Procedures for re-issuing work permits for foreign employees

1. Cases of re-issuance of work permits

According to Article 12 of Decree 152/2020/ND-CP, cases where work permits are re-issued include: 

  • Expired work permit lost. 
  • Expired work permit. 
  • Change one of the following contents: full name, nationality, passport number, workplace, change of business name without changing the business code stated in the valid work permit . 

2. Application for re-issuance of work permit for foreigners

Application for re-issuance of work permit for foreigners includes: 

  • The employer’s request for re-issuance of a work permit according to Form No. 11/PLI Appendix I issued with Decree 152/2020/ND-CP. 
  • 02 color photos (size 4 cm x 6 cm, white background, face looking straight, bare head, no colored glasses), photos taken no more than 06 months from the date of application submission. 
  • Valid work permit has been issued: 
    • In case the work permit is lost as prescribed in Clause 1, Article 12 of this Decree, there must be confirmation from the commune-level police agency where the foreigner resides or a competent foreign agency as prescribed by law;  
    • In case of changes to the content stated on the work permit, there must be supporting documents (for example: change of name, nationality, passport number, it is necessary to provide a new passport, change of working location, it is necessary to provide a document showing the new location such as a decision to change working location issued by the company, change of business name, it is necessary to provide a new Certificate of Business Registration…). 
    • Note, these documents must be originals or certified copies, except in cases where valid work permits are lost . If they are from foreign countries, they must be consularly legalized and translated into Vietnamese and notarized or certified, except in cases where consular legalization is exempted according to international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are both members, or according to the principle of reciprocity, or according to the provisions of law. 

3. Procedures for re-issuing work permits for foreigners 

The process of re-issuing work permits for foreigners includes 3 steps as follows:  

Step 1 : The employee notifies the employer of the loss, damage or change of information of the work permit. 

Step 2 : Employees and employers prepare the documents listed in the section on documents for reissuing work permits and submit them to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs after fully preparing the documents. 

Step 3 : Within 03 working days from the date of receiving the complete application for re-issuance of work permit, 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 the work permit is not re-issued, a written response stating the reasons shall be issued . 

4. Duration of reissued work permit

The term of a reissued work permit is equal to the term of the issued work permit minus the time the foreign employee has worked up to the time of request for reissuance of the work permit. 

See more:

1/ Statute of limitations and legal consequences regarding the unlawful employment of foreign workers

2/ Some regulations regarding the revocation of work permits for foreign employees

3/ Labor contracts of foreign workers working in Vietnam are void due to a lack of a work permit

 


Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Employment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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