GUIDANCE ON RE-ISSUANCE OF WORKING PERMIT

Working permit is a document issued by competent state authority stating that a foreign employee is legally allowed to work in Vietnam. In some cases due to carelessness or force majeures, the the working permit may be lost or damaged. Complying with laws, procedures for re-issuance of working permit shall be required.

1.       In which cases will the employee need to carry out the procedures for re-issuance of working permit?

A foreign employee who has been issued working permit falls into one of the following cases:

–        The valid working permit is damaged.

–        The valid working permit is lost.

–       Change one of the following contents: full name, nationality, passport number, work location, change the business name without changing the business code recorded in the valid working permit.

2.       Authority to process the dossiers

The implementation state agency is the Department of Labor, War Invalids and Social Affairs where the enterprise employs foreign employees.

3.       Implementation procedure

–        Step 1: The employers submit an application for re-issuance of work permit to the Department of Labor, War Invalids and Social Affairs via online, in person or by postal service.

–        Step 2: Within 03 working days from the date of receipt in full of application for re-issuance of work permit, the Department of Labor, War Invalids and Social Affairs shall re-issue the work permit. In case of refusal to re-grant a work permit, a written reply must be given for clearly stating the reason.

4.       Dossier of application for re-issuance of a work permit

The dossier for re-issuance of working permit for foreign employee working in Vietnam includes:

–        The employer’s written request for re-issuance of working permit;

–        02 color photos (4cm x 6cm in size, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application submission;

–        The valid working permit has been issued:

+       In case the working permit is lost according to the provisions of Clause 1, Article 12 of the Decree, it must be certified by the commune-level police agency where the foreigner resides or the foreign competent authority in accordance with regulations of law;

+       In case of changing the contents of the working permit, the proofs are required.

Noted, if the documents are foreign issued, they must be consular legalized and translated into  Vietnamese, except for cases of being exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and related foreign countries are contracting parties, or on the principle of reciprocity or as prescribed by laws.

5.       Procedure result

Working permit.

>> WORK PERMIT, NOTES ABOUT DOCUMENTS OF FOREIGN WORKERS https://linconlaw.vn/work-permit-notes-about-documents-of-foreign-workers/

>> ISSUANCE OF WORK PERMITS FOR KOREAN WORKER, DIFFICULTY IN IMPLEMENTATION? https://linconlaw.vn/issuance-of-work-permits-for-korean-worker-difficulty-in-implementation/