Re-issuance of work permit
01. Conditions for application
The cases in which the work permit is reissued
1. The unexpired work permit is lost, damaged or the contents stated in the issued work permit are changed
2. The work permit is still valid from 05 to 45 days.
02. Applicable laws
1. Labour Code 2012
2. Decree No. 11/2016/ND-CP implementing regulations of Labour Code on foreign workers in VIetnam Labour Code
3. Circular No. 40/2016/TT-BLDTBXH implementing Decree No. 11/2016/ND-CP
4. Decree No. 140/2018/ND-CP amending some articles of Decree No. 11/2016/ND-CP
Step 1: Prepare the following documents
- . The written request for the reissuance of the work permit made by the employer
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application.
- The issued work permit
- If the work permit is lost, it is required to submit a certification which is issued by the communal police agency of Vietnam or the competent authority of foreign country.
- If the contents of the work permit are changed, it is required to submit documents proving such change.
Step 2: Submit the file
If the work permit is re-issued in case the work permit is still valid from 05 to 45 days, the employer must submit the application for reissuance of the work permit to the Service of Labor, War Invalids and Social Affairs where the former work permit has been issued from 05 to 45 days before the work permit expires.
Step 3: Get result
- Within 03 working days from the day on which the sufficient application for reissuance of the work permit is received, the work permit shall be re-issued by the Service of Labor, War Invalids and Social Affairs. A written response and explanation shall be provided if the work permit is not re-issued.
- After the foreign worker mentioned in Point a Clause 1 Article 2 of this Decree is re-issued with the work permit, the employer and such foreign worker shall sign a written labor contract in accordance with the labor law of Vietnam before the day on which the foreign worker intends to continue the employment with the employer. Within 05 working days from the day on which the labor contract is signed, the employer shall send a copy of the signed labor contract to the Service of Labor, War Invalids and Social Affairs that re-issued such work permit.