Apply for work permit for foreigners to change work location

Apply for work permit for foreigners to change work location

The activity of foreigners entering Vietnam to work for businesses/agencies/organizations is no longer strange and Vietnamese law has also clearly regulated this issue. Besides the activity of foreigners entering to work, there are also activities such as foreigners changing their working positions. So, whether foreigners changing their working positions must apply for a work permit or not has been specifically regulated in Vietnamese law.

In the article below, Siglaw  would like to share in detail how to apply for a work permit for foreigners to change their working position.

Conditions for applying for a work permit for a foreigner who changes his/her work position

Vietnamese law has clearly stipulated cases where a work permit expires, including the case where “the content of the labor contract is not consistent with the content of the granted work permit” as stipulated in Clause 3, Article 156 of the 2019 Labor Code.

Thus, if a foreigner changes his/her work position, it means that some content in the labor contract has been changed. And the content of the work permit granted to the foreigner will no longer be consistent with the content of the labor contract. At this time, the work permit of the foreigner who changes his/her work position will no longer be valid and the foreigner must carry out procedures to issue a new work permit.

Thus, some conditions for applying for a new work permit for a foreigner who changes his/her work position can be drawn up specifically as follows:

• The foreigner’s work permit is still valid;
• Foreigners change their working position and do not change their employer;
• The working position for which the work permit is requested is different from the working position for which the work permit has been granted;

Procedures for applying for a work permit for a foreigner who changes his/her work position

Step 1: The foreigner or the enterprise/agency/organization sponsoring the foreigner prepares a complete and valid application for a new work permit for the foreigner who changes his/her work position. The application includes the following specific documents:

1. A certified copy of the passport that is still valid according to the provisions of law;
2. A request for a work permit from the employer (Form 11);
3. A work permit or a certified copy of the work permit that was issued when the foreigner had not changed his/her work position;
4. 02 color photos (size 4x6cm, white background, face looking straight, bare head, no colored glasses), taken within 06 months from the date of application submission;
5. A document approving the need to use foreign workers, except for cases where it is not necessary to determine the need to use foreign workers;
6. Documents and papers proving that you are a manager, executive director, expert, technical worker and some occupations and jobs are regulated as follows:

• Documents proving that you are a manager, executive director;
• Diplomas and certificates proving that you are an expert or technical worker;
• Diplomas issued by competent authorities that meet the requirements for qualifications of foreign language centers and information technology centers;
• Certificates of professional competence or certificates of recognition of professional competence issued to foreign crew members;
• Aircraft pilot licenses for foreign pilots or professional certificates that allow flight attendants to work on aircraft;
• Certificates of high achievements in the field of sports and confirmed for sports coaches or having other types of degrees;
• Certificates of professional qualifications in the field of aircraft maintenance for foreign workers working in aircraft maintenance;
• Documents proving the experience of foreign football players or international transfer certificates issued to foreign football players.

Step 2: Submit the application to the Department of Labor, War Invalids and Social Affairs of the province/city where the foreigner plans to change his/her working position or the Management Board of industrial zone, economic zones, and export processing zones where the enterprise’s head office is located. Within 05 working days from the date of receiving the complete and valid application, the competent authority will consider and issue a new work permit for the foreigner changing his/her working position.

Siglaw Law Firm

Phone: (+84) 961 366 238

Email:

• vphn@siglaw.com.vn
• vphcm@siglaw.com.vn

Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.

Southern branch: A9.05 BLOCK A, SkyCenter Building, 5B Pho Quang Street, Ward 2, Tan Binh District, Ho Chi Minh City, Vietnam.

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