When are work permits reissued for foreign workers working in Vietnam?
When are work permits reissued for foreign workers working in Vietnam?
Pursuant to the provisions of Article 12 of Decree 152/2020/ND-CP, amended by Clause 7, Article 1 of Decree 70/2023/ND-CP, the cases for reissuing work permits are stipulated as follows:
Cases for reissuing work permits
1. The work permit is still valid but lost.
2. The work permit is still valid but damaged.
3. Changes in one of the following details: name, nationality, passport number, workplace, or company name without changing the enterprise code recorded in the valid work permit.
Thus, the cases for reissuing work permits for foreign workers working in Vietnam include:
- The work permit is still valid but lost.
- The work permit is still valid but damaged.
- Changes in one of the following details:
+ Name,
+ Nationality,
+ Passport number,
+ Workplace,
+ Company name without changing the enterprise code recorded in the valid work permit.
When are work permits reissued for foreign workers working in Vietnam?
What is the validity period of the work permits for foreigners in Vietnam?
The validity period of the work permits for foreigners in Vietnam is stipulated in Article 10 of Decree 152/2020/ND-CP.
The validity period of the work permit is granted based on one of the following cases but does not exceed 2 years:
- The term of the labor contract that is expected to be signed.
- The term during which the foreign entity sends the foreign worker to work in Vietnam.
- The term of the contract or agreement signed between the Vietnamese and foreign partners.
- The term of the contract or service provision agreement signed between the Vietnamese and foreign partners.
- The term stated in the document of the service provider appointing the foreign worker to Vietnam to negotiate the provision of services.
- The term specified in the operational license of the agency, organization, or enterprise.
- The term in the document of the service provider appointing the foreign worker to Vietnam to establish a commercial presence of the service provider.
- The term in the document proving the foreign worker's participation in the activities of a foreign enterprise that has established a commercial presence in Vietnam.
- The term in the approval document for the use of foreign workers, except in cases where it is not required to report the demand for foreign workers as stipulated in Point b, Clause 1, Article 4 of Decree 152/2020/ND-CP.
Additionally, in Article 11 of Decree 152/2020/ND-CP stipulates the procedure for issuing work permits:
- At least 15 days before the foreign worker is expected to start working in Vietnam, the applicant shall submit an 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 regulated:
+ The employer for the case where the foreign worker works under the form specified in Points a, b, e, g, i, and k of 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 under the form specified in Points c and d, Clause 1, Article 2 of Decree 152/2020/ND-CP.
+ Foreign workers entering Vietnam to offer services, and those responsible for establishing a commercial presence under the form specified in Points đ and h, Clause 1, Article 2 of Decree 152/2020/ND-CP.
- Within 5 working days from the date of receiving a complete application for a work permit, 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 shall issue a work permit to the foreign worker using Form No. 12/PLI in Appendix I issued together with this Decree. The work permit form is uniformly printed and issued by the Ministry of Labor - Invalids and Social Affairs. If the work permit is not granted, a written response with reasons shall be provided.
- For foreign workers according to Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP, after the foreign worker is granted a work permit, the employer and the foreign worker must sign a labor contract in writing according to the provisions of Vietnamese labor law before the expected day the foreign worker starts working 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 shall be the original or a certified copy.
When are work permits for foreign workers in Vietnam revoked?
Article 20 of Decree 152/2020/ND-CP stipulates the cases for revoking work permits as follows:
- The work permit expires according to the provisions of Clauses 1, 2, 3, 4, 5, 6, and 7, Article 156 of Labor Code 2019.
- The employer or the foreign worker fails to conform to Decree 152/2020/ND-CP.
- The foreign worker, during their time working in Vietnam, fails to comply with Vietnamese law, affecting security, order, and social safety.
Article 21 of Decree 152/2020/ND-CP stipulates the procedure for revoking work permits as follows:
- For the cases specified in Clause 1, Article 20 of Decree 152/2020/ND-CP, within 15 days from the date the work permit expires, the employer shall revoke the work permit of the foreign worker and submit it to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit, along with a written statement explaining the reason for revocation, in cases where the work permit is subject to revocation but cannot be retrieved.
- For the cases specified in Clauses 2 and 3, Article 20 of Decree 152/2020/ND-CP, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit shall issue a decision to revoke the work permit according to Form No. 13/PLI in Appendix I issued together with Decree 152/2020/ND-CP and notify the employer to revoke the work permit of the foreign worker and submit it to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit.
- Within 5 working days from the date of receiving the revoked work permit, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs shall issue a written confirmation of the revocation of the work permit and send it to the employer.
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