Tiếng Việt
Work permit transfer in Vietnam is a procedure for granting new work permits when foreign workers change jobs in Vietnam and belongs to one of the following special cases: (1) The foreign worker wishes to work for another employer; (2) The foreign worker wishes to change the job position/title/form of work.
For these two special cases, the application file for a new work permit has a different composition from the application file for a normal work permit. Therefore, in this article, we will guide how to obtain the work permit transfer in case (1): The foreign worker wishes to work for another employer.
A- Regarding the Conditions for Obtaining a Work Permit
To apply for a new work permit under this special procedure, a foreign worker must meet the following conditions:
- Has been granted a work permit and it remains valid;
- Wishes to work for another employer and is approved by the current employer;
- Expected work for the new employer at the same position and job title in the existing work permit.
B- The sequence to execute a work permit transfer
When meeting the above conditions, new employer wishing to recruit foreign worker shall take the following steps to apply for a new work permit:
Step 1: Determination of demand for foreign workers
At least 30 days before the date on which foreign workers are expected to be employed, the employer (except 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 after receiving a completed 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 working 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
After being granted a work permit, the employer and the foreign worker must sign a written employment contract as per the Vietnam’s labor law before the date the foreign worker is expected to work.
Within 05 working days from the date of signing the labor contract, the employer must send the signed employment contract (an original or certified true copy) to the Department of Labor, War Invalids and Social Affairs that issued that work permit.
General notes:
- 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.
- 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.
- The time of filing in Step 1 and Step 2 above is the last time that the employer must submit the application to the competent authority. 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
- The original of the written explanation of the need to employ foreign workers, made according to Form No. 01/PLI or the written explanation of change 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.
- Certified copy of Certificate of Business Registration or another document of equivalent value.
- 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
- 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.
- 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.
- The original of the written approval of the need to employ foreign workers.
- Certified copy of valid Passport as prescribed by law.
- 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.
- The original of the previous employer’s confirmation that the employee is currently working.
- Certified copy of valid work permit issued.
- 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.