Latest regulations on application for issuance of a work permit in Vietnam

Latest regulations on cases of re-issuance of a work permit in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Latest regulations on cases of re-issuance of a work permit in Vietnam

Specifically, Article 12 of Decree 152/2020/ND-CP (amended in Decree 70/2023/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.

- Changes to any of the following: full name, nationality, passport number, working location, enterprise ‘s name without changing the enterprise identification number stated in the unexpired work permit.

2. Application for re-issuance of a work permit in Vietnam

Pursuant to Article 13 of Decree 152/2020/ND-CP (amended in Decree 70/2023/ND-CP), the application dossier for reissuing a work permit is as follows:

- An application form for re-issuance of work permit made by the employer No. 11/PLI Appendix I appended to Decree 152/2020/ND-CP.

Form No. 11/PLI

- 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 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;

+ 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 in clause 3 of Decree 152/2020/ND-CP is 1 original or certified true copy except for the document in clause 1 Article 12 of Decree 152/2020/ND-CP; 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.

3. Procedures for re-issuance of a work permit in Vietnam

Within 3 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 shall re-issue a work permit. If the application is rejected, a written explanation is required.

(Article 14 of Decree 152/2020/ND-CP)

4. Validity period of re-issued work permit in Vietnam

According to Article 15 of Decree 152/2020/ND-CP, 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.

Article 10 of Decree 152/2020/ND-CP stipulates that 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.

Ho Quoc Tuan

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