Procedures for work permits after expiring for foreign workers

Tóm tắt nội dung

I. General provisions

Foreign workers working in Vietnam are required to have a work permit as prescribed. However, the term of the work permit for foreigners issued is only valid for not more than 2 years and can expire when the employee terminates the labor contract with the employer or other cases according to provisions of law. Therefore, when the work permit of the foreign worker expires, the foreign worker and the employer must carry out the procedures for a work permit at a competent state agency.

Ii. Cases of termination of validity of work permits

–  The work permit expires.

–  The labor contract terminates.

–  The content of the labor contract is not consistent with the content of the granted work permit.

–  The contract in the field of business, trade, finance, banking, insurance, science and technology, culture, sports, education or medicine expires or terminates.

–  There is a written notice of the foreign side of the termination of sending of foreign citizens to work in Vietnam.

–  The work permit is revoked.

–  The enterprise, organization or partner in Vietnam or the foreign non-governmental organization in Vietnam ceases operation.

–  The foreign employee is sentenced to imprisonment, dies, or is declared to be dead or missing by a court.

Iii. Application for work permits

A foreigner wishing to do the same job under an expired work permit must submit a set of documents including:

–  An application form for a work permit;

–  A health certificate issued by a competent foreign or Vietnamese agency or organization within 12 months;

–  Criminal record issued by a competent Vietnamese or foreign agency within 6 months;

–  Certified copy of passport or valid document replacing passport or another valid international travel document;

–  Work permit or the foreigner’s work permit return receipt;

–  02 photos 4 cm x 6 cm;

–  A notarized copy of enterprise registration certificate;

–  The written approval of the labor demand of the Department of Labor, Invalids and Social Affairs where the employee works;

–  Other documents.

Iv. Procedures for applying for a foreign work permit

At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must submit a work permit application to the Department of Labor. – Invalids and Social Affairs where the foreign worker is expected to work.

Within 05 working days from the date of receipt of a complete application for a work permit, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign worker.

The fee for granting a work permit for foreigners in Ho Chi Minh City is 600,000 VND / work permit.