Vietnam’s economy is developing day by day, opening up many attractive job opportunities and attracting a large number of foreign workers. In order for foreign workers to legally work in Vietnam, foreign workers need a work permit. However, in many cases the employee no longer holds a work permit. So, What cases can be re-granted work permits in Vietnam? Below is the content of the above issue of Lawyer X!
Legal grounds:
Labor Code 2019
Decree 152/2020/ND-CP
What is a work permit?
Work permit or more precisely a work permit for foreigners working in Vietnam. This is a type of document issued by a competent authority in Vietnam to foreign workers when they meet certain conditions as prescribed by law.
Foreign workers who are granted work permits are considered to work legally and have their legitimate rights and interests protected in labor relations.
The English work permit is Work Permit, or Vietnam Work Permit (Vietnamese Work Permit) to make it easy to distinguish it from other countries that also issue this type of document.
What are the conditions for being granted a work permit?
The Labor Code 2019 and related documents do not specifically stipulate the conditions for granting work permits, but according to Clause 1, Article 151 of the Labor Code 2019 and Article 9 of Decree 152/2020/ND-CP, Foreign workers are granted a work permit when fully meeting the following conditions:
- Being 18 years or older and having full civil act capacity;
- Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
- Not being a person who is serving a sentence; or the criminal record has not been expunged; or is being examined for penal liability in accordance with foreign or Vietnamese laws;
- Having a written approval of the need to use foreign workers from the competent authority; except for cases where the need for foreign workers is not determined.
Which foreigner is granted a work permit?
According to the provisions of Clause 1, Article 2 of Decree 152/2020/ND-CP; foreign workers working in Vietnam in the following forms; will be subject to a work permit:
- Execution of labor contract.
- Moving within the enterprise.
- Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health.
- Contracted service providers.
- Offering services.
- Working for foreign non-governmental organizations, international organizations in Vietnam are allowed to operate.
- Volunteers.
- Person responsible for establishing commercial presence.
- Managers, executives, experts, technical workers.
- Participating in the implementation of bidding packages and projects in Vietnam.
- Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam under international treaties to which Vietnam is a signatory.
The process of granting work permits for foreign workers in Vietnam
Procedures for applying for a work permit are based on the provisions of Article 11 of Decree 152/2020/ND-CP:
- At least 15 days before the date the foreign worker is expected to start working in Vietnam, the applicant shall submit an application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. Labor – War Invalids and Social Affairs where the foreign worker is expected to work is regulated as follows:
a) The employer in the case of foreign workers working in the form specified at Points a, b, e, g, i and k, Clause 1, Article 2 of this Decree;
b) Vietnamese agencies, organizations and enterprises or foreign organizations and enterprises operating in Vietnam and foreign workers come to work in the form specified at Points c and d, Clause 1, Article 2 of the Decree. this;
c) Foreign workers entering Vietnam to offer services, the person responsible for establishing a commercial presence in the form specified at Points dd and h, Clause 1, Article 2 of this Decree.
- Within 5 working days from the date of receipt of a complete application for a work permit, the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the employee is expected to work granting work permits to foreign workers according to Form No. 12/PLI Appendix I issued together with this Decree. The work permit form is printed and issued uniformly by the Ministry of Labor, War Invalids and Social Affairs. In case of refusal to issue a work permit, a written reply clearly stating the reason.
- For foreign workers specified at Point a, Clause 1, Article 2 of this Decree, after the foreign worker is granted a work permit, the employer and the foreign worker must sign enter into a written labor contract in accordance with Vietnamese labor law before the expected date of employment for the employer.
The employer must send the signed labor contract upon request to the competent authority that issued the work permit. The employment contract is the original or a certified copy.
How long is the work permit?
The term of a work permit is specified in Article 10 of Decree 152/2020/ND-CP:
The term of a work permit is granted according to the term of one of the following cases but must not exceed 02 years:
The term of the labor contract is expected to be signed.
Term of the foreign party sending foreign workers to work in Vietnam.
The duration of the contract or agreement signed between the Vietnamese and foreign partners.
The term of the contract or service provision agreement signed between the Vietnamese and foreign partners.
The time limit is stated in the document of the service provider sending foreign workers to Vietnam to negotiate service provision.
The term has been determined in the operation license of the agency, organization or enterprise.
The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
The time limit in the document proving that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
The time limit in the written approval to employ foreign workers, except for the case where a report explaining the need to employ foreign workers is not required as prescribed at Point b, Clause 1, Article 4 of this Decree.
In what cases can the work permit be re-issued?
Article 12 of Decree 152/2020/ND-CP; Specifically, cases of work permit re-issuance have been recorded, including:
The valid work permit is lost.2. Expired work permit is damaged.3. Change of full name, nationality, passport number, working location stated in the valid work permit.
Accordingly, in order to apply for a re-grant of a work permit, a foreign worker must fully meet the following conditions:
1 – In one of the following cases: lost; broken; change information about full name, nationality, passport number, working location.
2 – The work permit applied for re-issuance must be valid.
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Please see more
- Can foreigners extend their work permit when the passport has expired in Vietnam?
- Subjects granted a work permit in Vietnam
- Procedures of revocation of work permits of foreigners
Frequently asked questions
Depending on the locality, where you carry out the procedures for granting a work permit to an employee, the fee for making a work permit will be different (according to Circular 250/2016/TT-BTC).
The current highest fee is 1,000,000 VND/work permit. This fee may change from time to time depending on local regulations.
Foreigners will not have to pay the fee for applying for a work permit, the responsibility for paying the fee rests with the foreign employer.
Dossier of application for a work permit should be submitted to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs in the province where the foreign worker is expected to work at least 15 days before the date of employment. foreign workers are expected to start working. If the application is complete and valid, the applicant will pay the work permit fee and receive an appointment letter to return the results. If not, the applicant will be instructed to supplement the application.
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