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3 issues regarding work permits for foreigners working in Vietnam.

1. Do I need to reapply for a work permit when changing jobs?

Pursuant to Article 12 Decree 152 / 2020 / ND-CP Regulations specify the cases in which foreigners can apply for the renewal of work permits, including:

  • My work permit is still valid but has been lost.
  • The work permit is still valid but damaged.
  • Change the surname and given name, nationality, passport number, and workplace location as stated in the valid work permit.

Therefore, according to the above regulations, When foreign workers change their workplace, they will have to apply for a new work permit.

Some issues regarding work permits for foreigners working in Vietnam.

2. If a foreigner works for two companies, do they need two work permits?

Based on Article 151 of the Labor Code, it is stipulated that:

Article 151. Conditions for foreign workers to work in Vietnam

  1. Foreign workers in Vietnam are those who are foreign nationals and must meet the following conditions:
    a) Must be 18 years of age or older and have full legal capacity;
    b) Possess professional, technical, vocational, and work experience; and have sufficient health as prescribed by the Minister of Health;
    c) Not a person who is currently serving a sentence, has not had their criminal record expunged, or is being prosecuted under foreign law or Vietnamese law;
    d) Possess a work permit issued by a competent state agency of Vietnam, except as stipulated in Article 154 of this Code.
  2. The term of an employment contract for foreign workers in Vietnam must not exceed the term of their work permit. When employing foreign workers in Vietnam, both parties may agree to enter into multiple fixed-term employment contracts.
  3. Foreign workers in Vietnam must comply with Vietnamese labor laws and are protected by Vietnamese law, except in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

At the same time, Clause 9, Article 9 of Decree 152/2020/ND-CP stipulates as follows:

9. Application dossier for work permit in certain special cases:

a) For foreign workers who have been granted a valid work permit and wish to work for a different employer in the same position and job title as stated in the work permit, the application for a new work permit shall include: a confirmation letter from the previous employer stating that the worker is currently employed, the documents specified in clauses 1, 5, 6, 7, and 8 of this Article, and a certified copy of the previously issued work permit;

b) For foreign workers who have been granted a valid work permit and change their job position, job title, or form of work as stated in the work permit in accordance with the law, but without changing the employer, the application for a new work permit shall include the documents specified in clauses 1, 4, 5, 6, 7, and 8 of this Article and the work permit or a certified copy of the previously issued work permit.”

Therefore, according to the regulations above, you are working for two companies, which are two independent legal entities and two employers. Consequently, the second company, when employing foreign workers, must go through the procedure of applying for work permits for those workers.

3. Penalties for failing to renew work permits/workers working without work permits.

  • For employees:

+ Fines ranging from 15.000.000 to 25.000.000 VND

+ Forced to leave the country or deported in accordance with the laws on entry, exit, transit, and residence of foreigners in Vietnam.

  • For employers:

+ A fine of VND 5.000.000 to VND 10.000.000 will be imposed for each employee in violation, but not exceeding VND 75.000.000 for employers who employ foreign workers in a manner inconsistent with the content stated in their work permits or documents confirming that they are not subject to work permit requirements.

+ The fine will be doubled for individuals, including: businesses established and operating under Vietnamese law, branches and representative offices of foreign businesses operating in Vietnam.

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3 issues regarding work permits for foreigners working in Vietnam.
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