Work permit reissuance service in Vietnam

In recent years, the number of foreign workers working in Vietnam has been increasing rapidly. To operate legally in Vietnam, foreign workers must have a Work Permit. In some cases, because the permit is damaged, lost, or has some content changed, foreign workers need to carry out procedures to have their work permit reissued. In this article below, Viet An Law will provide legal services related to work permit reissuance service 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, as amended and supplemented by Decree 70/2023/ND-CP.
• Decision 526/QD-LDTBXH on announcing newly issued administrative procedures, amending and supplementing employment fields within the scope of state management functions of the Ministry of Labor, Invalids and Social Affairs.

Work permit and duration of the work permit in Vietnam

What is a work permit?

A work permit is one of the conditions for foreign workers to work in Vietnam according to the provisions of Point d, Clause 1, Article 151 of the Labor Code 2019. Except for cases not subject to a work permit as prescribed in Article 154 of the Labor Code, foreign workers must have a work permit issued by a competent Vietnamese state agency.

Term of work permit

The maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 02 years. The term of a work permit is issued according to the term of one of the following cases:

• Term of the labor contract expected to be signed.
• Term of the foreign party which sends foreign workers to work in Vietnam.
• Term of contract or agreement signed between Vietnamese and foreign partners.
• Term of contract or service provision agreement signed between Vietnamese and foreign partners.
• Term is stated in the document of the service provider sending foreign workers to Vietnam to negotiate service provision.
• Term has been determined in the operating license of the agency, organization, or enterprise.
• Term in the document of the service provider sending foreign workers to Vietnam to establish a commercial presence of that service provider.
• Term in the document proving that the foreign worker is allowed to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam.
• Term in the written approval to use foreign workers, except in cases where a report explaining the need to use foreign workers is not required according to regulations.

Cases of reissuance of work permits

According to Article 12 of Decree 152/2020/ND-CP, as amended and supplemented by Decree 70/2023/ND-CP, cases of reissuance of work permits include:

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

The term of the reissued work permit under Vietnamese law

According to Article 15 of Decree 152/2020/ND-CP, as amended and supplemented by Decree 70/2023/ND-CP, the term of the reissued work permit is equal to the term of the reissued work permit minus the time the foreign worker has worked up to the time of request for reissuance of the work permit.

Application for reissuance of work permit in Vietnam

According to Article 13 of Decree 152/2020/ND-CP, as amended and supplemented by Decree 70/2023/ND-CP, the application file for reissuance of a work permit includes:

• 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.
• Power of Attorney for Viet An Law to conduct the procedure.
• A valid work permit has been issued:
• In case the work permit is lost, there must be confirmation from the commune-level police agency where the foreigner resides 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 proof documents in the dossier.

The issued valid work permit must be an original or a certified copy unless the valid work permit is lost. If it is from a foreign country, it must be consularly legalized and translated into Vietnamese. except for cases exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam and related foreign countries are members or according to the principle of reciprocity or according to the provisions of law.

Authority to reissue Work Permits

According to Article 14 of Decree 152/2020/ND-CP, as 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 reissues work permits.

Procedures for reissuance of work permit in Vietnam

The applicant applies directly or via postal service or applies to online public service (if any) to the Ministry of Labor, Invalids and Social Affairs (Department of Employment) or the Department of Labor, Invalids, and Social Affairs.

The order of execution

Step 1: Submit application.

• The person submits the application for reissuance of the work permit to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).
• Number of dossiers: 01 set of dossier.

Step 2: Receive and process the dossier.

Within 03 working days from the date of receiving complete dossiers requesting reissuance of the work permit, the Ministry of Labor, Invalids and Social Affairs (Department of Employment) will reissue the work permit. In case the work permit is not reissued, there will be a written response clearly stating the reason.

Fees and charges

• At the Ministry of Labor, Invalids and Social Affairs:
• At the Department of Labor, Invalids and Social Affairs: According to regulations in Circular 85/2019/TT-BTC guiding on fees and charges, fees for reissuing work permits This action falls under the deciding authority of the People’s Council of the province.

Some questions related to the work permit application service

When do I need to carry out the procedure to reissue a work permit?

The work permit is still valid but:

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

Does the application for reissuance of a work permit include a document approving the need to employ foreign workers?

According to new regulations in Decree 70/2023/ND-CP, this type of document has been abolished in the regulations on applications for the reissuance of work permits. Thus, when submitting your application, you only need to submit the following documents:

• Written request for reissue of work permit from the employer.
• 02 color photos, taken no more than 06 months before the date of application.
• A valid work permit has been issued.

Which agency has the authority to reissue Work Permits?

The Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs is the agency with the authority to reissue work permits. Thus, the applicant can submit the application directly or send it via postal service or submit the application via online public service (if available) to the Ministry of Labor, Invalids and Social Affairs (Department of Employment) or the Department of Labor, Invalids and Social Affairs (Department of Employment) or Department of Labo, Invalids and Social Affairs.

Work permit reissuance service in Vietnam of Viet An Law

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

If you have any related questions or need support with documents and procedures for reissuance Work Permits, please contact Viet An Law for the best support!