Content Summary
A work permit is a legal document that ensures the conditions for a foreign work legally in Vietnam. It is an important legal document for foreign workers, so in case it is lost, damaged or, simply the employee wants to change the information, the employee must apply for a re-issue of work permit. What is the procedure for re-granting a work permit? What does the application for re-issuance include? In this article, AZLAW will present an overview of the re-issuance of work permits for foreign workers.
Cases of re-issuance of work permits
According to the provisions of Article 12 of Decree No. 152/2020/ND-CP, the following cases will have to apply for a work permit again:
The valid work permit is lost.
The valid work permit is damaged.
Change of last name and name, nationality, passport number, working location stated in the valid work permit.
Procedure for re-issuance of work permit
Step 1: The employee informs the employer about the need to re-issue the work permit
After the employee discovers that the work permit is lost, damaged or the information on the work permit has been changed such as full name, date of birth, nationality, passport number, passport issuance date, working location, the foreign worker is responsible for reporting to the employer.
Step 2: Prepare the application for re-issuance of the work permit
In this step, the employer and the employee will prepare a completed set of documents mentioned in the profile section below.
Step 3: The employer applies for re-issuance of the work permit
If the employer receives a report from the foreign worker that the work permit is lost or damaged or the information on the work permit is changed, the employer must submit a dossier to the provincial labor management agency where the work permit has been issued to re-issue the work permit to the foreign worker.
Step 4: The state agency re-issues the work permit
Within 03 working days from the day receiving the complete application for re-grant of a 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 of refusal to re-issue the work permit, a written reply clearly states the reason.
Dossier of application for re-issuance of a work permit
To apply for a work permit re-issuance, the employer and the foreign worker need to prepare the following documents:
- The employer’s written request for re-grant of a work permit, made according to Form No. 11/PLI, Appendix I issued together with Decree No. 152/2020/ND-CP.
- 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos were taken within 06 months from the date of application.
- Granted valid work permit:
- a) In case the work permit is lost as prescribed in Clause 1, Article 12 of Decree 152/2020/ND-CP, it must be certified by the commune-level police agency where the foreigner resides or competent authority of foreign rights as prescribed by law;
- b) In case of a change of contents written on the work permit, there must be proof.
- Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.
- Papers specified in Clauses 3 and 4 of this Article are originals or certified copies, except for the cases specified in Clause 1, Article 12 of this Decree. If they are foreign, they must be consular legalized and translated. Vietnamese language except for cases of exemption 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 under the provisions of the Socialist Republic of Vietnam. law
Term of re-issued work permit
The term of the re-issued work permit is equal to the term of the issued work permit minus the time the foreign worker has worked up to the period of applying for the re-issuance of the work permit.
Thus, AZLAW has introduced all information about the re-issuance of work permits for foreigners in Vietnam, including documents, procedures, and deadlines. If you want advice on the re-issuance of a work permit or use the service of applying for a work permit at AZLAW, please don’t hesitate to contact us at Hotline: 0987.748.111 or email: info@azlaw.com.vn.
With many years of experience in the field of work permits, our work permit service will surely make you satisfied.
