_w1347_h489_c.jpg)
_w412_h150_c.jpg)
Issuing new work permits for foreign nationals in specific cases in Vietnam
According to current regulations, there are special cases that allow for issuing new work permits in Vietnam, reducing the required procedures. Depending on the specific case, you may need to carry out the recruitment procedure, report and explain the approval of the need to use foreign labor accordingly before applying for a work permit.
Case 1: For foreign workers who have been granted a valid work permit and wish to work for a different employer, or a different enterprise, in the same job position and job title as stated in the previous work permit, the application for a new work permit with the new employer shall include the following documents:
- A certificate from the previous employer confirming that the worker is currently employed.
- A certified copy of the previously issued work permit.
- An application for a work permit by the employer, following Form No. 11/PLI, Appendix I.
- Two color photographs (4 cm x 6 cm, white background, frontal view, bare-headed, no tinted glasses), taken within the last 6 months.
- A document approving the demand for foreign workers, except in cases where there is no need to determine the demand for foreign workers.
- A certified copy of the passport or a certified copy of the passport certified by the employer, valid according to law.
- Only one of the following documents related to the foreign worker is required:
- Documents proving internal company transfer are documents from a foreign enterprise sending an employee to work at its commercial presence in Vietnam, and documents proving that the foreign employee has been employed by that foreign enterprise for at least 12 consecutive months prior to working in Vietnam.
- Documents proving the execution of economic, commercial, financial, banking, insurance, scientific, technological, cultural, sports, educational, vocational and medical contracts or agreements with a new enterprise in Vietnam. Also known as contracts or agreements signed between Vietnamese and foreign partners, which must include an agreement on the foreign employee working in Vietnam.
- Documents proving the role of a service provider under a contract are a service provision contract signed between Vietnamese and foreign partners and a document proving that the foreign employee has worked for a foreign enterprise without a commercial presence in Vietnam for at least 2 years.
- Offering services is a document of the service provider sending a foreign worker to Vietnam to negotiate the provision of services.
- Working for a foreign non-governmental organization or an international organization operating in Vietnam in accordance with Vietnamese law is a document from the sending agency or organization of the foreign employee to work for a foreign non-governmental organization or an international organization in Vietnam (except in cases of employment contracts) and the operating license of the foreign non-governmental organization or international organization in Vietnam as prescribed by law.
- Managers, executive directors, experts, and technical workers are documents from a foreign agency, organization, or enterprise sending a foreign employee to work in Vietnam and are suitable for the intended position and must have documents proving that they are managers, executive directors, experts, and technical workers.
Transfer of employees from one company to another
Case 2: For foreign workers who have been granted a valid work permit and wish to change their job position, job title, or form of work as prescribed by law but do not change their employer (continue working for the same company that issued the work permit), the application issuing new work permits in Vietnam shall include the following documents:
- Original or certified copy of the issued work permit.
- Employer's application for a new work permit on Form No. 11/PLI, Appendix I.
- Documents proving the worker's status as a manager, executive, expert, technical worker, or other professions as prescribed by regulations.
- Two color photographs (4 cm x 6 cm, white background, front view, bareheaded, no dark glasses), taken within the last 6 months.
- Approval document for the demand for foreign workers, except in cases where determining the demand for foreign workers is not required.
- Certified copy of the passport or a certified copy of the passport validated by the employer, valid as prescribed by law.
- Only one of the following documents related to the foreign worker is required:
- Internal Transfer within the Enterprise: A document issued by a foreign enterprise, evidencing the transfer of an employee from its commercial presence in Vietnam to another of its entities. Additionally, a document proving that the foreign employee has been employed by the foreign enterprise for at least 12 consecutive months prior to working in Vietnam.
- Economic, Commercial, Financial, Banking, Insurance, Scientific, Technological, Cultural, Sports, Educational, Vocational Training, and Medical Contracts or Agreements: Documents evidencing the execution of various economic, commercial, financial, banking, insurance, scientific, technological, cultural, sports, educational, vocational training, and medical contracts or agreements with a new enterprise in Vietnam. These contracts or agreements must include an agreement regarding the foreign employee's work in Vietnam.
