August 21, 2020
Detailed Guide About Vietnam Work Permit For Foreigners
A work permit is an important document that foreigners should have when taking up jobs in Vietnam for more than 3 months. The employer must apply it 15 days prior to the start of the foreign worker’s employment in the country. But what happens when the permit is lost? Will a passport be required to claim the permit? Below are the answers to some of the most common questions regarding the issuance of a work permit in Vietnam.
How to Request for a Replacement of a Lost Work Permit?
If the work permit has been lost, the applicant can request a replacement in order for the permit to be issued again. In this case, the applicant will be required to submit the following:
1. A written request asking for the re-issuance of the work permit by the employer in accordance with the regulations stipulated by the Ministry of Labor of Vietnam.
2. Two copies of colored photos must be submitted. The size of the photos should be 4 cm x 6 cm. They must have a white background and the applicant’s face should be clearly displayed. The photos must be recent or taken in the past six months.
3. When the new work permit is issued, the following condition will apply:
If the work permit got lost under the provisions stated in Clause 1, Article 13, the document must be certified at the police agency of Vietnam, at the commune level. It can also be certified by a foreign agency according to Vietnam Law.
4. A photocopy of the document that was specified in Clause 3 should be submitted along with the original copy in order for verification. If the document is in a foreign language, it should be translated to the Vietnamese language and must be certified, in accordance with the provisions of Vietnamese law. According to the provision, if the work permit got lost, applying for a re-issuance of the permit will require a certification from a local police agency or from a foreign competent agency.
Is the Passport Required for the Re-issuance of Work Permit?
For work permits that were valid for at least 5 days but not more than 45 days, and it’s going to expire within 15 days, the applicant should prepare the following requirements before proceeding with the request:
1. A written request asking for the re-issuance of the work permit by the employer according to the regulations set by the Ministry of Labor.
2. Two colored photos, with a size of 4 x 6 cm. The photos must be taken in a white background and are only within 6 months old.
3. Once the work permit is issued, the following conditions apply:
If the lost work permit is valid for at least 5 days but not more than 45 days as stated in Clause 2, a health certificate will be required.
4. The document stated in Clause 3 must be submitted in both the original and photocopy. This is required for comparison. If the document has a foreign language, it does not need consular legalization, however, it should be translated to the Vietnamese language, in accordance with the Law of Vietnam.
Therefore, when re-issuing the work permit, it is no longer necessary to attach a copy of the passport of the foreign employee.
When Will the Work Permit Expire?
According to Article 174 of Vietnam’s Labor Code, the work permit will expire under the following conditions:
- When the actual expiration date of the permit comes.
- After the labor contract is terminated.
- If the contents stated in the labor contract are not consistent with the contents of the work permit that has been issued.
- When the contracts in the field of trade, economics, finance, insurance, banking, culture, education, sports, and health have been terminated or have expired.
- A written notice from a foreign entity was sent requesting for the termination of the work of the foreign worker in Vietnam.
- When the work permit is revoked.
- If the Vietnamese company, organization, or partner of the NGO in Vietnam has ceased its operation.
- The foreign employee has been convicted of a crime and was sent to prison, dies, or has been declared by the court as missing.
When any of these following conditions happen, the work permit will immediately be invalidated from the date that the company terminates the employment contract of the worker.
Fees and Deadline of Vietnam Work Permits
The application of work permit in Vietnam must be submitted to Vietnam’s Dept. of Labor, War Invalids, and Social Affairs of the place where the organization or enterprise’ head office is located.
The following fees apply for Vietnam Work Permits:
- Issuance of work permit – 400,000 VND
- Re-issuance of work permit – 300,000 VND
- Extension of work permits – 200,000 VND
The validity of the work permit will be in accordance with the term of the labor contract. It will be terminated under the decision of the foreign entity that sent the foreign worker to Vietnam for work. However, validity must not exceed 36 months.