When Changing the Company's Name, Is It Necessary to Reissue the Work Permit for Foreign Workers?
When changing the company name, is it necessary to reissue work permits for foreign workers?
Based on Article 12 of Decree 152/2020/ND-CP supplemented by Clause 7, Article 1 of Decree 70/2023/ND-CP, the cases of reissuing work permits are as follows:
Cases for reissuing work permits
1. The valid work permit is lost.
2. The valid work permit is damaged.
3. Changes in one of the following details: full name, nationality, passport number, workplace location, change of company name without changing the company code specified in the valid work permit.
As of September 18, 2023, the cases for reissuing work permits include the addition of changing the company name without changing the company code specified in the valid work permit.
When changing the company name, is it necessary to reissue work permits for foreign workers?
Will the dossier for reissuing work permits for foreign workers change?
Based on Article 13 of Decree 152/2020/ND-CP, some contents are replaced and abolished by Points d, e, Clause 13, and Point a, Clause 14, Article 1 of Decree 70/2023/ND-CP which regulates the dossier for reissuing work permits as follows:
Dossier for reissuing work permits
1. A written request for reissuing the work permit from the employer according to Form No. 11/PLI Appendix I issued with this Decree.
2. 02 color photos (4 cm x 6 cm size, white background, frontal view, bareheaded, no colored glasses), photos taken no more than 06 months from the date of submission.
3. The valid work permit issued:
a) In case the work permit is lost according to Clause 1, Article 12 of this Decree, a confirmation from the police authority at the foreign worker's place of residence or the competent authority of the foreign country as per regulations is required;
b) In case there is a change in the details stated on the work permit, relevant proof documents are required.
5. The documents stipulated in Clause 3 of this Article must be the original or certified copies, except as specified in Clause 1, Article 12 of this Decree. If they are from a foreign country, they must be consular legalized, translated into Vietnamese, and notarized or certified unless exempted from consular legalization under an international treaty to which both Vietnam and the foreign country are members or on a reciprocity basis, or as regulated by law.
Thus, the dossier for reissuing work permits includes:
(1) A written request for reissuing the work permit from the employer.
(2) 02 color photos (4 cm x 6 cm size, white background, frontal view, bareheaded, no colored glasses), photos taken no more than 06 months from the date of submission.
(3) The original or certified copy of the valid work permit issued:
- In case the work permit is lost, a confirmation from the police authority at the foreign worker's place of residence or the competent authority of the foreign country is required.
- In case of changes in the details stated on the work permit, relevant proof documents are required.
Therefore, the dossier for reissuing work permits for foreign workers will have the following changes:
- No need for the document approving the need to employ foreign workers.
- Notarization or certification of the Vietnamese translation of the foreign work permit.
What is the validity period of reissued work permits?
Based on Article 15 of Decree 152/2020/ND-CP, the validity of reissued work permits is regulated as follows:
Validity of reissued work permits
The validity of a reissued work permit is the same as the validity of the previously issued work permit minus the period the foreign worker has worked up until the time of the request for reissuing.
Thus, the validity of a reissued work permit will be the same as the validity of the previously issued work permit minus the period the foreign worker has worked up until the time of the request for reissuing.
How is the validity of work permits for foreign workers in Vietnam regulated?
The validity of work permits for foreign workers in Vietnam is regulated in Article 10 of Decree 152/2020/ND-CP.
The validity of the work permit is according to one of the following terms but not exceeding 02 years:
- The term of the labor contract expected to be signed.
- The term of the foreign party sending foreign workers to work in Vietnam.
- The term of the contract or agreement signed between the Vietnamese and foreign partners.
- The term of the service provision contract or agreement signed between the Vietnamese and foreign partners.
- The term stated in the document of the service provider sending foreign workers to Vietnam for service negotiations.
- The term specified in the operational license of the agency, organization, or enterprise.
- The term in the document of the service provider sending foreign workers to Vietnam to establish a commercial presence of that service provider.
- The term in the document proving that the foreign worker is involved in the activities of a foreign enterprise that has established a commercial presence in Vietnam.
- The term in the document approving the use of foreign workers unless exempted from the requirement to report the need to use foreign workers according to Point b, Clause 1, Article 4 of Decree 152/2020/ND-CP.
Furthermore, Article 11 of Decree 152/2020/ND-CP regulates the procedure for issuing work permits:
- At least 15 days before the expected start date of the foreign worker in Vietnam, the application for issuing the work permit must be submitted to the Ministry of Labor - Invalids and Social Affairs or the Provincial Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work, as follows:
+ The employer in cases where the foreign worker works under the forms stipulated in Points a, b, e, g, i, k, Clause 1, Article 2 of Decree 152/2020/ND-CP.
+ The Vietnamese agency, organization, enterprise, or foreign organization or enterprise operating in Vietnam, where the foreign worker works under the forms stipulated in Points c and d, Clause 1, Article 2 of Decree 152/2020/ND-CP.
+ Foreign workers entering Vietnam to offer services, responsible for establishing a commercial presence under the forms stipulated in Points d and h, Clause 1, Article 2 of Decree 152/2020/ND-CP.
- Within 05 working days from the date the complete application for issuing the work permit is received, the Ministry of Labor - Invalids and Social Affairs or the Provincial Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work should issue the work permit for the foreign worker according to Form No. 12/PLI, Appendix I issued with this Decree. The work permit form is uniformly printed and distributed by the Ministry of Labor - Invalids and Social Affairs. In case the work permit is not issued, a written response with reasons is provided.
- For foreign workers stipulated in Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP, after being issued a work permit, the employer and the foreign worker must sign a labor contract in writing as per Vietnamese labor law before the expected start date of work for the employer.
The employer must send the signed labor contract as required to the competent authority that issued the work permit. The labor contract should be an original or certified copy.
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