The conditions, dossiers, and procedures to apply for re-issuance of work permits for foreigners in Vietnam
Thứ tư - 23/09/2020 10:41The process of deep integration and economic development in Vietnam has attracted many foreign human resources to live and work in Vietnam. To encourage employees to work for a long time and be consistent with the labor-management mechanism of Vietnamese state agencies, the promulgation of legal provisions on the interests of foreign workers when working in Vietnam are needed. For foreign workers in Vietnam, work permits are considered as the highest legal basis to ensure the legal conditions for workers with foreign nationalities to work legally in Vietnam. Therefore, after being granted a work permit in Vietnam, a foreigner can be re-issued a work permit in specific cases. In this article, the conditions, applications, and procedures to apply for renewal of work permits for foreigners in Vietnam shall be analyzed and relevant issues might be discussed as well.
1. The cases in which the work permit is reissued
Under the guidance in Decree 11/2016/ND-CP of the Government detailing the implementation of several articles of the Labor Law regarding foreign workers working in Vietnam, foreign workers should apply for reissuing the work permit when the following conditions are met[1]:
- The unexpired work permit is lost, damaged or the contents stated in the issued work permit are changed, unless otherwise stated in Clause 8 Article 10 of this Decree.
- The work permit is valid for at least 05 days but not more than 45 days. This means that the work permit when applying for the extension must be valid for a minimum of 5 days, not more than 45 days.
During the time working in Vietnam, the foreign worker strictly complies with the provisions of Vietnamese law
2. Application for re-issuance of the work permit
When applying for re-issuance of the work permit, employee must submit dossier, including[2]:
1. The cases in which the work permit is reissued
Under the guidance in Decree 11/2016/ND-CP of the Government detailing the implementation of several articles of the Labor Law regarding foreign workers working in Vietnam, foreign workers should apply for reissuing the work permit when the following conditions are met[1]:
- The unexpired work permit is lost, damaged or the contents stated in the issued work permit are changed, unless otherwise stated in Clause 8 Article 10 of this Decree.
- The work permit is valid for at least 05 days but not more than 45 days. This means that the work permit when applying for the extension must be valid for a minimum of 5 days, not more than 45 days.
During the time working in Vietnam, the foreign worker strictly complies with the provisions of Vietnamese law
2. Application for re-issuance of the work permit
When applying for re-issuance of the work permit, employee must submit dossier, including[2]:
- The written request for the reissuance of the work permit made by the employer.
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the application date.
- The issued work permit.
- If the work permit is lost as regulated in Clause 1 Article 13 of this Decree, certification which is issued by the communal police agency of Vietnam or the competent authority of foreign country in accordance with the law is required;
- If the contents stated in the issued work permit are changed as regulated in Clause 1 Article 13 of this Decree, documents providing such change are required;
- If the work permit is still valid from 05 to 45 days as regulated in Clause 2 Article 13 of this Decree, the health certificate or report on medical examination regulated in Clause 2 Article 10 of this Decree and one of documents regulated in Clause 7 Article 10 of this Decree are required;
- If the foreign worker has been issued with the work permit as regulated in the Government's Decree No. 102/2013/ND-CP dated September 05, 2013 on detailed regulations on implementing a number of articles of the Labor Code regarding foreign workers working in Vietnam, the foreign worker must have documents proving his eligibility as follows:
In case the foreign worker is expert, they must provide either of following document:
- If the contents stated in the issued work permit are changed as regulated in Clause 1 Article 13 of this Decree, documents providing such change are required;
- If the work permit is still valid from 05 to 45 days as regulated in Clause 2 Article 13 of this Decree, the health certificate or report on medical examination regulated in Clause 2 Article 10 of this Decree and one of documents regulated in Clause 7 Article 10 of this Decree are required;
- If the foreign worker has been issued with the work permit as regulated in the Government's Decree No. 102/2013/ND-CP dated September 05, 2013 on detailed regulations on implementing a number of articles of the Labor Code regarding foreign workers working in Vietnam, the foreign worker must have documents proving his eligibility as follows:
In case the foreign worker is expert, they must provide either of following document:
- Has a document certifying that he/she is an expert of an overseas agency, organization or enterprise; or
- Has a bachelor’s degree or equivalent or higher qualifications provided that he/she has worked at least 03 years in his/her training field in corresponding with the job position that he/she shall be appointed in Vietnam and other special cases upon the consideration and decision of the Prime Minister.
In case the foreign worker is managers or chief executive officers, the foreign worker must provide documents to prove that:
- They are in charge of managing the companies or heads or vice-heads of agencies or organizations (Managers); or
- They are the heads who directly manage subordinate units of agencies, organizations or enterprises (Chief executive officers).
In case the foreign worker is technicians, the foreign worker must provide documents to prove that they had undergone training in technique or other majors for at least 01 year and have worked for at least 03 years in their training fields.
Documents listed above include 01 photocopy of each kind enclosed with its original for comparison or 01 certified copy of each kind; the documents issued by foreign authorities are exempt from consular legalization but they must be translated into Vietnamese and authenticated in accordance with the Vietnam law.
Note: When the work permit is valid for at least 05 days and not more than 45 days, the employer will have to apply for the extension of the work permit. Outside the above time, if the employer submits the dossier, the Service of Labor, Invalids and Social Affairs, does not deal with the case of re-issuance of a work permit (renewed).
3. The order for reissuing the work permit
The order for re-issuance of a work permit is as follows[3]
- If the work permit is re-issued when it is still valid from 05 to 45 days, the employer must apply for reissuance of the work permit to the Service of Labor, War Invalids, and Social Affairs from 05 to 45 days before the expiration of work permit.
- Within 03 working days from the day on which the sufficient application for reissuance of the work permit is received, the work permit shall be re-issued by the Service of Labor, War Invalids and Social Affairs. A written response and explanation shall be provided if the work permit is not re-issued.
- After the foreign worker who works in Vietnam under the Labor Contract is re-issued with the work permit, the employer and such foreign worker shall sign a written labor contract in accordance with the labor law of Vietnam before the day on which the foreign worker intends to continue the employment with the employer.
Within 05 working days from the day on which the labor contract is signed, the employer shall send a copy of the signed labor contract to the Service of Labor, War Invalids and Social Affairs that re-issued such work permit.
- If the work permit is re-issued when it is still valid from 05 to 45 days, the employer must apply for reissuance of the work permit to the Service of Labor, War Invalids, and Social Affairs from 05 to 45 days before the expiration of work permit.
- Within 03 working days from the day on which the sufficient application for reissuance of the work permit is received, the work permit shall be re-issued by the Service of Labor, War Invalids and Social Affairs. A written response and explanation shall be provided if the work permit is not re-issued.
- After the foreign worker who works in Vietnam under the Labor Contract is re-issued with the work permit, the employer and such foreign worker shall sign a written labor contract in accordance with the labor law of Vietnam before the day on which the foreign worker intends to continue the employment with the employer.
Within 05 working days from the day on which the labor contract is signed, the employer shall send a copy of the signed labor contract to the Service of Labor, War Invalids and Social Affairs that re-issued such work permit.
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