LOST OR DAMAGED WORK PERMIT: WHAT SHOULD EMPLOYERS DO?

Foreign workers may have their valid work permits reissued if the permits are lost, damaged, or contain changes to certain information as prescribed in Article 23 of Decree No. 219/2025/ND-CP. Employers should promptly prepare the required documents and complete the reissuance procedure to ensure the foreign worker’s lawful employment in Vietnam.

Can a Lost or Damaged Work Permit Be Reissued?

Pursuant to Article 23 of Decree No. 219/2025/ND-CP, a foreign worker may apply for the reissuance of a valid work permit in cases prescribed by law. Specifically, there are two groups of cases eligible for work permit reissuance:

1. The valid work permit is lost or damaged and can no longer be used.

2. Changes are made to any of the information stated in the valid work permit, including:

– Full name;

– Nationality;

– Passport number;

– Change in the name of the employer without changing the employer’s identification code.

Accordingly, when a work permit is lost or damaged, the employer should promptly carry out the reissuance procedure. Reissuance is only available when the case falls within those specified in Article 23 of Decree No. 219/2025/ND-CP and the work permit remains valid.

What Happens If the Employer Does Not Apply for Reissuance of a Lost or Damaged Work Permit?

Under Article 151 of the 2019 Labour Code, a work permit is one of the conditions for a foreign worker to legally work in Vietnam, except for cases where the foreign worker is exempt from work permit requirements. Therefore, if a work permit is lost or damaged and is not reissued, the foreign worker may face difficulties in providing documents proving the legality of their employment when inspected by a competent authority.

For employers, failure to promptly carry out the work permit reissuance procedure may also give rise to risks in the management and employment of foreign workers. If a competent authority determines that an employer is employing a foreign worker who does not fully satisfy the prescribed conditions, the employer may be subject to corresponding administrative sanctions.

What Documents Are Required to Reissue a Lost or Damaged Work Permit?

Pursuant to Article 24 of Decree No. 219/2025/ND-CP, the employer must prepare the required dossier and submit it to the competent authority. The dossier for work permit reissuance includes:

– An application for work permit reissuance submitted by the employer.

– 02 color photos (4 cm x 6 cm, white background).

– Documents proving the changes to the information as prescribed in Clause 2, Article 23 of the Decree.

– The valid work permit, except where the work permit is lost as prescribed in Clause 1, Article 23 of the Decree.

Accordingly, before submitting the dossier, the employer should carefully review each required document to ensure that the dossier is complete, accurate, and appropriate to the specific reissuance case, thereby minimizing the risk of requests for supplementation or amendments during the processing of the procedure.

Procedure for Reissuing a Lost or Damaged Work Permit

Pursuant to Article 25 of Decree No. 219/2025/ND-CP, the work permit reissuance procedure follows a prescribed process, with the employer being responsible for submitting the dossier and coordinating with the competent authority throughout the process. Specifically:

Step 1: The employer prepares the complete dossier for work permit reissuance and submits it directly, via public postal services, through an enterprise or individual service provider, or through an authorized representative to the Public Administration Service Center in the locality where the foreign worker is working.

Step 2: Upon receipt of the dossier, the local Public Administration Service Center transfers it to the competent authority for consideration and processing in accordance with regulations.

Step 3: Within 03 working days from the date of receiving a complete dossier, the competent authority shall reissue the work permit to the foreign worker if all prescribed conditions are satisfied.

The validity period of the reissued work permit is not calculated from the beginning but is determined based on the remaining validity period of the previously issued work permit. Specifically, the validity period of the reissued work permit equals the validity period of the previously issued work permit minus the period during which the foreign worker has worked up to the date of application for reissuance.

Important Notes for Employers When Applying for Work Permit Reissuance

When applying for the reissuance of a lost or damaged work permit, the employer and foreign worker should proactively review the dossier, information, and validity period of the work permit to minimize potential issues during the processing of the application. Key points to note include:

– The employer should clearly and truthfully state the reason why the work permit was lost or damaged and ensure that the information provided is consistent with other documents in the dossier to minimize the possibility of requests for explanations or additional documents from the competent authority.

– Before submitting the dossier, the employer should check the consistency between the passport, visa or residence documents, employment contract, and information stated in the current work permit, particularly the full name, nationality, passport number, and employer information.

– The employer should prepare complete copies, translations, and documents that have been consular legalized or certified in accordance with applicable regulations where the dossier contains documents issued by foreign authorities, ensuring that such documents are valid for use in the reissuance application.

– Particular attention should be paid to the remaining validity period of the existing work permit so that the reissuance procedure can be carried out in a timely manner. This helps avoid the work permit expiring while the reissuance application is still being processed, which may affect the foreign worker’s ability to continue working legally in Vietnam.

– The employer should proactively retain a scanned or electronic copy of the work permit immediately after it is issued. Keeping an electronic copy will facilitate information verification, dossier preparation, and other related procedures if the original paper work permit is subsequently lost or damaged.