Where an enterprise changes its name as recorded on its Enterprise Registration Certificate (“ERC”), the employer information stated in the Work Permit of its foreign employee will no longer be consistent with the enterprise’s legal records. To ensure the continued validity of the Work Permit and avoid any disruption to the lawful employment of foreign workers, the enterprise must complete the procedures for the re-issuance of the Work Permit in accordance with applicable law.

1. Applicable cases for the re-issuance of the Work Permit

Pursuant to Clause 2, Article 23 of Decree No. 219/2025/ND-CP, a Work Permit shall be re-issued where there is a change to any information stated on a valid Work Permit, including the employee’s full name, nationality, passport number, or the employer’s name, provided that the employer’s identification number remains unchanged.

Accordingly, where an enterprise changes only its registered name while retaining the same enterprise identification number, the foreign employee is not required to apply for a new Work Permit. Instead, the employer must carry out the procedure for the re-issuance of the existing Work Permit in order to update the employer’s name as recorded on the permit.

2. Statutory conditions

Pursuant to Article 23 of Decree No. 219/2025/ND-CP, an enterprise may apply for the re-issuance of a Work Permit where the following conditions are satisfied:

– The foreign employee’s Work Permit remains valid.

– The enterprise has changed only its name and has not changed its employer identification number (enterprise code), while remaining the same employer of the foreign employee.

– The foreign employee continues working for the same enterprise following the change of the enterprise’s name.

– The employer possesses sufficient supporting documents evidencing the change of the enterprise’s name, which must be included in the application dossier for the re-issuance of the Work Permit.

The purpose of the re-issuance in this case is solely to update the employer’s information recorded on the Work Permit. It does not alter the validity period of the Work Permit, the approved job position, or the employment relationship previously approved by the competent authority.

3. Legal procedure

Procedure name: Application for the Re-issuance of a Work Permit upon a Change of the Employer’s Name

Pursuant to Article 24 of Decree No. 219/2025/ND-CP, the employer must prepare an application dossier for the re-issuance of the Work Permit, including a written request submitted by the employer together with documents evidencing the change of the enterprise’s name in accordance with the applicable regulations.

Under Article 25 of Decree No. 219/2025/ND-CP, the application dossier shall be submitted to the competent authority responsible for processing applications relating to foreign employees. Within 03 working days from the date of receipt of a complete and valid dossier, the competent authority shall consider and issue the re-issued Work Permit. Where the application is rejected, the authority must provide a written response clearly stating the reasons for such refusal.

Outcome of the Procedure: The employer will be issued a re-issued Work Permit reflecting the enterprise’s updated name.

Pursuant to Article 26 of Decree No. 219/2025/ND-CP, the re-issued Work Permit shall remain valid for the remaining validity period of the previously issued Work Permit.

4. Penalties for Non-Compliance

Failure to complete the Work Permit re-issuance procedure following a change of the employer’s name may result in inconsistencies between the information stated on the Work Permit and the enterprise’s legal registration records. Such inconsistencies may give rise to practical difficulties during labor inspections, when providing explanations to competent authorities, or when carrying out other administrative procedures, including the issuance or renewal of Temporary Residence Cards for foreign employees.

In addition, pursuant to Article 32 of Decree No. 12/2022/ND-CP, an employer that employs foreign workers who do not fully satisfy the statutory requirements may be subject to administrative penalties of up to VND 75,000,000, depending on the number of foreign employees involved in the violation, and may also be required to implement remedial measures as prescribed by law.

Accordingly, immediately after completing the procedure for changing the enterprise’s name on the Enterprise Registration Certificate, the employer should promptly apply for the re-issuance of the relevant Work Permit to ensure consistency among its legal records, facilitate the lawful management of foreign employees, and minimize potential legal risks.

>> INTRA-CORPORATE TRANSFER – APPLICATION DOSSIER FOR A WORK PERMIT EXEMPTION CONFIRMATION https://linconlaw.vn/intra-corporate-transfer-application-dossier-for-a-work-permit-exemption-confirmation/

>> WORK PERMIT APPLICATION FOR FOREIGN EMPLOYEES AFTER WORK PERMIT RENEWAL https://linconlaw.vn/work-permit-application-for-foreign-employees-after-work-permit-renewal/