Procedures for re-issuance of work permits for foreign experts in Vietnam

by DungTran

Procedures for re-issuance of work permits for foreign experts in Vietnam. Dossier for re-issuance of work permits for foreign experts in Vietnam. Let us learn about this topic with LSX Law firm below:

Dossier for re-issuance of work permits for foreign experts

An application file for re-grant of a work permit for foreign experts according to Article 14 of Decree 11/2016/ND-CP, including:

  • The employer’s written request for re-issuance of a work permit under the Ministry of Labor; War Invalids, and Social Affairs regulations.
  • 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses); photos taken within 06 months from the date of application.
  • The work permit has been issued. 

Firstly, in case the work permit is lost; it must be certified by the commune-level police office of Vietnam or a competent foreign agency as prescribed by law;

Secondly, in case of changing the contents of the work permit, there must be proof;

Thirdly, in case the work permit is still valid for at least 05 days; but not more than 45 days, a health certificate or medical examination paper and one of the papers need;

Moreover, in case the foreign worker has a work permit under the Government’s Decree No. 102/2013/ND-CP dated September 5, 2013, detailing the implementation of several articles of the Labor Code; Foreign workers working in Vietnam must have documents proving that they meet the requirements as prescribed in Clause 3 or Clause 4 or Clause 5, Article 3 of Decree 11/2016/ND-CP;

Notably: The above papers are 01 photocopy enclosed with the original for comparison or 01 certified copy. If foreign, consular legalization is exempt but must be translated into Vietnamese; and authenticate under the law of Vietnam. 

Dossier to apply for re-issuance of work permits for foreign experts will be submitted as follows:

In case a foreign citizen works outside an industrial park or an export processing zone; he/she shall submit it to the Department of Labor, War Invalids, and Social Affairs.

In addition, if a foreign citizen works outside an industrial park or export processing zone; he/she shall submit it to the Management Board of the industrial park or export processing zone. 

Procedure for re-issuance of work permit

In the case of re-issuance of a work permit because the work permit is still valid for at least 5 days but not more than 45 days; at least 05 days but not more than 45 days before the expiry date of the work permit; the employer must submit an application for re-issuance of a work permit to the Department of Labor; War Invalids and Social Affairs that issued the work permit.

 Within 03 working days from the date of receipt of complete dossiers of application for re-issuance of work permits; the Department of Labor, War Invalids, and Social Affairs shall re-issue the work permits. In case of refusal to re-issue the work permit, a written reply is clearly stating the reason. 

For foreign workers due to the loss, damage, or change in the contents of the work permit; due to a valid work permit, after the foreign worker can have a re-granted work permit; the employer laborers and foreign workers must sign a written labor contract under the provisions of Vietnamese labor law before the expected date of continuing to work for the employer.

Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, War Invalids, and Social Affairs that has re-issued the work permit. 

Fees for re-issuance of work permits for experts in Vietnam

Depending on the regulations of each locality, the fee for re-issuance of a lost work permit ranges from 300,000 VND to 800,000 VND.

After completing the above procedures, the foreign expert can continue to work legally in Vietnam. 

Finally, hope this article about Procedures for re-issuance of work permits for foreign experts in Vietnam is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn

Related questions

Who must carry out procedures for re-issuance of a work permit?

Subjects carry out procedures for re-issuance of work permits, including:
Firstly, the valid work permit; lost, damaged, or the contents stated in the work permit are changed.
Secondly, the work permit is valid for at least 05 days but not more than 45 days. 

Sanctions for acts of labor without a work permit?

A work permit is a prerequisite for foreign experts to work in Vietnam legally. When facing a situation requiring re-issuance, the guarantee agency/enterprise employing foreign workers must carry out procedures to re-issue the lost work permit. Foreigners should do this as soon as possible to avoid penalties under Vietnamese law. Because, according to the provisions of the labor law, foreign workers, when working in Vietnam without a permit, when detected by the Department of Labor’s inspection, may be administratively sanctioned, even actual deportation. 

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