CHANGE OF JOB POSITION FOR FOREIGN WORKERS: IS A NEW WORK PERMIT REQUIRED?

Under Decree No. 219/2025/ND-CP, foreign workers who change their job position are required to undergo the procedure for obtaining a new Work Permit. This is because the new employment contract contains changes that are no longer consistent with the scope of work specified in the previously issued Work Permit.

DO FOREIGN WORKERS NEED TO APPLY FOR A NEW WORK PERMIT?

Where a foreign worker changes their job position, the Work Permit issued for the previous position is no longer consistent with the new position. Accordingly, the employer must carry out the procedure for obtaining a new Work Permit for the foreign worker in accordance with applicable regulations.

Pursuant to Article 156 of the 2019 Labour Code, the following cases render a Work Permit invalid:

Cases in which a Work Permit becomes invalid

1. The Work Permit expires.

2. The employment contract is terminated.

3. The contents of the employment contract are inconsistent with those of the issued Work Permit.

4. The foreign worker performs work that is inconsistent with the contents of the issued Work Permit.

5. The contract serving as the basis for the issuance of the Work Permit expires or is terminated.

6. A written notification is issued by the foreign party stating that it has ceased assigning the foreign worker to work in Vietnam.

7. The Vietnamese enterprise, organization, partner, or foreign organization in Vietnam employing the foreign worker ceases its operation.

8. The Work Permit is revoked.

Accordingly, the employer must carry out the procedure for obtaining a new Work Permit to ensure that the permit corresponds to the job position undertaken by the foreign worker.

PROCEDURE FOR OBTAINING A NEW WORK PERMIT

Step 1: The employer or foreign worker submits the application for a new Work Permit directly, by post, or electronically to the competent Work Permit-issuing authority.

Step 2: Within 10 working days from the date of receipt of a complete and valid application, the competent authority shall review the application and issue the Work Permit. If the Work Permit is not issued, the authority shall provide a written response stating the reasons within 3 days.

DOCUMENTS REQUIRED FOR A WORK PERMIT APPLICATION

The application for a new Work Permit when a foreign worker changes their job position includes the following documents:

• The employer’s written report explaining the need to employ foreign workers and requesting the issuance of a Work Permit, using Form No. 03 issued together with Decree No. 219/2025/ND-CP;
• A health certificate issued by a qualified medical examination and treatment facility, valid for 12 months from the date of signing the health conclusion to the date of application submission;
• A valid passport;
• 02 color photos measuring 4 cm × 6 cm, with a white background, facing straight ahead, with the head uncovered and without glasses;
• A criminal record certificate;
• Documents proving the form of employment (such as a proposed employment contract to be signed with the new company, assignment decision, service provision contract, etc.);
• Documents proving that the foreign worker is a manager, executive director, expert, or technical worker (such as diplomas, certificates, confirmation of work experience, etc.).

VALIDITY PERIOD OF THE WORK PERMIT

Under Decree No. 219/2025/ND-CP, the validity period of a newly issued Work Permit is determined based on the relevant case and must not exceed 02 years.

Accordingly, where a foreign worker holds a valid Work Permit but changes the job position stated in the Work Permit while continuing to work for the same employer, the employer does not carry out the procedure for “re-issuance” but must instead carry out the procedure for obtaining a new Work Permit in accordance with Clause 2, Article 20 of Decree No. 219/2025/ND-CP.