Will the work permit be re-issued in case of changing enterprise's name in Vietnam?
Will the work permit be re-issued in case of changing enterprise's name in Vietnam?
Pursuant to Article 12 of Decree 152/2020/ND-CP supplemented in Clause 7, Article 1 of Decree 70/2023/ND-CP, regulations on cases of re-issuance of work permits are as follows:
Cases of re-issuance of a work permit
1. The unexpired work permit is lost.
2. The unexpired work permit is damaged.
3. Changes to any of the following: full name, nationality, passport number, working location, enterprise ‘s name without changing the enterprise identification number stated in the unexpired work permit.
Accordingly, in case of changing the enterprise ‘s name without changing the enterprise identification number stated in the unexpired work permit, the work permit must be reissued.
Will the work permit be re-issued in case of changing enterprise ‘s name in Vietnam?
What is the application for re-issuance of a work permit in Vietnam?
Pursuant to Article 13 of Decree 152/2020/ND-CP, some contents are replaced and abolished by Points dd and e Clause 13, Point a Clause 14 Article 1 of Decree 70/2023/ND-CP regulating application for re-issuance of a work permit is as follows:
Application for re-issuance of a work permit
1. An application form for re-issuance of work permit made by the employer No. 11/PLI Appendix I hereto appended.
2. 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
3. The unexpired work permit:
a) If the work permit is lost as specified in clause 1 Article 12 hereof, a certification issued by the police authority of commune where the foreign worker resides or by a foreign competent authority as per the law is required;
b) In case of changes of information in the work permit, supporting documents are required.
5. Any document mentioned in clauses 3 and 4 hereof is 1 original or certified true copy except for the document in clause 1 Article 12 hereof; if a document is written in a foreign language, it must be consularly legalized, translated into Vietnamese and certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.
Accordingly, the application for re-issuance of a work permit includes:
(1) An application form for re-issuance of work permit made by the employer
(2) 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
(3) The unexpired work permit:
- If the work permit is lost as specified in clause 1 Article 12 hereof, a certification issued by the police authority of commune where the foreign worker resides or by a foreign competent authority as per the law is required;
- In case of changes of information in the work permit, supporting documents are required.
Thus, the application dossier to reissue a work permit for foreign workers will have the following changes:
- No written approval of the need to employ foreign workers is required;
- Notarize or authenticate the Vietnamese translation of the foreign work permit.
What are the procedures for issuance of certification of exemption from work permit in Vietnam?
Procedures for issuance of certification of exemption from work permit are specified in Article 8 of Decree 152/2020/ND-CP:
- The Ministry of Labor, War Invalids and Social Affairs or Departments of Labor, War Invalids and Social Affairs are authorized to grant certification of exemption from work permit.
- The employer shall request the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where the foreign worker is expected to work to certify that such foreign worker is eligible for exemption from a work permit at least 10 working days before he/she starts to work.
For any of the circumstances in clauses 4, 6 and 8 Article 154 of the Labor Code and clauses 1, 2, 8 and 11 Article 7 of Decree 152/2020/ND-CP, the employer is not required to apply for the certification of exemption but it must report the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work, at least 3 days before such foreign worker starts to work in Vietnam, on the following: full name, age, nationality, passport number, name of employer, starting date and completion date.
The validity period of a certification of exemption from work permit is up to 2 years and coincides with the validity period of any case as prescribed in Article 10 of Decree 152/2020/ND-CP. If a certification of exemption from work permit is re-issued, the corresponding validity period is up to 2 years.
- Required documents in an application for exemption from work permit:
+ An application form for certification of exemption from work permit No. 09/PLI Appendix I hereto appended;
+ A fitness to work certificate in accordance with clause 2 Article 9 of Decree 152/2020/ND-CP.
+ An acceptance of demand for foreign workers, unless it is not required;
+ A valid certified true copy of passport as per the law;
+ Documents justifying that the foreign worker is exempt from work permit;
+ Any document mentioned in points b, c and dd of this clause is 1 original or certified true copy; if a document is written in a foreign language, it must be consularly legalized, translated into Vietnamese and certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.
- Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall issue a certification of exemption from work permit, using Form No. 10/PLI Appendix I of Decree 152/2020/ND-CP. If the application is rejected, a written explanation is required.
Accordingly, the procedure to request confirmation of not being subject to work permit issuance for foreigners working in Vietnam is carried out according to the above regulations.
LawNet
