In the previous article, we have guided the implementation of work permit transfer procedure in the circumstance “The employee needs to work for another employer”. In this article, we will continue to guide foreign workers and employers to obtain the work permits in the case “The employee needs to change the job position/title/form of work”.

A- Condition

A foreign worker must meet the following conditions:

• Has been granted a work permit and it remains valid;
• Wishes to change the job position/title/form of work compared to the current job recorded in the work permit.

B- Order of execution

When fulfill the above conditions, the current employer takes the following steps to apply for a new work permit for foreign worker:

Step 1: Report explaining on changing demand for foreign workers

At least 30 days before the date the foreign worker is expected to be employed, the employer (except for the contractor) shall determine the demand for foreign workers and send a corresponding report to the Department of Labor, War Invalids and Social Affairs where the foreign workers are expected to work.

Within 10 working days from the date of receipt of a complete dossier, the Department of Labor – Invalids and Social Affairs will issue a written approval or disapproval of the employment of foreign workers for each job position.

Step 2: Apply for a new work permit

At least 15 days before the date on which a foreign worker starts to work, the employer shall submit an application for a work permit at the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.

Within 05 working days after receiving a duly completed application, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign worker or give a written reply, clearly stating the reason for not granting the work permit.

Step 3: Complete information on the employment of foreign workers

For foreign workers working under a labor contract, after being granted a work permit, the employer and the foreign worker must sign a new written employment contract (with the position/title/form of work recorded in the newly issued work permit) before the date the employee is expected to work.

Within 05 working days from the date of signing the employment contract, the employer must send it (an original or certified true copy) to the Department of Labor, War Invalids and Social Affairs that has issued the work permit.

General notes:

1. The application is submitted in person, online or by postal service, depending on the specific regulations from time to time of the Department of Labor, War Invalids and Social Affairs where the application is received.
2. The time limit for replying above is the time limit prescribed by Vietnamese law. However, it is necessary to consider the content of the decision to announce the list of specific administrative procedures of the Chairman of the provincial People’s Committee in each locality to look up accurate information about the time limit for handling this procedure and fees.
3. The time of filing in Step 1 and Step 2 above is the last time that the employer must submit the application to the Department of Labor – Invalids and Social Affairs. However, we recommend that employers prepare documents and submit them as soon as possible to ensure that the employment of foreign workers is carried out as planned, without any impact or delay.

C- Documents Checklist (Referral only)

C.1- For Step 1

1. The original of the written explanation of changes in the demand for the employment of foreign workers, made according to Form 02/PLI of Appendix I of Decree No. 152 2020/ND-CP.
2. Certified copy of Certificate of Business Registration or another document of equivalent value.
3. The original or certified copy of Authorization letter (in case the employer authorizes another person to carry out this procedure) or Letter of Introduction (proving that the applicant is an employee of the employer.

C.2- For Step 2

1. The original of the employer’s written request for a work permit, made according to Form No. 11/PLI, Appendix I issued together with Decree No. 152/2020/ND-CP.
2. Originals or certified copies Documents and papers proving that they are managers, executives, experts, technical workers and a number of occupations and jobs specified in Clause 4, Article 9 of Decree No. 152 /2020/ND-CP, consular legalized and certified translation into Vietnamese according to the provisions of Clause 10, Article 9 of Decree No. 152/2020/ND-CP.
3. 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application.
4. The original of the written approval of the need to employ foreign workers.
5. Certified copy of valid Passport as prescribed by law.
6. The originals or certified copies of documents related to foreign workers as prescribed in Clause 8 Article 9 of Decree No. 152/2020/ND-CP, consular legalized and certified translated into Vietnam according to the provisions of Clause 10, Article 9 of Decree No. 152/2020/ND-CP.
7. The original or certified copy of valid work permit issued.
8. The original or certified copy of Authorization letter (in case the employer authorizes another person to carry out this procedure) or Letter of Introduction (proving that the applicant is an employee of the employer.

D- Fees and charges

Fees are regulated by the Decision on publication of the list of administrative procedures issued by the Chairman of the People’s Committee of the province where the employer is headquartered in accordance with the provisions of Circular No. 02/2017/TT-VPCP.

In Ho Chi Minh City, this fee is applied according to Decision No. 311/QD-UBND dated January 21, 2022 of the Chairman of Ho Chi Minh City People’s Committee:

• Obtain the approval letter of determination of demand for foreign workers: No fee.
• Obtain the work permit: VND 600,000/work permit.

Thus, the procedure for work permit transfer when the foreign worker has a change in the employer or the job has been guided in the past two specific articles, we hope this will be helpful to you.

Contact us if you need further advice.

Note: This article is for informational purposes only and it is not a legal advice. The content of the article represents its own of TTVN Legal, it subject to change without prior notice..