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Re-issuance of work permits for foreigners

03/12/2013 16:17:00
VGP - Decree 102/2013/ND-CP, dated September 5, 2013 detailing the implementation of a number of articles of the Labor Code on foreign employees working in Viet Nam (Decree 102).

Question: My company is currently employing some foreign experts working under labor contracts. Work permit of these people are going to expire at the end of this year. As far as I know new regulations on work permit took effect from November 1, 2013. I want to know whether the new regulations would affect the renewal of work permit in our company.

Answer:

The Government on September 5, 2013 issued Decree 102/2013/ND-CP detailing the implementation of a number of articles of the Labor Code on foreign employees working in Viet Nam (Decree 102). The Decree came into force as from November 1, 2013.

As stipulated in Article 14 of Decree 102, a dossier requesting the issuance of a WP, in the case of WP expires, must include the following:

  • Official letter of the Chairman of the People’s Committee at the level of centrally-controlled province or city where your company is located for approving the employment of foreign employees;
  • Official letter requesting the issuance of WP in accordance with regulations of the Ministry of Labor, Invalids and Social Affairs;
  • 02 color photographs (4cm x 6cm size, bare head, taken frontally, clear face and ears, without glasses, white background), taken within six months of the time of dossier filling;
  • Granted WP valid for at least five days but not more than 15 days; and
  • Certificate of health of the employee issued abroad or in Viet Nam in accordance with the Ministry of Health.

The most important change of the dossier requesting a re-issuance of WP in Decree 102 is to have a written approval from the Chairman of the provincial People’s Committee on the employment of foreign employees.

Decree 102 shortens the time of the employer’s request for re-issuance the WP for the employees from the previous 10 to 30 days of the expiry of a WP to at least five to 15 days of the expiry of WP.

The employer must file the request for re-issuance of a WP to the Department of Labor – Invalids and Social Affairs.

The time for consideration and settlement of the dossiers by the Department of Labor, Invalids and Social Affairs has also been shortened from ten working days to three working days from the date of receipt of the application for re-issuance of a WP, and after that time the Department of Labor, Invalids and Social Affairs will issue a WP. Upon the re-issuance of the WP, your company will sign a new labor contract with the employee before the employee is expected to continue to work.

A copy of the labor contract and the WP has been issued must be sent to the Department of Labor, Invalids and Social Affairs within five working days from the date the employment contract is signed. /.

By Huong Giang
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