Process of revocation of work permits of foreigners

by DungTran

Procedure for revocation of work permits of foreigners. Process of revocation of work permits of foreigners. Let us learn about this topic with LSX Law firm below:

Procedure for revocation of work permits of foreigners

  1. In case the work permit expires, the employer shall revoke the foreign worker’s work permit; and return it to the Department of Labor, War Invalids and Social Affairs that issued the work permit;

Within 15 days from the date the work permit expires; the employer revokes the work permit of the foreign worker; and return it to the agency that has issued the work permit; enclosed with a document clearly stating the reason for each case of revocation; and the cases subject to revocation but cannot be revoked;

Within 5 days from the date of receipt of the revoked work permit enclosed with the employer’s document mentioned at Point a of this Clause; The work permit-issuing agency has written confirmation of receipt of the revoked work permit from the employer. 

  1. In case the revoked work permit because the employer or foreign worker fails to comply with the provisions of law; then the Director of the Department of Labor, War Invalids and Social Affairs; that has issued the work permit shall issue a decision on revocation and notify the employer to revoke the foreign worker’s work permit; and submit it to the Department of Labor, War Invalids and Social Affairs;
  2. The Department of Labor, War Invalids, and Social Affairs shall send a written confirmation about the revoked work permit to the employer.
  3. The Ministry of Labor, War Invalids, and Social Affairs shall detail procedures for revocation work permits. 

Process of revocation of work permits of foreigners

Steps to carry out the work permit revocation procedure:

Step 1: 

For the case specified in Clause 1, Article 20 of this Decree, within 15 days from the date the work permit expires; the employer shall revoke the foreign worker’s work permit that they submitted the work permit. The Ministry of Labor – Invalids and Social Affairs; or the Department of Labor – Invalids and Social Affairs issue the work permit, together with a written statement clearly stating the reason for the revocation; in case the work permit is subject to revocation but cannot be revoked.

For the cases specified in Clauses 2 and 3, Article 20 of this Decree; the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs has issued the work permit; issue a decision on revocation of the work permit according to Form No. 13/PLI Appendix I issued together with this Decree; notify the employer that the foreign worker’s work permit has been revoked; and return it to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs that issued the work permit.

Step 2: Within 5 days from the date of receipt of the revoked work permit enclosed with the employer’s document; The Department of Labor, War Invalids, and Social Affairs has written confirmation of receipt of a revoked work permit from the employer. 

Things to know about process of revocation of work permits of foreigner

Firstly, how to carry out administrative procedures:

Submit your application in person or by mail.

Secondly, composition, number of dossiers: 01 set of dossiers

The foreign worker’s work permit has been granted;

The document clearly states the reason for each recall case, cases subject to recall but cannot be recovered.

Thirdly, the time limit for handling administrative procedures:

20 (twenty) working days from the date of receipt of complete and valid dossiers 

Fourthly, objects of administrative procedures: Employers.

In addition, agencies carrying out administrative procedures: Direct implementing agency: Department of Labor, War Invalids and Social Affairs.

Furthermore, results of administrative procedures:

Revocation of work permit.

Written confirmation of receipt of a work permit revoked in case the work permit expires.

About fees: Not available.

Finally, hope this article about the Process of revocation of work permits of foreigners 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

What is work permit revocation in Vietnam?

Revocation of a work permit is necessary when a worker is not eligible to continue working in Vietnam or the issued work permit is no longer valid. 

Who are eligible for a Vietnam work permit? 

There is the fact that not all foreigners are required to have a Vietnam work permit. Please firstly check if you are eligible for Vietnam work permit exemption. 
To apply for a legitimate Vietnam work permit, foreigners have to meet these standard requirements: 
Firstly, over 18 years old to meet current Vietnam labor law; 
Secondly, in a good health condition that satisfies demands and requirements of the specific job; 
In addition, no criminal record in their local country or a national security offense, not currently facing criminal prosecution, or not serving a criminal sentence by the Vietnamese and foreign policemen during the assignment; 
Besides, own a high degree of specialized knowledge, technology, qualification, and experience that Vietnamese labor resources are currently unable to manage.

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