What are the regulations on validity period of work permits for foreigners in Vietnam?
What are the regulations on validity period of a work permit for foreigners in Vietnam?
The Validity period of a work permit for foreigners in Vietnam is specified in Article 10 of Decree 152/2020/ND-CP.
Accordingly, The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:
- Validity period of the employment contract to be signed.
- Duration of the foreign worker’s assignment in Vietnam.
- Duration of the contract or agreement concluded between Vietnamese and foreign partners.
- Duration of the service contract or agreement concluded between Vietnamese and foreign partners.
- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.
- Validity period in the operation license of the agency, organization or enterprise.
- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.
- Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.
- Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 of Decree 152/2020/ND-CP is not required.
In addition, Article 11 of Decree 152/2020/ND-CP stipulates the procedures for issuance of a work permit:
- At least 15 working days before the day on which a foreign worker starts to work, the applicant shall submit an application for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work. The applicant is:
+ the employer, if the foreign worker moves to Vietnam for employment for the purposes specified in points a, b, e, g, I and k clause 1 Article 2 hereof;
+ the Vietnamese agency, organization or enterprise, or foreign organization or enterprise operating in Vietnam for which the foreign worker is expected to work, if the foreign worker moves to Vietnam for employment for the purposes specified in points c and d clause 1 Article 2 hereof; or
+ the foreign service offeror in Vietnam, or the person in charge of establishing a commercial presence as prescribed in points dd and h clause 1 Article 2 hereof.
- 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 of province where the foreign worker is expected to work shall issue a work permit to the foreign worker, using Form No. 12/PLI Appendix I hereto appended. The form of work permit shall be solely printed and issued by the Ministry of Labor, War Invalids and Social Affairs. If the application is rejected, a written explanation is required.
- For a foreign worker specified in point a clause 1 Article 2 hereof, after the foreign worker is issued with a work permit, the employer and the foreign worker must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign worker is expected to work.
The employer shall send that employment contract to the competent authority that issued that work permit. The employment contract is the original or a certified true copy.
What are the regulations on validity period of a work permit for foreigners in Vietnam? (Picture from internet)
Can foreign wokers working in Vietnam have their work permits re-issued in case of revocation?
Article 12 of Decree 152/2020/ND-CP stipulates cases of re-issuance of a work permit as follows:
- The unexpired work permit is lost.
- The unexpired work permit is damaged.
- The unexpired work permit needs changes of full name, nationality, passport number, or working place thereon.
Thus, according to the above regulations, workers in Vietnam whose work permits are revoked are not eligible for re-issue of work permits.
What are the cases of revocation of work permits for foreigners in Vietnam?
Article 20 of Decree 152/2020/ND-CP stipulates cases of revocation of a work permit as follows:
- The work permit ceases to be effective as prescribed in clauses 1, 2, 3, 4, 5, 6 and 7 Article 156 of the Labor Code.
- The employer or the foreign worker fails to comply with Decree 152/2020/ND-CP.
- The foreign worker, during his/her employment in Vietnam, fails to abide by Vietnam’s law which compromises security and social order.
In Article 21 of Decree 152/2020/ND-CP, regulations on the procedures for revocation of a work permit are as follows:
- For the case in clause 1 Article 20 of Decree 152/2020/ND-CP, within 15 days after the work permit ceases to be effective, the employer shall revoke the work permit of the foreign worker and return it to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs which issued that work permit and enclose a document specifying reasons for revocation and work permits subject to revocation but cannot be revoked.
- For the cases in clauses 2, 3 Article 20 of Decree 152/2020/ND-CP, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs which issued the work permit shall issue a decision on revocation of work permit, using Form No. 13/PLI Appendix I hereto appended and request the employer to revoke the work permit of the foreign worker and then return it to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs.
3. Within 5 working days after receiving the said work permit, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall send an acknowledgement of receipt of the revoked work permit to the employer.
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