VI Managing foreign personnel requires absolute accuracy in documentation to avoid unintended legal risks for both businesses and employees. During operations, adjustments to positions or cooperation methods may lead to foreign workers changing their working arrangements, posing a difficult question: whether a new work permit is required. Confusion between the concepts of “new issuance,” “re-issuance,” or simply updating information can lead to serious consequences such as heavy administrative penalties or even deportation of workers for violating regulations on the employment of foreign workers. Determining the correct procedures not only helps businesses optimize their management processes but also protects the rights of all stakeholders. Let’s explore this regulation with Pham Consult.
- Does changing the form of employment require a new work permit?
The form of employment of foreign workers is one of the contents recorded on the work permit. According to Article 23 of Decree 219/2025/ND-CP, in case of changing one of the contents recorded in a valid work permit: full name; nationality; passport number; changing the name of the employer without changing the employer’s identification number, the procedure for re-issuing the work permit must be carried out.
However, for cases where a foreigner changes their form of employment while previously having a valid work permit but without changing the employer, Clause 2, Article 20 of Decree 219/2025/ND-CP will apply. Specifically, the employer will have to apply for a new work permit for the foreigner, not a reissue of the work permit.
- Application for a new work permit in case of a change in form of employment
According to Clause 2, Article 20 of Decree 219/2025/ND-CP, the application for a new work permit in case of a change in form of employment but without changing the employer includes the following documents:
– A written report from the employer explaining the need to employ foreign workers and requesting a work permit.
– A valid passport.
– Two color photos (4 cm x 6 cm in size, white background, face looking straight ahead, head uncovered, no glasses).
– One of the documents proving the form of employment as stipulated in Clause 6, Article 18 of Decree 219/2025/ND-CP, specifically:
+ A document from the foreign employer assigning the foreign worker to work for a limited period at a commercial presence in Vietnam, confirming that the foreign employer had employed the worker for at least 12 consecutive months immediately before the worker enters Vietnam for internal enterprise transfers;
+ A document from the foreign employer assigning the foreign worker, along with a signed contract or agreement, for cases involving economic or social contracts or agreements, or participation in tenders or projects in Vietnam;
+ A service contract signed between a Vietnamese and a foreign partner, and documentation proving that the foreign worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least 24 months in the case of a contracted service provider;
+ In the case of a service offering, there must be a document from the service provider appointing the foreign worker to Vietnam to negotiate the provision of services;
+ A document from the foreign employer appointing the foreign worker to work in Vietnam, matching the intended position, in the case of transfer from an agency, organization, or enterprise abroad to work in Vietnam, except for internal transfers within the enterprise;
+ The Chairman of the Board of Directors, members of the Board of Directors of a joint-stock company, and owners and members of a limited liability company with a capital contribution value of less than 3 billion VND must have documentation proving their managerial position.
– A copy of the issued work permit.
Accordingly, the application process for a new work permit for foreigners who change their employment type but previously held a valid work permit without changing the employer has been simplified compared to the application for a completely new work permit. Specifically, foreign workers no longer need to resubmit their health certificate, criminal record certificate, and documents proving their job position.
- Procedures for requesting a new work permit in case of a change in employment type
Within 60 days, but no less than 10 days before the foreign worker is expected to start working, the employer shall submit the application for a work permit directly or through public postal services, or through a hired service from an enterprise or individual, or through authorization, to the Public Administrative Service Center in the locality where the foreign worker is expected to work.
The local Public Administrative Service Center shall forward the application in accordance with the law on the implementation of administrative procedures under the one-stop mechanism and the integrated one-stop mechanism at the one-stop department and the National Public Service Portal to the competent authority for issuing work permits.
Within 10 working days from the date of receiving a complete application for a work permit, the competent authority shall review and approve the request and issue a work permit to the foreign worker.
In cases where the request to employ foreign workers is not approved or a work permit is not granted to a foreign worker, a written response stating the reasons must be provided within 3 working days from the date of receiving all necessary documents.
