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  3. CAN FOREIGNERS WORKING IN VIETNAM GET THEIR WORK PERMITS REISSUED IF THEY CHANGE THEIR PASSPORT NUMBERS?

CAN FOREIGNERS WORKING IN VIETNAM GET THEIR WORK PERMITS REISSUED IF THEY CHANGE THEIR PASSPORT NUMBERS?

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Submit:

Can foreigners working in Vietnam get their work permits reissued if they change their passport numbers?

According to Article 12 of Decree No. 152/2020/ND-CP, the following cases are eligible for reissuing work permits:

  1. The work permit is lost while still valid.
  2. The work permit is damaged while still valid.
  3. Changes in name, nationality, passport number, or workplace address stated in the valid work permit.

Based on this provision, foreigners working in Vietnam who change their passport numbers will be eligible to have their work permits reissued if the work permits are still valid.

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The application dossier for reissuing a work permit for foreigners working in Vietnam

The application dossier for reissuing a work permit for foreigners working in Vietnam includes the following documents:

(1) A written request for work permit reissuance from the employer, using Form No. 11/PLI in Appendix I issued with Decree No. 152/2020/ND-CP.

(2) 02 color photos (size 4 cm x 6 cm, white background, front view, without wearing colored glasses), taken within the last 06 months from the submission date.

(3) The valid work permit:

- In case the work permit is lost as per Article 12(1) of Decree No. 152/2020/ND-CP, there must be confirmation from the commune-level police agency where the foreigner resides or from the competent authority of the foreign country as per the law.

(4) A letter of approval for using foreign labor, except for cases where there is no need to specify the demand for using foreign labor.

(5) The documents specified in Article 3 and 4 of this Decree are either originals or certified copies, except for cases specified in Article 12(1) of Decree No. 152/2020/ND-CP. If the documents are from a foreign country, they must be legalized by the consulate and translated into Vietnamese, except for cases exempted from legalization based on international treaties to which Vietnam and the foreign country are parties or as per the law.

The process for reissuing work permits for foreigners working in Vietnam

The process for reissuing work permits for foreigners working in Vietnam is governed by Article 14 of Decree No. 152/2020/ND-CP:

Within 03 working days from the date of receiving a complete application dossier for work permit reissuance, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs shall reissue the work permit.

If the work permit cannot be reissued, a written response stating the reason must be provided.

How long is a work permit valid for foreigners working in Vietnam after being re-issued?

Regarding the validity period of the reissued work permit, Article 15 of Decree No. 152/2020/ND-CP stipulates:

The validity period of the reissued work permit is equal to the remaining validity period of the original work permit, minus the duration of the foreign worker's employment up to the time of the request for reissuance of the work permit.

For any questions or comments, please contact:

OTIS AND PARTNERS LAW FIRM

Office address: 2nd Floor, CT3 Building, Yen Hoa Park View Urban Area, No. 3 Vu Pham Ham Street, Yen Hoa Ward, Cau Giay District, Hanoi

Email: [email protected]

Hotline: 0987748111

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