Application for reissuance of work permit in Vietnam

Due to the increasing demand for foreign workers in Vietnamese enterprises, the number of foreign workers in Vietnam is increasing. For foreign workers to work at Vietnamese enterprises, they must be granted a work permit by the agency. However, due to careless storage or changes in the content of the work permit, the employee must apply for a new permit. In the article below, Viet An Law will answer clients’ questions about the application for reissuance of work permit in Vietnam.

Legal basis

• Labor Code 2019
• Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam is amended by Decree No. 70/2023/ND-CP.
• Decree 12/2022/ND-CP regulating penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.

What is a work permit for foreigners?

Currently, there is no specific regulation on what a work permit is, but it can be simply understood that a work permit is a type of legal document that allows workers of foreign nationality to work legally in Vietnam. Male. A valid work permit must be issued by an agency under the Ministry of Labor, Invalids and Social Affairs of Vietnam.

Conditions for granting work permit in Vietnam

Pursuant to Article 151 of the 2019 Labor Code, foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

• Be 18 years old or older and have full civil capacity;
• Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
• Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law;
• Have a work permit issued by a competent Vietnamese state agency, except in cases where foreign workers working in Vietnam are not subject to a work permit.

Regulated cases of reissuance of work permit in Vietnam

Pursuant to Article 12 of Decree 152/2020/ND-CP, as amended and supplemented by Clause 7, Article 1 of Decree 70/2023/ND-CP, workers who fall into the following cases are eligible to apply for re-issue Work permit:

• The valid work permit is lost.
• The valid work permit is damaged.
• Change one of the following contents on the work permit: full name, nationality, passport number, and work location, change the business name without changing the business code recorded in the valid work permit term.

Application for reissuance of work permit in Vietnam

Pursuant to Article 13 of Decree 152/2020/ND-CP stipulating the components of the dossier requesting reissuance of a work permit include:

• Written request for reissuance of work permit by the employer according to Form No. 11/PLI Appendix I issued with Decree 152/2020/ND-CP.
• 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.
• Original or certified copy of issued valid work permit in Vietnam.

When applying for a work permit, foreign workers or employers should note:

• In case the work permit is lost, there must be confirmation from the commune level police agency where the foreigner resides in Vietnam or a competent foreign agency according to the provisions of the law;
• In case of changing the content written on the work permit, there must be evident documents.
• Foreign documents must be consular legalized and must be translated into Vietnamese unless consular legalization is exempted according to international treaties to which Vietnam and concerned foreign countries are members or according to the principle of reciprocity or according to the provisions of law.

Procedure for processing work permit reissuance applications

Step 1: Prepare sufficient documents to request reissuance and submit to the competent authority to re-issue the license

Step 2: Within 03 working days from the date of receiving the complete application dossier for the re-issue of the work permit, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs shall re-issue the work permit. In case the work permit is not reissued, there will be a written response clearly stating the reason.

Duration of re-issued work permits for foreign workers in Vietnam

The term of work permits re-issued to foreign workers in Vietnam according to Article 15 of Decree 152/2020/ND-CP is as follows:

“The term of the reissued work permit is equal to the term of the issued work permit minus the time the foreign worker has worked up to the time of request for reissue of the work permit.”

For example: Mr. K (Korean nationality) working at ABC Co., Ltd. (a company in Bac Ninh) was granted a Work Permit by the Department of Labor, Invalids and Social Affairs of Bac Ninh province on October 20, 2023. with a term of 18 months. Due to careless storage, the Work Permit is lost. On January 5, 2024, Mr. K will apply to reissue his work permit. Therefore, the validity period of the work permit reissued to Mr. K is April 20, 2025.

Some questions related to the application for reissuance of work permit in Vietnam

When do I need to carry out the procedure to re-issue a work permit?

• The valid work permit is lost.
• The valid work permit is damaged.
• Change your last name, nationality, passport number, and work location listed in your valid work permit.

Who has the right to re-issue a work permit?

According to Article 14 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs is the competent authority re-issues work permits.

Where should businesses apply to reissue a work permit?

Enterprises submit applications to re-issue work permits to the Ministry of Labor, Invalids and Social Affairs (Department of Employment). Number of documents: 01 set of documents.

Work permit reissuance service of Viet An Law

• Legal advice on reissuance of work permits;
• Support in drafting documents and collecting documents to complete documents as required;
• Representing clients, conducting procedures at state agencies, and resolving problems during the procedure;
• Legal advice and answers to questions after being granted a Work Permit.

Above is all information about the work permit reissuance application. If you have any questions or need answers, please contact Viet An Law Firm to receive the best support. Best regards!