How can foreign laborers re-grant their Vietnam work permit ?

What is Vietnam Work Permit?

A work permit or work visa is the permission for foreigners to take a job within a foreign country. Vietnamese government issued work permit and multiple entry business visa for foreigners who wish to work and stay in Vietnam for three months or more.

So who are eligible to apply for Vietnam Work Permit? Pursuant to the Decree No. 11/2016/ND-CP on February 03, 2016, Chapter 1, Article 2, almost all foreigners working in Vietnam must hold this type of document, but there also some exemption. Clauses 1 thru 9, Article 172 of the Labor Code No. 10/2012/QH13 ruled:

1. Capital-contributing members or owners of limited liability companies.

2. Members of the Board of Directors of joint-stock companies.

3. Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam.

4. Those who stay in Vietnam for under 3 months to offer services for sale.

5. Those who stay in Vietnam for under 3 months to deal with complicated technical or technological problems that adversely impact or are at risk of exerting adverse impacts on production and business activities and these problems cannot be handled by Vietnamese and foreign experts who are currently in Vietnam.

6. Foreign lawyers possessing a professional practice license in Vietnam in accordance with the Law on Lawyers.

7. It is in accordance with a treaty to which Vietnam is a contracting party.

8. Those who are studying and working in Vietnam, provided that the employer shall notify their employment to the provincial-level state management agency of labor 7 days in advance.

9. Other cases as stipulated by the Government.

When can foreigners re-grant Vietnam Work Permit?

On Article 13, section 4 of the Labor Code No. 10/2012/QH13, there are 2 cases that a work permit can be re-granted:

1. The valid work permit is lost or damaged, or has its contents changed, except the special cases.

2. The work permit remains valid for at least 5 days and at most 45 days.

What documents should you prepare to re-grant Vietnam Work Permit?

Foreigners who are under cases to re-grant Vietnam work permit need to prepare:

1. A written request for re-grant of a work permit, made by the employer according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. Two color photos (4 cm x 6 cm, white background, front facing, bareheaded, no glasses) taken within 6 months prior to the date of dossier submission.

3. The granted work permit

   1. If the work permit is lost, certification of a Vietnamese commune-level public security agency or of a competent foreign authority is required in accordance with law;

   2. If the work permit has its contents changed, papers proving such change are required;

   3. If the work permit remains valid for just between 5 days and 45 days, a health certificate issued by a competent foreign or Vietnamese health establishment within 12 months prior to the date of dossier submission and one of the papers specified in Clause 7, Article 10 of Decree No. 11/2016/ND-CP on February 03, 2016 are required;

   4. If the foreign worker’s work permit was granted under the Government’s Decree No. 102/2013/ND-CP of September 5, 2013, detailing a number of articles of the Labor Code regarding foreign workers in Vietnam, a paper proving his/her satisfaction of the requirements specified in Clause 3, 4 or 5, Article 3 of Decree No. 11/2016/ND-CP on February 03, 2016 is required.

4. All papers may be either copies enclosed with their originals for comparison or certified copies. If being made in a foreign language, they shall be exempted from consular legalization but be translated into Vietnamese and certified in accordance with Vietnamese law.

What is the process of re-granting Vietnam work permit?

Pursuant to Article 15 of the Decree No. 11/2016/ND-CP on February 03, 2016:

1. In case your current work permit remains valid for at least 5 days and at most 45 days, at least 5 days and at most 45 days before it expires, the employer shall submit a dossier of request for re-grant of a work permit to the provincial-level Department of Labor, War Invalids and Social Affairs that has granted such work permit.

2. Within 3 working days after receiving a complete dossier of request for re-grant of a work permit, the provincial-level Department of Labor, War Invalids and Social Affairs shall re-grant a work permit. In case of refusal, it shall issue a written reply clearly stating the reason.

3. After the foreign worker mentioned at Point a, Clause 1, Article 2 of the Decree No. 11/2016/ND-CP (Performing labor contracts) is re-granted a work permit, he/she and his/her employer shall sign a written labor contract in accordance with Vietnamese labor law before the date the foreign worker is expected to continue working.

Within 5 working days after the labor contract is signed, the employer shall send a copy of this contract to the provincial-level Department of Labor, War Invalids and Social Affairs that has re-granted the work permit.

Changes in Vietnam’s regulation on work permit 2020

The National Assembly of Vietnam has passed the New Labor Code and it will take effect from 1 January 2021. This New Labor Code is expected to give the labor authorities more power to control and review the status of foreign workers employed by/at Vietnamese employers. Let’s see what has been changed!

Work Permit Exemption Extended

A foreign national married to a Vietnamese citizen is now exempt from a work permit. Therefore, the immediate sponsor for visa/temporary resident cards for the foreign national could be changed from the Vietnam organization to the Vietnamese husband/wife of the foreign national. Regulations to be issued in due course should give guidance on this matter.

Foreign national owners or shareholding members of limited liability companies and shareholders being members of the board of directors of joint stock companies with a certain threshold of capital contributions are entitled to a work permit exemption. The government will provide further guidance on the threshold requirements in due course.

Revision of Ability to Renew Work Permits

The term for a work permit is up to two years and under the new regulations can only be renewed once for a further two-year term.

The above changes are important information that every foreign worker who is entitled to a work permit exemption, the ability to re-grant work permits needs to pay attention to.

*Due to the nature of continuous updates, the information in this article may change over time. To get the latest and most accurate information, please contact us for specific advice.

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