VI As the demand for employing foreign workers in Vietnam continues to increase, compliance with labour regulations has become a crucial factor in helping enterprises maintain stable operations and minimize legal risks. For foreign employees who are exempt from the work permit requirement, the Certificate of Work Permit Exemption serves as an important legal basis proving their lawful employment in Vietnam. However, where such certificate is lost, damaged, or its information changes, the employer and the foreign employee are required to carry out the re-issuance procedure in accordance with the law to ensure the continuity and validity of the employee’s labour records. Let Pham Consult guide you through the legal regulations governing this procedure and the key legal issues to be noted during its implementation.
- Cases in which the Certificate of Work Permit Exemption must be re-issued
A Certificate of Work Permit Exemption is a document issued by the competent authority certifying that a foreign employee is legally permitted to work in Vietnam in cases where such employee falls within the categories exempt from the work permit requirement. However, during the course of the foreign employee’s employment, if circumstances arise that require the certificate to be re-issued, the employer is responsible for carrying out the re-issuance procedure in accordance with the applicable laws.
Specifically, pursuant to Article 11 of Decree No. 219/2025/ND-CP, a Certificate of Work Permit Exemption must be re-issued in the following cases:
(i) The certificate remains valid but is lost or damaged
Where the Certificate of Work Permit Exemption is still valid but has been lost, torn, faded, or otherwise damaged to the extent that it can no longer be used, the employer must apply for its re-issuance.
This requirement is intended to ensure that the foreign employee always possesses valid documentation throughout the period of employment in Vietnam, thereby facilitating labour administration, inspection, and supervision by the competent state authorities.
(ii) Changes to the information stated in the certificate
A Certificate of Work Permit Exemption must be re-issued where there is a change to the information recorded therein. However, not every change relating to a foreign employee requires the re-issuance of the certificate. The re-issuance procedure is only required where there is a change to one of the following particulars stated on the certificate:
– Full name of the foreign employee;
– Nationality;
– Passport number;
– Place of work;
– Change in the name of the employer without any change to the employer’s identification number, meaning that only the enterprise’s name as stated in its legal documents has changed while its legal status remains unchanged.
In cases where there is a change in the foreign employee’s job position, title, or working arrangement, or any other change affecting the legal basis for the work permit exemption, the previously issued Certificate of Work Permit Exemption will no longer be appropriate. In such circumstances, the enterprise must carry out the procedure for obtaining a new Certificate of Work Permit Exemption rather than applying for its re-issuance.
- Dossier for the re-issuance of the Certificate of Work Permit Exemption
Pursuant to Article 12 of Decree No. 219/2025/ND-CP, the dossier for the re-issuance of the Certificate of Work Permit Exemption comprises the following documents:
(i) A written request for the re-issuance of the Certificate of Work Permit Exemption submitted by the employer.
(ii) Documents evidencing the changes in information, in cases involving changes to the foreign employee’s full name, nationality, passport number, place of work, or the employer’s name without any change to the employer’s identification number.
(iii) The valid Certificate of Work Permit Exemption previously issued, except where it has been lost.
- Procedures for the re-issuance of the Certificate of Work Permit Exemption
The employer shall submit the dossier for the re-issuance of the Certificate of Work Permit Exemption either directly, through the public postal service, through an authorized enterprise or individual providing application submission services, or by way of authorization, to the Public Administrative Service Center in the locality where the foreign employee is working.
The Public Administrative Service Center shall forward the dossier, in accordance with the regulations governing administrative procedures under the one-stop-shop and inter-agency one-stop-shop mechanism implemented through the Single-Window Division and the National Public Service Portal, to the competent authority responsible for the re-issuance of the Certificate of Work Permit Exemption.
Within three (03) working days from the date of receipt of a complete and valid dossier, the competent authority shall re-issue the Certificate of Work Permit Exemption.
Where the competent authority refuses to re-issue the Certificate of Work Permit Exemption, it must provide a written response clearly stating the reasons for such refusal.
- Validity period of the re-issued Certificate of Work Permit Exemption
The validity period of a re-issued Certificate of Work Permit Exemption shall be equal to the remaining validity period of the previously issued Certificate of Work Permit Exemption after deducting the period during which the foreign employee has already worked in Vietnam up to the date on which the application dossier for re-issuance is submitted.
