Reissuance of the work permit

Reissuance of the work permit

The work permits for foreigners in Vietnam are regarded as the highest legal basis to ensure legal conditions for employees of foreign nationality working legally in Vietnam. Therefore, after been issued a work permit in Vietnam, an foreigner may be re-issued a work permit in the particular events.

The events applied for re-issuance of the work permit

  1. The work permit is lost;
  2. The work permit is damaged;
  3. The work permit expires;
  4. The information in the work permit is altered as: full name, date of birth, nationality, passport number, issuance date of passport, work location, workplace;

Procedures for re-issuance of the work permit

In the event that the work permit is lost or damaged, or the information in the work permit is altered as: full name, date of birth, nationality, passport number, issuance date of passport, work location, workplace.

Step 1: Within 03 days as of the employee discovers the work permit is lost or damaged, or the information in the work permit is altered as: full name, date of birth, nationality, passport number, issuance date of passport, work location, workplace, the employee of foreign nationality is responsible for reporting to the employer.

Step 2: Within 05 days after the employer receives the report of the of foreign nationality informing that the work permit is lost or damaged, or the information in the work permit is altered as: full name, date of birth, nationality, passport number, issuance date of passport, work location, workplace, the employer must apply to the provincial labor management agency which issued the work permit for re-issuance of the work permit for the foreign employee.

In the event that the work permit expires

Step 1: 30 days before applying for re-issuance of the work permit for the employee under step 2, the employer must apply for approving the employment need of foreign employees.

Step 2: Before at least 05 days, but not more than 15 days before the work permit expires, the employer must apply to the Department of Labor – Invalids and Social Affairs which issued the work permit for re-issuance of the work permit for the foreign employee and the application should be enclosed the written notice of the Department of Labor – Invalids and Social Affairs of the job approved by the Chairman of the Provincial People’s Committee for employing foreign employees or the official letter of Chairman of the Provincial People’s Committee decides that the contractor is permitted to employ foreign employees to the job which cannot be satisfied by Vietnamese employees.

Step 3: Within 03 working days as of receipt of valid application for re-issuance of the work permit, the Department of Labor – Invalids and Social Affairs shall re-issue the work permit. If the work permit is not issued, a reply in writing with good reasons should be made.

Step 4: After the foreign employee is re-issued the work permit, the employer and the foreign employee should make a labor contract in writing under Vietnam Law on labor before the employee intends to go on working for the Employer. The contents of the Labor contract cannot be contrary to the contents of the reissued work permit.

Step 5: Within 05 working days as of the labor contract is signed, the employer must send a copy of the labor contract signed and a copy of the reissued work permit to the Department of Labor – Invalids and Social Affairs which issued the work permit.

Application for reissuance of the work permit

  1. The employer’s written request for the work permit in accordance with regulations;
  2. The issued work permit (unless lost) with the remaining validity for at least 05 days, but not more than 15 days before the issued work permit expires;
  3. The health certificate as prescribed;
  4. A written notice of the Department of Labor – Invalids and Social Affairs about the job approved by the Chairman of the Provincial People’s Committee for employing foreign employees or the official letter of the Chairman of the Provincial People’s Committee decides that the contractor can employ foreign employee to the job which cannot be satisfied by Vietnamese employees.
  5. In the event the work permit is lost, the required document includes the foreign employee’s written explanation confirmed by the employer.

Validity of the reissued work permit

The reissued work permit validity is not more than 02 years, but not exceeding the term in the written approval of the Chairman of the Provincial People’s Committee for employing foreign employees ore not exceeding the term in the official letter of the Chairman of the Provincial People’s Committee decides that the contractor can employ foreign employee to the job which cannot be satisfied by Vietnamese employees.

SIGLAW FIRM

Add: Room 2302, Tower B, The Light building, To Huu Street, Trung Van Ward, Nam Tu Liem District, Hanoi

Tel: 0936 111 248                 

Email: siglaw.contact@gmail.com    Website: www.siglaw.vn

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