IS IT REQUIRED FOR A FOREIGN LABOR TO CHANGE JOB TO REAPPLY FOR A WORK PERMIT?

07 Dec 2023

Foreign workers need to obtain a work permit (WP) – is a legal document that allows a foreign worker to work in Vietnam. The work permit must clearly state information about the employee, including: full name, passport number, date of birth, nationality, name and address of the working organization, and working position. So during working in Vietnam, does foreign employee need to re-apply for WP when changing job?

1. Working for the same employer but different job position

Pursuant to Point b, Clause 9, Article 9 of Decree 152/2020/ND-CP, a foreign worker who has been issued a work permit that remains valid and whose job assignment, job title or working form is changed compared to that stated in current his/her work permit but who still works for the previous employer, must apply for a new work permit with the requirements below:

• Application form to apply for a work permit;
• Proof as a manager, executive, expert, technical worker or other position;
• A document on approval of the demand for employment of foreign workers, unless it is not required to determine the demand for employment of foreign workers
• 02 photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos taken within 06 months from the date of application.
• Certified copy of passport or copy of passport certified by the employer
• Documents relevant to the foreign worker in Clause 8, Article 9 of Decree 152/2020/ND-CP

2. Same job postion but different employer

Pursuant to Point a, Clause 9, Article 9 of Decree 152/2020/ND-CP, a foreign worker who has been issued a work permit that remains valid and who wishes to work for another employer in the same job assignment and with the same job title as stated in his/her work permit, a dossier of application for a new work permit must comprise:

• The previous employer’s certification that the foreign worker is currently working;
• Application form to apply for a work permit;
• A document on approval of the demand for employment of foreign workers, unless it is not required to determine the demand for employment of foreign workers
• 02 photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos taken within 06 months from the date of application.
• Certified copy of passport or copy of passport certified by the employer
• Documents relevant to the foreign worker in Clause 8, Article 9 of Decree 152/2020/ND-CP

According to the above regulations, when foreign workers change their job position or move to another company, they must apply for a new work permit.