Re-issuance of work permits for foreigners: how to do?

A work permit is an extremely important document for foreigners to legally work in Vietnam. In this article, VTJ will detail all information related to the re-issuance of work permits for foreign workers.

These issues are all specified in Decree 152/2020/ND-CP of the Government regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for Vietnam. foreign organizations and individuals in Vietnam.

1. Cases of re-issuance of work permits

According to the provisions of Article 12, Decree 152/2020/ND-CP, people who can ask for the re-grant of work permits:

• Foreign workers whose valid work permits are lost,
• The foreign worker has a damaged work permit, or
• Foreign workers change their last name and name, nationality, passport number, working location stated in the valid work permit.

Note: Previously, the work permit used to be valid for at least 5 days but not more than 45 days. But according to the provisions of Decree 152/2020/ND-CP, effective from February 15, 2021, this case is subject to work permit extension.

2. Dossiers for re-issuance of work permits

To apply for a work permit reissuance, the employer and the foreign worker will have to prepare the following documents:

• Sample of the employer’s written request for re-issuance of a work permit according to the provisions of Form No. 11/PLI (original) (Download).
• 02 color photos 4cm x 6cm, white background, taken within 06 months from the date of application submission.
• Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required (original or notarized copy).

Documents proving the reason for applying for re-issuance of the work permit, which are:

• If applying for re-issuance of a lost work permit: Confirmation of the commune-level police office where the foreigner resides (original/ notarized copy). Or, Certification by a competent foreign authority in accordance with the law. This needs consular legalization and notarized translation into Vietnamese, unless under exemption.
• Papers proving the change in the contents of the work permit (original or notarized copy if it is a Vietnamese document, a consular legalization copy and notarized translation into Vietnamese if it is a Vietnamese document issued by a foreign country unless exempt from consular legalization).

3. The fee for re-issuance of work permits

According to the provisions of Point b, Clause 2, Article 3 of Circular 02/2014/TT-BTC, the fee for re-grant of a work permit must not exceed VND 450,000/permit. This fee may vary from province to province.

4. Procedures for re-issuance of work permits

Procedures for re-issuance of work permits for foreigners include 4 specific steps as follows:

Step 1: Notify the employer

After discovering the loss of a work permit, a damaged work permit, or a change in information about full name, date of birth, nationality, passport number, passport issue date, working location compared to the original document.

If the work permit is in use, the employee must report to the employer as well as perform other necessary work, for example, obtain the certification of the competent authority in case of loss of the work permit. .

Step 2: Prepare the application for the re-issuance of work permits

In this step, the employer and the employee will prepare a full set of 4 documents mentioned in the above profile section.

Step 3: Submit application for re-issuance of work permits for foreigners

The application for re-issuance of a work permit will be submitted to the Ministry of Labor, Invalids and Social Affairs or the provincial Department of Labor, War Invalids and Social Affairs where people issue the lost, damaged, or altered work permit information.

Step 4: Get the result

The employer will receive a re-issued work permit or a written refusal to re-issue it with reasons within 03 working days from the date of receipt of a complete dossier of application for a work permit reissuance.

Above is the entire procedure for re-granting a work permit for foreign workers in Vietnam.

5. Re-issued work permit duration

The term of the re-issued work permit is equal to the term of re-issuance of work permits. This minuses the time the foreign worker has worked up to the time of applying for the re-issuance of the work permit. This is clearly stated in Article 15 of Decree 152/2020/ND-CP.