Amendment of Documents Proving Status as Manager, Executive Director, Expert, Technical Labor and Certain Professions, Occupations Prescribed in Work Permit Application Files
Amended Documentation Proving Managerial, Executive, Expert, Technical Labor and Certain Occupations, Jobs as Prescribed in the Dossier for Issuance of a Work Permit?
Pursuant to Clause 4 Article 9 Decree 152/2020/ND-CP as amended and supplemented by Point b Clause 5 Article 1 Decree 70/2023/ND-CP regulating the dossier for applying for a work permit as follows:
Dossier for Applying for a Work Permit
...
4. Documents proving managerial positions, executive roles, experts, technical labor and certain occupations, jobs are particularly classified as follows:
a) Documents proving managerial positions and executive roles as prescribed in Clauses 4 and 5 of Article 3 of this Decree include the following three types of documents:
Company charter or operational regulations of the agency, organization, enterprise;
Certificate of business registration or certificate of establishment or establishment decision or other documents with equivalent legal value;
Resolution or Appointment Decision of the agency, organization, enterprise.
b) Documents proving expert and technical labor as prescribed in Clauses 3 and 6 of Article 3 of this Decree include the following two types of documents:
Degree or certificate or certification;
Document confirming the years of experience from an overseas agency, organization, enterprise for experts or technical labor, or an already issued work permit, or confirmation of non-eligibility for a work permit that was already issued.
c) Documents proving the experience of foreign football players or international transfer certificate (ITC) issued to foreign football players or a document from the Vietnam Football Federation confirming temporary or official registration of the player with a club under the Vietnam Football Federation;
d) Pilot license issued by a competent authority of Vietnam or by a foreign competent authority and recognized by a competent authority of Vietnam for foreign pilots, or a professional certificate allowing working on an aircraft issued by the Ministry of Transport for flight attendants;
...
In the documents proving that a foreign worker is a manager, executive officer, expert, technical laborer, and certain occupations, jobs as prescribed, the following types of documents have been specifically added:
(1) For documents proving managerial positions and executive roles include:
+ Company charter or operational regulations of the agency, organization, enterprise;
+ Certificate of business registration or certificate of establishment or establishment decision or other documents with equivalent legal value;
+ Resolution or Appointment Decision of the agency, organization, enterprise.
(2) For documents proving expert and technical labor, include:
+ Degree or certificate or certification;
+ Document confirming the years of experience from an overseas agency, organization, enterprise for experts or technical labor, or an already issued work permit, or confirmation of non-eligibility for a work permit that was already issued.
Amended Documentation Proving Managerial, Executive, Expert, Technical Labor and Certain Occupations, Jobs as Prescribed in the Dossier for Issuance of a Work Permit?
What is the duration of a work permit?
According to the provisions of Article 10 Decree 152/2020/ND-CP regarding the duration of a work permit as follows:
Duration of a Work Permit
The duration of a work permit is issued according to the duration of one of the following cases but not exceeding 02 years:
1. Duration of the labor contract expected to be signed.
2. Duration of the foreign party sending the foreign worker to work in Vietnam.
3. Duration of the contract or agreement signed between the Vietnamese and foreign partners.
4. Duration of the service supply contract or agreement signed between the Vietnamese and foreign partners.
5. Duration stated in the document of the service provider sending the foreign worker to Vietnam to negotiate service supply.
6. Duration identified in the operational license of the agency, organization, enterprise.
7. Duration in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
8. Duration in the document proving the foreign worker's participation in operational activities of a foreign enterprise already established with a commercial presence in Vietnam.
9. Duration in the approval document for the usage of foreign workers except for cases not required to report the explanation of the need to use foreign workers according to Point b Clause 1 Article 4 of this Decree.
Thus, the duration of a work permit primarily depends on the agreement between the employer and the foreign worker working in Vietnam, however, it must not exceed 02 years.
Cases where a work permit is invalid?
According to the provisions of Article 156 of the Labor Code 2019, a work permit is invalid in the following cases:
- The work permit expires.
- Termination of the labor contract.
- The content of the labor contract does not match the content of the issued work permit.
- Working not in accordance with the content in the issued work permit.
- Contracts in fields leading to the issuance of a work permit expire or terminate.
- Written notification from the foreign party ceasing to send workers to work in Vietnam.
- The enterprise, organization, Vietnamese partner, or foreign organization in Vietnam using the foreign worker ceases operations.
- The work permit is revoked.
LawNet