| Procedure | Procedure for issuance of Work Permit for foreign holders of expired or ineffective Work Permit who need to work for another employer in the same position registered in the old Work Permit (AP – level 2) |
| Process | Step 1: The business prepares dossier in accordance with the regulation, submits it at the Point of Single Contact (PSC or One-Stop-Shop).
Step 2: The PSC inspects the dossier and receives the complete and valid dossier. If the dossier is incomplete or invalid, the PSC shall guide the business to finalize it in accordance with the regulations.
Step 3: The business pays fee, gets a receipt and receive the results from the PSC on the date specified. |
| Where to submit | Point of Singe Contact, Hà Nội Industrial and Export Processing Zone Management Board (7-storey Building, CC02, Mỗ Lao Urban Complex, Mộ Lao Ward, Hà Đông, Hà Nội): Monday-Friday: 8.00 - 11.00 AM and 2.00 - 4.00 PM Saturday: 8.00 - 11.30 AM |
| Contents and number of the dossier | - Contents of the dossier:
a. A health certificate issued abroad or in Việt Nam in accordance with the regulations of the Ministry of Health within 180 days, from the date of submission of the dossier (The original);
a.1. Employment application form of the foreigner (Form No. 01, attached in Circular No. 31/2011/TT-BLDTBXH dated November 03, 2011 of the Ministry of Labor, Invalids and Social Affairs); the above Certificate in foreign languages, issued/notarized/certified by foreign agencies/organization, must be consularly legalized, translated into Vietnamese, notarized and certified as required by Vietnamese laws;
a.2. Three (03) color photos (size 3cm x 4 cm): bare head, front view, clear full face with ears, no glasses, white background, taken within 06 months before the date of submission of the dossier;
a.3. Issued Work Permit (or copy);
a.4. Documents evidencing the employers’ recruitment of Vietnamese employees working in positions intended for foreigners (for foreigners recruited under labor contracts);
Foreign employees, recruited through job centers administered by provincial/city-level labor authorities, are not required to present the aforementioned document evidence (enclosed with a copy of Labor Contract, Form No. 13 attached in Circular No. 31/2011/TT-BLDTBXH dated November 03, 2011 of the Ministry of Labor, Invalids and Social Affairs).
All foreign-language documents must be translated into Vietnamese, notarized or certified. The consular legalization of these documents must comply with Vietnamese laws.
- Number of the dossier: One (01) set. |
| Processing duration | |
| Objects | Organization |
| Competent agency | Ha Noi Industrial and Export Processing Zone Management Board |
| Outcome | Work Permit |
| Fee | 400.000 VND/new Work Permit |
| Form/Declaration | - Employer’s application for issuance of Work Permit (The original, Form 07 attached in Circular No. 31/2011/TT-BLDTBXH dated November 03, 2011 of the Ministry of Labor, Invalids and Social Affairs);
- Work Permit (Form 06 attached in Circular No. 31/2011/TT-BLDTBXH dated November 03, 2011 of the Ministry of Labor, Invalids and Social Affairs);
- Labor contract (Form 13 attached in Circular No. 31/2011/TT-BLDTBXH dated November 03, 2011 of the Ministry of Labor, Invalids and Social Affairs). |
| Other requirements | The employer must submit one (01) set of dossier applying for issuance of Work Permit at least 20 working days before the date when their foreigner employees start to work. |
| Legal basis | - Labor Code 1994 and Laws (2002, 2006, and 2007) amending and supplementing a number of articles of the Labor Code;
- Government’s Decree No. 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreign employees working in Việt Nam;
- Government’s Decree No. 46/2011/ND-CP dated June 17, 2011 supplementing a number of articles of Decree No. 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreign employees working in Việt Nam;
- Ministry of Finance’s Decision No. 54/2005/QD-BTC dated August 04, 2005 defining fee rates for granting Work Permits to foreigners working in Việt Nam;
- Circular No. 31/2011/TT-BLDTBXH dated November 03, 2011 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of the Government’s Decree No. 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreign employees working in Việt Nam and Decree No. 46/2011/ND-CP dated June 17, 2011 supplementing Decree No. 34/2008/ND-CP;
- Circular No. 13/2009/TT-BLDTBXH dated May 06, 2009 of the Ministry of Labor, Invalids and Social Affairs guiding the state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks;
- Decision No. 09/2009/QD-UBND dated January 09, 2009 of the Hà Nội People’s Committee on collection of fees for issuance of Work Permits for foreigners working in Hà Nội.
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