Procedures for re-issuance of a work permit for foreign workers in Vietnam

Nguyen Thi Diem My

08:06, 11/04/2023

What are the procedures for re-issuance of a work permit for foreign workers in Vietnam? – Hoai Phuong (Tra Vinh, Vietnam)

Thủ tục cấp lại giấy phép lao động cho người lao động nước ngoài s

Procedures for re-issuance of a work permit for foreign workers in Vietnam (Internet image)

1. Cases of re-issuance of a work permit for foreign workers in Vietnam

Cases of re-issuance of a work permit for foreign workers include:

- The unexpired work permit is lost.

- The unexpired work permit is damaged.

- The unexpired work permit needs changes of full name, nationality, passport number, or working place thereon.

(Article 12 of Decree 152/2020/ND-CP)

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

- 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.

Application form for re-issuance of work permit made by the employer

- The unexpired work permit:

+ If the work permit is lost as specified in clause 1 Article 12 of Decree 152/2020/ND-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;

+ 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 clauses 3 and 4 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 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.

(Article 13 of Decree 152/2020/ND-CP)

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

Within 03 working days from the day on which the complete application for re-grant of a work permit is received, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs shall re-issue the work permit. In case of refusal to re-issue the work permit, a written reply clearly stating the reason.

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

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

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.

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 is not required.

(Article 15 of Decree 152/2020/ND-CP)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

377 lượt xem

- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn