Procedures for revoking work permits in Vietnam

Procedures for revoking work permits in Vietnam. Cases of work permit revocation? How are the procedures for revoking a Work Permit carried out? Revocation of work permit is a procedure that must be done when a foreigner quits his job or changes companies. The enterprise will return the Work Permit to the issuing agency within 15 days.

Below are the specific provisions of the law on Work Permit revocation procedures that the National Security Law shares. We invite you to take a look. 

Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact VietnamContact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

Facebook fan page : https://www.facebook.com/luatquocbao

Gmail: luatquocbao.vn@gmail.com

Legal grounds

– Labor Code 2019.

– Article 20, Decree 152/2020.

Cases of work permit revocation?

According to the provisions of Article 20 of Decree 152/2020/ND-CP , there are up to 9 reasons why foreign workers revoke their work permits in Vietnam, which are:

1 – Work permit has expired.

2 – Terminate the labor contract.

3 – The content of the labor contract is not consistent with the content of the issued work permit.

4 – Working inconsistently with the contents of the issued work permit.

5 – Contracts in the fields that are the basis for giving rise to expired or terminated work permits.

6 – There is a written notice from the foreign party to stop sending foreign workers to work in Vietnam.

7 – Vietnamese enterprises, organizations, partners or foreign organizations in Vietnam that employ foreign workers terminate their operations.

8 – Employers or foreign workers do not comply with the regulations in Decree 152/2020/ND-CP.

9 – Foreign workers do not comply with Vietnamese law while working in Vietnam, affecting security, order and social safety.

Thus, if falling into one of the above cases, the foreign worker will definitely have his/her Work Permit revoked.

How are the procedures for revoking a Work Permit carried out?

Pursuant to Article 21 of Decree 152/2020/ND-CP, depending on each case, the procedure for revoking work permits will be carried out as follows:

* Case (1), (2), (3), (4), (5), (6), (7):

Step 1: The employer revokes the foreign worker’s Work Permit.

Step 2: Submit the application to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the work permit.

– Profile include:

+ Work permit for foreigners.

+ Document clearly stating the reason for revocation, in case of revocation of Work Permit.

– Deadline for submission: 15 days from the date the Work Permit expires for the reasons in cases (1), (2), (3), (4), (5), (6), (7 ).

Step 3: Receive written confirmation that your Work Permit has been revoked.

Resolution time: Within 05 working days from the date of receiving the revoked work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written confirmation Revoked the Work Permit and sent it to the employer.

* Case (8), (9):

Step 1: The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the Work Permit issues a decision to revoke and notify the employer.

Step 2: The employer revokes the foreign worker’s Work Permit.

Step 3: The employer submits the Work Permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the permit.

Implementation time: 03 days from the date the competent authority revokes the Work Permit.

Step 4: The employer receives a written confirmation that the Work Permit has been revoked.

Resolution time: Within 05 working days from the date the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs receives the revoked Work Permit.

What is the application file for a work permit?

Pursuant to Article 13 of Decree 152/2020/ND-CP regulations on work permit application documents as follows:

– Written request for reissuance of work permit by the employer according to Form No. 11/PLI Appendix I issued with this Decree.

– 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.

– A valid work permit has been issued:

+ In case the work permit is lost as prescribed in Clause 1, Article 12 of this Decree, there must be confirmation from the commune-level police agency where the foreigner resides or a competent foreign agency according to regulations. under the law;

+ In case of changing the content written on the work permit, there must be supporting documents.

– Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.

– Documents specified in Clauses 3 and 4 of this Article are originals or certified copies, except for the case specified in Clause 1, Article 12 of this Decree. If they are from a foreign country, they must be consularly legalized and translated. Vietnamese language except in cases exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam and related foreign countries are members or according to the principle of reciprocity or according to the provisions of law.

Meaning of returning Work Permit

Returning the Work License when a foreigner quits his job is an important administrative procedure. Especially in cases where foreigners commit violations when temporarily residing and working in Vietnam.

Returning the Work Permit means terminating the labor relationship with the foreigner. This procedure will help businesses avoid many troubles and other legal procedures in the future.

Return the Work Permit to terminate the guarantee responsibility. After the work permit has been revoked, the business will usually carry out procedures to apply for an exit visa for foreigners. At that time, the company’s guarantee responsibility will also end when the foreigner leaves Vietnam.

Procedures for revoking and returning work permits are intended to facilitate the management of foreign workers.

Procedure for revocation of Work Permit

* Legal grounds

– Article 21, Decree 152/2020

Implementation time: Within 15 days from the date the work permit expires.

Place of implementation: Provincial state management agency, which previously issued the Work Permit.

Enterprises must collect work permits from foreigners and submit them to state agencies. In case it cannot be revoked, the reason must be clearly stated in the document.

Issue work permits to new employees after revocation

This is the case where after returning the work permit, the term of the official letter approving the position is still valid. At that time, the company can carry out procedures to issue work permits to other foreigners.

The term of the new work permit is equal to the remaining term of the official letter approving the labor position. And of course, it will be extended according to regulations.

The dispatch to return the work permit will be made directly by the employer. The dispatch form will include the following information:

– Dear work permit issuing agency (Department of Labor or Management Board…)

– Business information: company name, address, phone number, tax code…

– Reason for the official letter returning the work permit, for example: ending the labor contract, etc.

– Information of foreign workers (including information recorded on the work permit such as: work permit number, full name, gender, date of birth, nationality, passport number, place of work, workplace address, job position, working form, job title, working term (from day to day),…

– Business representative signs and stamps; dispatch time, dispatch number

The sample work permit return letter contains more detailed and clearer information so it will be easier to receive by the authorities.

Previously, employers (enterprises, companies, agencies, organizations, etc.) needed to create a sample work permit return letter when ending the labor contract with foreign workers. But now, employers may or need to do this anymore, because when the foreign worker ends the labor contract, the work permit will expire. In case the work permit is still valid but the labor contract is discontinued, the enterprise will usually send a decision to terminate the labor contract and send an official dispatch reporting the situation of foreign workers at the enterprise to the authorities. , therefore, the revocation and issuance of a dispatch to return the work permit may or may not be necessary.

Many people mistake the work permit return dispatch as a decision issued along with the work permit when the agency issues a work permit to foreign workers. However, in reality, the work permit return dispatch here is a document notifying the authorities about the termination of the labor contract and revocation of the foreign worker’s work permit.

Depending on each case and situation, the employer may or may not issue a dispatch to return the work permit to the authorities. Please contact Quoc Bao Law immediately for further advice and support if you want to learn more about this issue.

Consulting services on Work Permits for foreigners

Quoc Bao Law specializes in consulting on services for foreigners. Regarding work permits, we support and provide the following services:

• Service to renew labor license
• Labor license renewal service
• Service of reissuing labor license
• Please confirm exemption from work permit
• Support in making criminal records
• Support legalization of Experience Confirmation, University Degree
• Support consulting on labor contracts with foreigners

Work permit consulting services for foreigners is an important area to ensure foreigners can work in a foreign country legally. Below is a description of this service:

1. **Consulting on regulations and procedures:** Work permit consulting services for foreigners begin with providing information on regulations and procedures related to applying for a work permit action in a particular country. This includes documentation requirements, deadlines, and prerequisites .
2. **Application Review:** This service usually includes a review of the foreigner’s application to ensure that the required documents and information have been fully and accurately prepared.
3. **Guidance and planning:** Consulting services will guide foreigners on the specific steps to take to apply for a work permit, including document collection and eligibility verification their law. They will also schedule time to ensure that the application is submitted on time.
4. **Representation and application submission:** Consulting services can represent foreigners during the application process and communication with authorities. This ensures that all procedures are carried out properly and according to regulations.
5. **Monitoring and updating:** After the work permit is issued, the consulting service can continue to monitor progress and update information related to the permit, especially in cases where need extension or change.

Work permit consulting services for foreigners help ensure that foreigners can work legally in the target country they want to work in and reduce legal risks.

Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact VietnamContact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

Facebook fan page : https://www.facebook.com/luatquocbao

Gmail: luatquocbao.vn@gmail.com