Work permit re-issuance
A Work permit after being issued to a foreigner working tin Viet Nam could be re-issued in some cases. HNLaw & Partners would like to guide Customers as follows:
Legal base: Decree 11/2016/NĐ-CP, Decree detailed regulating the implementation of some articles of Labor Code on foreigners working in Viet Nam
- Cases of work permit re-issuance (Article 13 Decree 11/2016/ND-CP)
• The unexpired work permit is lost, damaged or the contents stated in the issued work permit are changed;
• The work permit is still valid from 05 to 45 days.
- Dossier for the re-issuance (Article 14 Decree 11/2016/ND-CP)
• The written request for the re-issuance of the work permit made by the employer in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.
• 02 color pictures
• The issued work permit
• If the work permit is lost: there must be a certification the ward-level police agency or a competent foreign agency according to the provisions of laws;
• If there is any change of the contents in the work permit: documents providing such change are required;
• If the work permit is still valid from 05 to 45 days, there must be a the health certificate or report on medical examination or one of other documents according to the provisions of laws;
• The written documents proving the fulfilment of requirement.
- Procedure of the implementation
Step 1. The employer submits the application for re-issuance of the work permit to the Service of Labor, War Invalids and Social Affairs where the former work permit has been issued.
Step 2. Within 03 working days from the day on which the sufficient application for re-issuance of the work permit is received, the Service of Labor, War Invalids and Social Affairs re-issues the work permit.
If there is not re-issuance, a responding document illustrating the reason is required.
Step 3. Only applied with foreigners implementing labor contracts.
After the employee is re-issued the work permit, the employer and the employee must sign a labor contract in writing before the expected date to continue the work for the employer.
Within 05 days from the date of the signed contract, the employer must submit a copy of the signed labor contract to the Service of Labor, War Invalids and Social Affairs.
Note: The term of a re-issued work permit is maximally 02 years.
For more details please contact:
HNLAW & PARTNERS LAW FIRM
Address: DBS Building, N028, Lot 31, Commercial Services and Housing Area in Ha Tri, Ha Tri Ward, Ha Dong, Hanoi.