This is a notable content of the Decree No. 152/2020/NĐ-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
Article table of contents
According to Article 12 of the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, cases of re-issuance of a work permit include:
1. The unexpired work permit is lost.
2. The unexpired work permit is damaged.
3. The unexpired work permit needs changes of full name, nationality, passport number, or working place thereon.
Besides, according to Clause 2 Article 13 of the Decree No. 11/2016/NĐ-CP, the work permit shall be re-issued in case its validation is from 05 days to 45 days. However, this provision has been annulled by the Decree No. 152/2020/NĐ-CP.
Thus, from February 15, 2021, the valid work permit shall not be re-issued and shall only be re-issued in cases of being lost, damaged or in need of changes of full name, nationality, passport number, or working place thereon.
Moreover, the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government does not limit the re-issuance of work permit compared to the Decree No. 11/2016/NĐ-CP (work permit shall not be re-issued for cases in Clause 8 Article 10 of the Decree No. 11/2016/NĐ-CP).
Application and procedures for re-issuance of a work permit for foreign employers in Vietnam from February 15, 2021 are as follows:
**Application for re-issuance of a work permit includes:
- Application for re-issuance of a work permit
+ An application form for re-issuance of work permit made by the employer No. 11/PLI Appendix I appended the Decree No. 152/2020/NĐ-CP.
+ 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:
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If the work permit is lost as specified in clause 1 Article 12 of the Decree No. 152/2020/NĐ-CP, 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;
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In case of changes of information in the work permit, supporting documents are required.
+ An acceptance of demand for foreign workers, unless it is not required.
+ Any document mentioned above is 1 original or certified true copy except for case that unexpired work permit is lost; if a document is written in a foreign language, it must be consularly legalized, translated into Vietnamese and 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.
**Procedures for re-issuance of a work permit:
Within 3 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs of Vietnam or Department of Labor, War Invalids and Social Affairs shall re-issue a work permit. If the application is rejected, a written explanation is required.
**The validity period of the 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.
Le Hai
- Key word:
- Decree No. 152/2020/NĐ-CP