- Service Provider under a Contract: A service provision contract signed between a Vietnamese and a foreign partner, along with a document proving that the foreign employee has worked for a foreign enterprise without a commercial presence in Vietnam for at least two years.
- Offering services is a document of the service provider sending a foreign worker to Vietnam to negotiate the provision of services.
- Working for a Foreign Non-Governmental Organization or International Organization: A document issued by the sending organization or agency, evidencing the assignment of a foreign employee to work for a foreign non-governmental organization or international organization in Vietnam (excluding cases involving employment contracts), along with the operating license of the foreign non-governmental organization or international organization in Vietnam as prescribed by law.
- Manager, Executive, Expert, or Technical Worker: A document issued by a foreign organization or enterprise, evidencing the assignment of a foreign employee to work in Vietnam and matching the intended position. The document must include proof that the employee is a manager, executive, expert, or technical worker.
A worker changes their position or job title
Case 3: For foreign experts or technical workers who have been granted a work permit and have had it extended once and who wish to continue working in the same position and job title as stated in the work permit (meaning a second renewal), the application for issuing new work permits in Vietnam shall include:
- A copy of the previously issued work permit.
- A health certificate or medical examination certificate issued by a competent health agency of a foreign country or Vietnam, valid for 12 months from the date of the health conclusion to the date of submission of the application, or a certificate of good health as prescribed by the Minister of Health.
- An application for a work permit from the employer as per Form No. 11/PLI, Appendix I.
- Two color photos (4 cm x 6 cm, white background, front view, bareheaded, no glasses), taken no more than 6 months prior to the date of submission.
- A document approving the demand for the use of foreign workers, except in cases where it is not necessary to determine the demand for the use of foreign workers.
- A certified copy of the passport or a copy of the passport with the employer's confirmation, valid in accordance with the law.
- Only one of the following documents related to the foreign worker is required:
- Document proving internal movement within the enterprise, which is a document of the foreign enterprise sent to work at the commercial presence of that foreign enterprise in Vietnam and a document proving that the foreign worker has been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months.
- Document proving the implementation of various economic, commercial, financial, banking, insurance, science and technology, culture, sports, education, vocational education and health contracts or agreements with a new enterprise in Vietnam. Also known as a contract or agreement signed between the Vietnamese and foreign partners, which must include an agreement on the foreign worker working in Vietnam.
- Document proving that it is a service provider under a contract, which is a service contract signed between the Vietnamese and foreign partners and a document proving that the foreign worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least 2 years.
- Offering services is a document of the service provider sending a foreign worker to Vietnam to negotiate the provision of services.
- Working for a foreign non-governmental organization, an international organization in Vietnam that is permitted to operate under Vietnamese law. This is a document of the agency, organization sending a foreign worker to work for a foreign non-governmental organization, an international organization in Vietnam (except in cases of implementing a labor contract) and a license to operate of the foreign non-governmental organization, an international organization in Vietnam as prescribed by law.
- Managers, directors, experts, and technical workers are documents of foreign agencies, organizations, and enterprises sending foreign workers to work in Vietnam and suitable for the intended position and must have documents proving that they are managers, directors, experts, and technical workers.
Issuing new work permits in Vietnam for a second time
Please carefully review all relevant documents to ensure eligibility for the new work permit issuance in the aforementioned special cases. Remember that all foreign-language documents must be legalized, translated into Vietnamese, and certified copies must be attached.
Inbound Vietnam has successfully completed these procedures for our personnel. Our team of experienced consultants has over 10 years of expertise in foreign labor in Vietnam. We not only provide accurate, simple, and convenient information but also offer in-depth solutions for foreign personnel recruitment processes, from job posting to demand reporting, helping clients optimize management costs and reduce time spent on recruitment and management of foreign personnel in Vietnam.
For consultation, please contact us at the following addresses:
• Hanoi: No. 16 Nguyen Van Ngoc, Cong Vi Ward, Ba Dinh District
• Ho Chi Minh City: Floor 8, Loyal Building, No. 151 Vo Thi Sau, Vo Thi Sau Ward, District 3
Our 24/7 national hotline 19000039 is available for consultation both during and outside office hours. You can also contact our specialized departments for support.
