HOW TO APPLY FOR REPLACEMENT WORK PERMIT IN VIETNAM

Pursuant to the new Decree No 11/2016/ND-CP issued on 3 February 2016 detailing on the implementation of Labor Code regarding to the foreign labor working in Viet Nam, if the current work permit within valid period is lost, damaged or the content of the work permit is changed, foreign workers must apply for a replacement one. The work permit reissued application dossier for foreign nationals must be submitted to the local Department of Labour and Social Welfare at least 5 days but less than 45 days before the expiry date of the current work permit. The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.

CASES ELIGIBLE FOR REPLACEMENT OF WORK PERMITS

1. Work permit within validity period is lost, damaged or content of the work permit was changed;
2. The work permit is valid for at least 05 days but not more than 45 days, it requires these following documents:

REQUIRED DOCUMENTS FOR REPLACEMENT OF A WORK PERMIT

1. Request for reissuance of a work permit from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs;
2. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date;
3. For work permit already issued, in case:

a) The work permit is lost, confirmation by the commune-level police department of Viet Nam or foreign competent authority in accordance with the law of Vietnam shall be required;

b) Content in the work permit is changed, documents of evidence shall be required;

c) The work permit is valid for at least 05 days but not more than 45 days, it requires a health certificate or medical examination certificate as stipulated under Clause 2 of Article 10 (including: Health certifiacate or medical certificate issued by a competent foreign or Vietnamese health care agency or organization valid for 12 months from the date of signing to the application date) and one of the documents relating to the foreign worker specified in Clause 7 of Article 10 of the new Decree No 11/2016/ND-CP issued on 3 February 2016:

d) The work permit has been issued for the foreign worker pursuant to Decree No. 102/2013/ND-CP dated September 5, 2013 of the Government detailing the implementation of some articles of the Labor Code on foreign workers in Viet Nam, documents of evidence to prove eligibility for requirements stipulated in Clause 3 or 4 or 5 of Article 3 of this Decree shall be required

VIETNAM WORK PERMIT – EXEMPTED CASES FOR FOREIGNERS

Foreigners enter Vietnam to work are required a work permit, except these following cases:

1. Foreigners work in Vietnam shorter than 03 months;
2. Foreigners are the members of a limited liability company with two members or more;
3. Foreigner who owned a limited liability company with a member (except an authorized representative);
4. Foreigners who are the Board of Directors members of the joint-stock company;
5. Foreign workers entering Viet Nam to provide services;
6. Foreigners enter Vietnam for 03 months to handle emergency problems such as incidents, technical situations, arising complex technologies that affect or likely to affect production, business that Vietnamese experts or foreign experts currently in Vietnam cannot handle. If the time for the said matters is more than 03 months, they have to apply for a work permit.

WHAT WILL GO WRONG?

The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.

If employers employ any foreigner without a work permit, with an outdated one, or without confirmation issued by the competent authority of work permit exemption, the employers will be subject to penalty ranges as follows:

•     VND30 million to VND45 million for up to 10 foreign workers
•     VND45 million to VND60 million for 11 to 20 foreign workers
•     VND60 million to VND 75 million for over 21 workers.

Employers could also be suspended from operating for up to three months if the violation is serious enough.

OTHER INFORMATION RELATED TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD

• How To Apply Work Permit In Viet Nam
• How To Apply Work Permit Extension
• How To Apply For Vietnam Visa On Arrival
• How To Apply For Visa Extension In Vietnam
• How to apply for Extension of Temporary Residence Card
• Procedures For Lost Vietnam Temporary Residence Card
• Vietnam Temporary Residence Card For Foreigner's Relative
• Who Can Get Vietnam Temporary Residence Card

For further information please contact:

Discovery Indochina Travel Co., Ltd
5th Floor | Avenis Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359  Mobile: 0938228856 | 0906640505

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