07:49 | 23/07/2024

Adding Additional Conditions on the Dossier for Applying for Work Permits When Foreign Workers Work at Multiple Locations

<h3>Adding Additional Conditions to the Application for a Work Permit When Foreign Workers Work at Multiple Locations?</h3><h4>Your question from T.Q in Hanoi</h4>Is it necessary to add an additional condition regarding the application for a work permit when foreign workers work at multiple locations?

Additional conditions for the application dossier for a work permit when foreign workers work at multiple locations?

Based on Clause 1, Article 9 of Decree 152/2020/ND-CP, as amended and supplemented by Point a, Clause 5, Article 1 of Decree 70/2023/ND-CP, the regulation on the application dossier for a work permit is as follows:

Application Dossier for Work Permit

1. Written request for a work permit from the employer according to Form No. 11/PLI, Appendix I issued together with this Decree. In the case where the foreign worker works for one employer at multiple locations, the written request for the work permit must list all the work locations.

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From September 18, 2023, if the worker works for one employer at multiple locations, the written request for a work permit must list all the foreign worker's work locations.

Additional conditions for the application dossier for a work permit when foreign workers work at multiple locations?

Additional conditions for the application dossier for a work permit when foreign workers work at multiple locations?

Modification of documents proving managers, executive directors, experts, technical workers, and some specific occupations?

Based on Clause 4, Article 9 of Decree 152/2020/ND-CP, as amended and supplemented by Point a, Clause 5, Article 1 of Decree 70/2023/ND-CP, the regulation on the application dossier for a work permit is as follows:

Application Dossier for Work Permit

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4. Documents proving that the foreign worker is a manager, executive director, expert, technical worker, and some specific occupations are regulated as follows:

a) Documents proving that the foreign worker is a manager, executive director according to Clauses 4, 5, Article 3 of this Decree, including three types of documents:

Company charter or operating regulations of the entity, organization, enterprise;

Enterprise registration certificate or establishment certificate or establishment decision or other legally equivalent documents;

Resolution or Decision on appointment from the entity, organization, enterprise.

b) Documents proving that the foreign worker is an expert, technical worker according to Clauses 3, 6, Article 3 of this Decree, including two types of documents:

Diploma or certificate or confirmation document;

Confirmation document from a foreign entity, organization, enterprise regarding the expert's or technical worker's years of experience, or issued work permit, or confirmation of not being subject to work permit requirement.

c) Documents proving the experience of foreign football players or international transfer certificate (ITC) issued to foreign football players or document from the Vietnam Football Federation confirming the temporary or official registration for players of the club under Vietnam Football Federation;

d) Pilot's license issued by the competent authority of Vietnam or an equivalent license issued by the competent authority of a foreign country and recognized by the competent authority of Vietnam for foreign pilots, or a professional certificate allowing working on aircraft issued by the Ministry of Transport for flight attendants;

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In the documents proving that the foreign worker is a manager, executive director, expert, technical worker, and some specific occupations, additional specific types of documents are as follows:

(1) For documents proving that the foreign worker is a manager, executive director, they include:

+ Company charter or operating regulations of the entity, organization, enterprise;

+ Enterprise registration certificate or establishment certificate or establishment decision or other legally equivalent documents;

+ Resolution or Decision on appointment from the entity, organization, enterprise.

(2) For documents proving that the foreign worker is an expert, technical worker, they include:

+ Diploma or certificate or confirmation document;

+ Confirmation document from a foreign entity, organization, enterprise regarding the expert's or technical worker's years of experience, or issued work permit, or confirmation of not being subject to work permit requirement.

Modification of regulations on documents related to foreign workers in the application dossier for a work permit?

Based on Clause 8, Article 9 of Decree 152/2020/ND-CP, as amended and supplemented by Point a, Clause 5, Article 1 of Decree 70/2023/ND-CP, the regulation on the application dossier for a work permit is as follows:

Application Dossier for Work Permit

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8. Documents related to the foreign worker except for cases where the foreign worker performs a labor contract.

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e) For foreign workers working under the regulation at Point i, Clause 1, Article 2 of this Decree, there must be a document from a foreign entity, organization, enterprise sending the foreign worker to work in Vietnam and in line with the expected job position, or documents proving being a manager according to Clause 4, Article 3 of this Decree.

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From September 18, 2023, foreign workers who are managers, executive directors, experts, technical workers will need one of the following documents:

- Document from a foreign entity, organization, enterprise sending the foreign worker to work in Vietnam and in line with the expected job position;

- Documents proving being a manager.

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