A Work permit is very important for Foreigners who want to work in Vietnam. After acquiring a work permit, foreigners who met the requirements can then legally work in Vietnam. But sometimes for certain reasons, foreign workers lose or damage their work permit, making it hard to prove their rights to work in Vietnam legally. To solve this issue, foreign workers or their employers need to apply for a reissue of a work permit for foreigners in Vietnam so that the workers can continue working in the country. Let us find out how to do so in this article with LSX Law firm.
- Labor law 2019
- Decree 152/2020/ NĐ-CP
What is a work permit?
Authorized Vietnamese organizations issue work permit to grant foreign workers the right to legally work in Vietnam. So This means a work permit will prove that its owner is protected by Vietnam’s Labor law.
When can you apply for a reissue of a work permit?
According to Article 12 Decree 152/2020/NĐ-CP, the cases where you can apply for a reissue of a work permit are:
- An unexpired work permit is lost.
- An unexpired work permit is damaged.
- Information such as name, nationality, passport number, work locations in an unexpired work permit is changed.
In the cases where foreign workers change their personal information or work locations compared to the information in the work permit, they need to apply for a reissue of their work permit so that information in the work permit matches reality. In cases where the worker changes their location to a location outside of the provincial area then the worker must apply for a reissue of a new work permit that has the new location on it.
Duration of time to apply for the reissue of work permit.
In cases where a work permit is lost, damaged or the information on the work permit such as Name, date of birth, nationality, passport number, work location is changed. Within 3 days, the foreign worker must report it to their employers and within 5 working days; from when the report from the worker gets to the employer, the employer submits a dossier to apply for the reissue of the work permit to the Department of Labour, War Invalids and Social Affairs.
Within 03 working days, from the day the dossier for the reissue of work permit is received, the Department of Labour, War Invalids, and Social Affairs will proceed to reissue the work permit. In case the reissue is refused, there must be a notice specifying the reason.
Dossier for the reissue of the work permit.
To apply for the reissue of the work permit, the following documents are required:
- The request form for the reissue of the work permit according to the regulations of the Department of Labour, War Invalids and Social Affairs
- 02 card images (colored, size: 4×6, white background, no glasses)
- The issued work permit.
- In cases where issued the work permit is lost, a certificate from the commune/ward police department where the foreign worker is registered to reside in or other authorized foreign organizations according to the law.
- In cases where the information on the work permit is obsolete, documents that prove the new information is required.
4. Document accepting the need for using foreign workers. Except for cases where the need for foreign workers doesn’t need to be determined.
5. The work permit and the document accepting the need for using foreign workers must be original or notarized copies. If the documents are not from Vietnam then they must be translated to Vietnamese and be recognized by international treaties Vietnam is a member of.
Finally, hope this article is helpful for you!
If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.
Frequently Asked Questions
According to article 15 Decree 152/2020/ NĐ-CP, the duration of a reissued work permit is equal to the duration of the original work permit minus the time the foreign worker had worked in Vietnam until they requested a reissue of the work permit.
Usually, the organization that issued the original work permit will have the authority to reissue that work permit. Here, that organization would be the Provincial Department of Labour, War Invalids, and Social Affairs. In other cases, it would be the ministry of Labour, War Invalids, and Social Affairs.