ENTERPRISE CHANGES HEAD OFFICE ADDRESS: IS A NEW WORK PERMIT REQUIRED?

Changing the head office address not only requires updating the information on the Certificate of Enterprise Registration, but also affects the Work Permits of foreign employees working for the company. A common issue businesses encounter is: When a company changes its head office to a new location, can the Work Permit issued to a foreign employee continue to be used, or must a new application procedure be performed?

1. Enterprise changes its head office address: Is a new work permit required?

In cases where an enterprise changes its head office address and this simultaneously changes the actual work location of a foreign employee, the work location details on the work permit will no longer reflect the actual working situation.

Under Decree No. 219/2025/ND-CP, a change in work location is not classified as a ground for re-issuing a work permit. This is a notable point of change compared to previous regulations. Under Decree No. 152/2020/ND-CP (as amended and supplemented by Decree No. 70/2023/ND-CP), changing the work location listed on a work permit fell under the grounds for re-issuance.

Therefore, when relocation alters the foreign employee’s work location, the enterprise must apply for a new work permit to ensure the information on the permit aligns with the actual working status.

2. Competent Authority Processing the Dossier

The Department of Home Affairs of the province/city where the foreign employee is expected to work.

3. Procedures for Issuing a New Work Permit

• Step 1: The enterprise posts a recruitment announcement for Vietnamese workers at least 05 days prior to the date of submitting the work permit application.
• Step 2: The enterprise prepares the application dossier for a new Work Permit and submits it to the Department of Home Affairs of the province/city where the foreign employee is expected to work.
• Step 3: Within 10 working days from the date of receiving a complete dossier, the provincial/city Department of Home Affairs shall evaluate and issue the Work Permit. In case of refusal, a written response stating the clear reasons must be provided within 03 working days from the date of receiving the dossier.

4. Application Dossier for a Work Permit

• An official letter reporting the explanation of the demand to employ foreign workers and requesting the issuance of a work permit;
• A health certificate issued within the last 12 months prior to the date of application;
• 02 color photos (4×6 cm, white background, straight face, bare head, without glasses);
• A valid passport;
• A judicial record certificate (criminal record check) or a document confirming that the foreign worker is not currently serving a sentence, issued no more than 6 months prior to the submission date;
• Documents proving the form of employment corresponding to the new job position;
• Documents proving that the employee is a manager, executive director, expert, or technical worker in accordance with regulations.

5. Result of the Procedure

Upon completing the procedure, the foreign worker will be issued a new Work Permit containing details that accurately reflect their current employment status.

6. Important Notes for Enterprises

If a foreign worker has relocated to the new work location but the enterprise continues to use a work permit recording the old location, the enterprise may be subject to administrative penalties for employing foreign workers not in compliance with the contents specified in their Work Permits. Under Decree No. 12/2022/ND-CP, this violation carries a fine ranging from VND 5,000,000 to VND 10,000,000 per non-compliant worker, capped at a maximum fine of VND 75,000,000.

CONDITIONS FOR FOREIGNERS TO WORK FOR MULTIPLE EMPLOYERS IN VIETNAM↗

WORK PERMIT APPLICATION PROCEDURES WHEN AN EMPLOYEE TRANSFERS TO A NEW COMPANY↗