuance of work permit according to Form No. 11/PLI Appendix I issued with Decree 152/2020/ND-CP;
(ii) 02 color photos (size 4 cm x 6 cm, white background, face looking straight, bare head, no colored glasses), photos taken within 06 months from the date of application submission;
(iii) Valid work permit that has been issued:
– In case the work permit is lost as prescribed in Clause 1, Article 12 of Decree 152/2020/ND-CP, there must be confirmation from the commune-level police agency where the foreigner resides or a competent foreign agency as prescribed by law.
– In case of changes to the content recorded on the work permit, there must be supporting documents.
Note: The documents specified in item (iii) must be originals or certified copies, except for the case specified in Clause 1, Article 12 of Decree 152/2020/ND-CP. If they are from a foreign country, they must be consularly legalized and translated into Vietnamese, except in cases where consular legalization is exempted according to international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are both members, or according to the principle of reciprocity, or according to the provisions of law.
- Procedures for reissuing work permits
Step 1: Foreign workers prepare 01 set of documents and submit the documents to the Department of Home Affairs where the foreign worker is expected to work.
Step 2: Within 03 working days from the date of receiving the complete application for reissuing a work permit, the Department of Home Affairs where the foreign worker is expected to work shall reissue the work permit. In case the work permit is not reissued, a written response stating the reason shall be issued.
The validity period of the reissued work permit is equal to the validity period of the issued work permit minus the time the foreign worker has worked up to the time of requesting the reissuance of the work permit.
