Procedure for Re-issuing Work Permits for Foreign Workers in Vietnam
The Procedure for Re-issuance of Work Permits for Foreign Workers in Vietnam
Based on the provisions of item 3.1 Subsection 3 Section A Part 2 of the administrative procedure amended and supplemented in the field of employment under the state management of the Ministry of Labor - Invalids and Social Affairs, issued together with Decision 1560/QD-LDTBXH of 2023 on the amendment of the procedure for the re-issuance of work permits for foreign workers in Vietnam as follows:
Procedure Name: “Re-issuance of Work Permits for Foreign Workers in Vietnam”
3.1. Procedure Steps:
- Step 1: The applicant submits the application for re-issuance of the work permit to the Ministry of Labor - Invalids and Social Affairs (Employment Department).
- Step 2: Within 03 working days from the receipt of the complete application, the Ministry of Labor - Invalids and Social Affairs (Employment Department) re-issues the work permit. In case the work permit is not re-issued, a written response explaining the reason will be provided.
3.2. Implementation Method: Via public postal service or online or directly at the Ministry of Labor - Invalids and Social Affairs (Employment Department).
...
Thus, from October 17, 2023, the procedure for the re-issuance of work permits for foreign workers in Vietnam is as follows:
Step 1: The applicant submits the application for re-issuance of the work permit to the Ministry of Labor - Invalids and Social Affairs (Employment Department).
Step 2: Within 03 working days from the receipt of the complete application, the Ministry of Labor - Invalids and Social Affairs (Employment Department) re-issues the work permit.
Note: In case the work permit is not re-issued, a written response explaining the reason will be provided.
The person performing the procedure for the re-issuance of the work permit for foreign workers in Vietnam can carry out the process via public postal service or online or directly at the Ministry of Labor - Invalids and Social Affairs.
Thus, until 2024, if there are no changes, this regulation will still be applied.
Procedure for Re-issuance of Work Permits for Foreign Workers in Vietnam
In What Cases Are Work Permits Re-issued for Foreign Workers in Vietnam?
Based on the provisions of Article 12 of Decree 152/2020/ND-CP amended by Clause 7 Article 1 of Decree 70/2023/ND-CP on cases for re-issuance of work permits as follows:
Cases for Re-issuance of Work Permits
1. The work permit is still valid but has been lost.
2. The work permit is still valid but has been damaged.
3. There is a change in one of the following contents: full name, nationality, passport number, work location, change of employer's name without changing the enterprise's ID number recorded in the valid work permit.
Thus, the cases for re-issuance of work permits for foreign workers in Vietnam include:
- The work permit is still valid but has been lost.
- The work permit is still valid but has been damaged.
- There is a change in one of the following contents:
+ Full name,
+ Nationality,
+ Passport number,
+ Work location,
+ Change of employer's name without changing the enterprise's ID number recorded in the valid work permit.
What is the Validity of the Re-issued Work Permit for Foreign Workers in Vietnam?
Based on the provisions of Article 15 of Decree 152/2020/ND-CP, the validity of the re-issued work permit is specified as follows:
Validity of the Re-issued Work Permit
The validity of the re-issued work permit is equal to the validity of the previously issued work permit minus the time that the foreign worker has worked up to the time of requesting for the re-issuance of the work permit.
Thus, the validity of the re-issued work permit is equal to the validity of the previously issued work permit minus the time that the foreign worker has worked up to the time of requesting for the re-issuance of the work permit.
How is the Validity Period 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 granted based on the duration of one of the following cases but not exceeding 02 years:
- The duration of the labor contract to be signed.
- The duration that the foreign organization sends the foreign worker to Vietnam.
- The duration of the contract or agreement signed between the Vietnamese partner and the foreign partner.
- The duration of the service contract or agreement signed between the Vietnamese partner and the foreign partner.
- The duration specified in the document of the service provider sending the foreign worker to Vietnam to negotiate the provision of services.
- The duration determined in the operation license of the agency, organization, or enterprise.
- The duration specified in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of the service provider.
- The duration specified 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 duration specified in the document approving the use of the foreign worker, except for cases where there is no need to report the need for foreign labor use as stipulated at point b, clause 1, Article 4 of Decree 152/2020/ND-CP.
Additionally, Article 11 of Decree 152/2020/ND-CP regulates the procedure for issuing work permits:
- At least 15 days before the intended start date of work in Vietnam, the applicant must submit the application for a work permit to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work as prescribed:
+ Employers for foreign workers working in forms as stipulated at points a, b, e, g, i, and k, clause 1, Article 2 of Decree 152/2020/ND-CP.
+ Vietnamese agencies, organizations, enterprises, or foreign organizations, enterprises operating in Vietnam where the foreign worker comes to work in forms as stipulated at points c and d, clause 1, Article 2 of Decree 152/2020/ND-CP.
+ Foreign workers in Vietnam to promote services or those responsible for establishing commercial presence in forms as stipulated at points dd and h, clause 1, Article 2 of Decree 152/2020/ND-CP.
- Within 05 working days from the receipt of the complete application for a work permit, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs of the place where the foreign worker is expected to work issues a work permit to the foreign worker using Form No. 12/PLI Appendix I issued with this Decree. The work permit form is uniformly printed and issued by the Ministry of Labor - Invalids and Social Affairs. In case the work permit is not issued, a written response stating the reason will be provided.
- For foreign workers under the provisions of point a, clause 1, Article 2 of Decree 152/2020/ND-CP, after being issued the work permit, the employer and the foreign worker must sign a labor contract in writing according to Vietnamese labor law before the intended start date of work for the employer.
The employer must submit the signed labor contract as required to the competent authority that issued the work permit. The labor contract must be the original or a certified copy.
LawNet