What is the application for re-issuance of a work permit? How long is the validity period of re-issued work permit in Vietnam?
What is the application for re-issuance of a work permit for foreign employees 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 Dossier to request re-issuance of 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 is the application for re-issuance of a work permit? How long is the validity period of re-issued work permit in Vietnam?
How long is the validity period of re-issued work permit in Vietnam?
Pursuant to Article 15 of Decree 152/2020/ND-CP regulating the validity period of re-issued work permit as follows:
Validity period of re-issued work permit
The validity period of the re-issued work permit shall coincide with that of the former work permit less the duration that the foreign worker has worked up to the submission date of the re-issuance application.
Accordingly, the validity period of the re-issued work permit shall coincide with that of the former work permit less the duration that the foreign worker has worked up to the submission date of the re-issuance application.
What are the cases of work permit exemption for foreign employees in Vietnam?
Article 154 of the 2019 Labor Code stipulates that foreign workers working in Vietnam are not subject to work permits as follows:
Work permit exemption for foreign employees in Vietnam
A foreign employee is not required to have the work permit if he/she:
1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.
2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.
3. Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.
4. Enters Vietnam for a period of less than 03 months to do marketing of a service.
….
In addition, Article 7 of Decree 152/2020/ND-CP stipulates cases where foreign workers exempt from work permits as follows:
Foreign workers exempt from work permits
Without regard to the cases in clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, a foreign worker is exempt from a work permit if:
1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.
2. He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong.
3. He/she is an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.
….
Thus, according to the above regulations, the subjects specified in Article 154 of the 2019 Labor Code and Article 7 of Decree 152/2020/ND-CP in the case of foreign workers exempt from work permits.
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