In 2024, what documents are included in the application for re-issuance of a work permit for foreign employees working in Vietnam?

In 2024, what documents are included in the application for re-issuance of a work permit for foreign employees working in Vietnam?

Pursuant to Article 13 of the Decree 152/2020/ND-CP (amended by Clause 13.dd, 13.e, 14.a, Article 1 of the Decree 70/2023/ND-CP) stipulating application for re-issuance of a work permit:

Application for re-issuance of a work permit

1. An application form for re-issuance of work permit made by the employer No. 11/PLI Appendix I hereto appended.

2. 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

3. The unexpired work permit:

a) If the work permit is lost as specified in clause 1 Article 12 hereof, a certification issued by the police authority of commune where the foreign worker resides or by a foreign competent authority as per the law is required;

b) In case of changes of information in the work permit, supporting documents are required.

5. Any documents specified in Clause 3 of this Article is 1 original or certified true copy except for the document in clause 1 Article 12 hereof; if a document is written in a foreign language, it must be consularly legalized, translated into Vietnamese and notarized or certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.

As regulated above, the application for re-issuance of a work permit includes:

- An application form for re-issuance of work permit made by the employer.

- 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

- The unexpired work permit:

+ If the work permit is lost, a certification issued by the police authority of commune where the foreign worker resides or by a foreign competent authority as per the law is required;

+ In case of changes of information in the work permit, supporting documents are required.

- Any valid documents is 1 original or certified true copy except for the document in clause 1 Article 12 hereof; if a document is written in a foreign language, it must be consularly legalized, translated into Vietnamese and notarized or certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.

In 2024, what documents are included in the application for re-issuance of a work permit for foreign employees working in Vietnam? - image from internet

What is the validity period of re-issued work permit in Vietnam?

Pursuant to Article 15 of the Decree 152/2020/ND-CP stipulating the validity period of re-issued work permit in Vietnam:

Validity period of re-issued work permit

The validity period of the re-issued work permit shall coincide with that of the former work permit less the duration that the foreign worker has worked up to the submission date of the re-issuance application.

Pursuant to Article 10 of the Decree 152/2020/ND-CP stipulating the validity period of a work permit in Vietnam:

Validity period of a work permit

The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:

1. Validity period of the employment contract to be signed.

2. Duration of the foreign worker’s assignment in Vietnam.

3. Duration of the contract or agreement concluded between Vietnamese and foreign partners.

4. Duration of the service contract or agreement concluded between Vietnamese and foreign partners.

5. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.

6. Validity period in the operation license of the agency, organization or enterprise.

7. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.

8. 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.

9. 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 hereof is not required.

As regulated above, the validity period of the re-issued work permit shall coincide with that of the former work permit less the duration that the foreign worker has worked up to the submission date of the re-issuance application.

When are foreign employees in Vietnam not required to have the work permit?

Pursuant to Article 154 of the Labor Code in 2019, a foreign employee is not required to have the work permit if he/she:

- Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.

- Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.

- Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

- Enters Vietnam for a period of less than 03 months to do marketing of a service.

- Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

- Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

- In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

- Gets married with a Vietnamese citizen and wishes to reside in Vietnam.

- Other circumstances specified by the Government.

Best regards!