Re-issuance of work permit

Legal basis

• Labor code 2019
• Decree No.152/2020/ND-CP dated December 30, 2020, on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.

Cases of re-issuance of a work permit (Article 12 Decree No.152/2020/ND-CP)

• 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.

Procedures for re-issuance of a work permit (Article 13, 14 Decree No.152/2020/ND-CP)

Step 1: Submitting the dossier

- An application form for re-issuance of a work permit made by the employer No. 11/PLI Appendix I hereto appended.

- 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, 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 (clause 3, 4, and 5 Article 154 of the Labor Code 2019 and clauses 1, 2, 8, 9, 10, 11, 12, and 13 Article 7 of Decree No.152/2020/ND-CP)

Note: The unexpired work permit and the acceptance of demand for foreign workers are 1 original or certified true copy except for the document in clause 1 Article 12 hereof; if a document is written in a foreign language, it must be consular 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.

Step 2: Handling the dossier

- Where to submit: the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs

- The validity period of the re-issued work permit: within 3 working days after receiving a duly completed application. If the application is rejected, a written explanation is required. 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 (not exceeding 2 years - Article 10 of Decree No.152/2020/ND-CP):

• The 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 hereof is not required.

Step 3: Receiving the results

When submitting the dossier and receiving the outcomes, the applicant must bring the following documents:

- The receipt with the appointment of the result return.

- ID card or other lawful personal identifications.

- Documents authorizing the applicant to submit dossiers and receive outcomes according to the regulations of the Law.

The above is the re-issuance of a work permit in HNLAW & PARTNERS Law Firm. If the business still has problems, unknowns, or needs other legal assistance, please contact the online legal consulting department through the hotline: 0912.918.296 for answers. We hope to receive the cooperation of customers!

For more details, please contact Hnlaw & Partners Law Firm

Address: DBS Tower, No.N028, lot 31 Hà Trì residential and commercial service area, Hà Trì ward, Hà Đông district, Ha Noi.

Hotline: 0912.918.296

Email: tuvan.hnlaw@gmail.com