Can foreign workers have 2 work permits at the same time in Vietnam? Regulations on using foreign workers in Vietnam. Let us learn about this topic with LSX law firm as follow:
Can foreign workers have 2 work permits at the same time in Vietnam?
According to Vietnamese labor law; foreigners who want to work at your company need to have a work permit issued by a competent Vietnamese state agency. For the foreigners as mentioned above to be granted a work permit; then your company must submit an application for a work permit to the Department of Labor; War Invalids and Social Affairs, where the foreigner regularly works at least 20 days before the deadline; from the date, the foreigner plan to start working at the company.
In case the foreigner as mentioned above has been granted a work permit. That permit is still valid but needs to enter into a labor contract with your company. The application file for a work permit only includes registration for recruitment of foreign workers; Copies of certificates of professional and high technical qualifications of foreigners.
Regulations on using foreign workers and work permits in Vietnam
Determining the need to employ foreign workers in Vietnam
Firstly, at least 30 days before the expected date of employment of foreign workers; the employer (except for the contractor) is responsible for determining the need to employ foreign workers for each job position; that Vietnamese workers have not yet met; and report to the Ministry of Labor, War Invalids and Social Affairs; or the People’s Committee of the province or centrally run city; (after this referred to as the People’s Committee of the province) where the foreign worker plan to work according to Form No. 01/PLI Appendix I issued together with this Decree.
Secondly, during the implementation process; if there is a change in the need to use foreign workers, the employer must report to the Ministry of Labor; War Invalids, and Social Affairs or the provincial People’s Committee according to Form No. 02/PLI Appendix. Appendix I promulgated together with this Decree at least 30 days in advance from the expected date of employment of foreign workers.
Thirdly, in the case of foreign workers specified in Clauses 3, 4, 5; Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12 and 13, Article 7 of this Decree; the Employers don’t need to determine the need for foreign workers.
Time limit for settlement of employment of foreign workers in Vietnam
In general, the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province shall issue a written approval; or disapproval of the employment of foreign workers for each position according to Form No. 03/PLI Appendix I promulgate together with this Decree within 10 working days from the date of receipt of the report explaining or explaining the change in demand for foreign workers.
Dossier of application for a work permit for a foreigner, according to Article 9 of Decree 152/2020/ND-CP.
Dossier of application for work permits for foreign workers for some exceptional cases in Vietnam
Firstly, foreign workers who have been granted a valid work permit; and wish to work for another employer in the same job position and the same job title stated in the permit. If the employee is an employee, the application file for a new work permit includes:
The previous employer’s confirmation that the employee is currently working; also the documents specified in Clauses 1, 5, 6, 7, 8 of this Article; and a certified copy of the issued work permit;
Secondly, for foreign workers who have been issued with a valid and valid work permit; which changes the job position or job title; or the form of work stated in the work permit under the law; but without changing the employer; the application file for a new work permit includes the papers specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article; and a work permit or a certified copy of the issued work permit.
What are Consular legalization and authentication of documents
The papers specified in Clauses 2, 3, 4, 6, and 8 of this Article are 01 original or a true certified copy; if it is from a foreign country, it must be consular legalized. Except for cases where consular legalization is exempted under international treaties; the Socialist Republic of Vietnam and related foreign countries are contracting parties or on the principle of reciprocity or as prescribed by law; translated into Vietnamese and authenticated under Vietnamese law.
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You must have documents in 02 copies (01 original, 01 true copy). Documents in English must be in Vietnamese. Documents must be legalized according to regulations, except for cases where they are exempted.
Firstly, the valid work permit is lost, damaged, or the contents stated in the work permit are changed; except for the cases specified in Clause 8 Article 10 of Decree 11/2016 ND-CP
Besides, the work permit is valid for at least 5 days but not more than 45 days.