IF A PASSPORT IS ABOUT TO EXPIRE, IS IT POSSIBLE TO BE GRANTED A WORK PERMIT?
QUESTION
Dear TLK Law Firm, I currently have questions and hope to hear from you as follows: I am a Thai citizen preparing to go to Vietnam to export labor. According to my understanding of Vietnamese law, in order to work legally, you need a work permit. However, my passport has 2 months left to expire. I don't know if my passport is about to expire, can I get a work permit? I am not clear about the provisions of Vietnamese law on issuing work permits? Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. Is applying for a work permit complicated? What documents are needed?
2. In what cases are foreign workers not subject to a work permit?
3. Quick service for applying for an international travel business license
Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
2. Law on exit and entry of Vietnamese citizens No. 49/2019/QH14 passed by the National Assembly on November 22, 2019;
3. Decree 70/2023/ND-CP passed by the Government on September 18, 2023 amending Decree 152/2020/ND-CP regulating foreign workers working in Vietnam;
4. Decree No. 152/2020/ND-CP passed by the Government on December 30, 2020 regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working foreigners in Vietnam;
5. Other legal documents provide relevant guidance.
CONSULTATION CONTENT
A valid passport is one of the important identification documents for individuals when working abroad. It is also one of the important legal bases for being granted a work permit by a competent state agency to ensure legal rights when working in Vietnam. However, can an expired passport get a work permit? This is a question that many customers sent to TLK Law Firm.
Therefore, through this article, we will answer your questions about "If a passport is about to expire, is it possible to be granted a work permit?".
Photo 1. If a passport is about to expire, is it possible to be granted a work permit?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO EXPIRING PASSPORTS WHEN ISSUING WORK PERMITS
1. What is a passport?
A passport is a document issued by the government to citizens, allowing people to leave their country and enter the country when returning from abroad. A passport is considered a type of proof of identity of an individual when in the territory of a country of which he or she is not a citizen.
Pursuant to the Law on Exit and Entry of Vietnamese Citizens 2019, a passport is a document owned by the State, issued by a competent Vietnamese agency to Vietnamese citizens for use when exiting or entering the country, proof of nationality and identity.
2. What are the documents required to obtain a work permit?
Pursuant to Decree No. 152/2020/ND-CP, to be granted a work permit, you need to prepare the following papers and documents:
(1) Written request for a work permit from the employer according to Decree 70/2023/ND-CP form. In case a foreign worker works for an employer in multiple locations, the work permit application must fully list the work locations.
(2) Health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months from the date of signing the health conclusion until date of submission of application or certificate of good health according to regulations of the Minister of Health;
(3) Criminal record card or document certifying that the foreign worker is not serving a sentence or has not had his or her criminal record erased or is being prosecuted for criminal liability abroad or in Vietnam no more than 06 months from the date of issue to the date of application submission;
(4) Documents and documents proving that you are a manager, executive director, expert, technical worker and some occupations and jobs according to the provisions of Decree No. 70/2023/ND-CP;
(5) Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
(6) Certified copy of passport or copy of passport certified by employer;
(7) Other documents related to foreign workers according to the provisions of Decree No. 70/2023/ND-CP.
Thus, individuals and organizations need to prepare the above documents and papers when applying for a work permit.
3. Some documents related to foreign workers when requesting a work permit
Pursuant to Decree No. 152/2020/ND-CP, in addition to the general conditions to be granted a work permit, workers must meet the conditions for the following special documents:
(1) For foreign workers moving within the enterprise, they must have:
- Document from the foreign enterprise appointed to work at that foreign enterprise's commercial presence in the territory of Vietnam;
- Document proving that the foreign worker was recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months.
(2) For foreign workers implementing all types of contracts or agreements in economics, trade, finance, banking, insurance, science and technology, culture, sports, education, Vocational and medical education must have a contract or agreement signed between the Vietnamese and foreign partners, including an agreement on foreign workers working in Vietnam;
(3) For foreign workers who are contractual service providers, they must have:
- Service provision contract signed between Vietnamese and foreign partners;
- Document proving that the foreign worker has worked for a foreign enterprise that has no commercial presence in Vietnam for at least 02 years.
(4) For foreign workers offering services, there must be a document from the service provider sending the foreign worker to Vietnam to negotiate service provision;
(5) For foreign workers working for foreign non-governmental organizations, international organizations in Vietnam that are allowed to operate under the provisions of Vietnamese law must have:
- Document of the agency or organization sending foreign workers to work for foreign non-governmental organizations or international organizations in Vietnam, except for cases specified in Decree No. 152/2020/ND- CP;
- Operation license of foreign non-governmental organizations and international organizations in Vietnam according to the provisions of law.
(6) For foreign workers who are managers, executives, experts, and technical workers, there must be a document from the foreign agency, organization, or enterprise sending the foreign worker. working in Vietnam and suitable for the expected job position or documents proving that you are a manager according to regulations.
Thus, foreign workers belonging to the above subjects according to the provisions of Vietnamese law, in order to be granted a work permit, need to meet all types of special documents.
=> See more: In what cases will work permit be revoked?
Photo 2. If a passport is about to expire, is it possible to be granted a work permit?_Hotline: 0972118764
II. SUMMARY OF THE ANSWER SECTION: CAN AN EXPIRED PASSPORT GET A WORK PERMIT?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer!
To be granted a work permit by a competent Vietnamese state agency, foreign workers need to meet the conditions specified in the 2019 Labor Code and have a valid passport according to the provisions of law. It is one of the important legal documents. Expired passports are still legally valid so a work permit can still be obtained, however, workers can proceed with a new passport to ensure convenience during the working process in Vietnam. Male.
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
IV. SOME QUESTIONS RELATED TO EXPIRING PASSPORTS WHEN ISSUING A WORK PERMIT
Question 1: When does a work permit expire for foreign workers working in Vietnam?
Reply:
Pursuant to the 2019 Labor Code, foreign workers participating in labor in Vietnam will be granted a work permit by a competent Vietnamese state agency when they meet all conditions. And the work permit of foreigners will be invalidated in the following cases:
(1) Work permit expires;
(2) Termination of 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 fields that are the basis for 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.
Thus, the work permit of foreigners working in Vietnam will be invalidated if it falls into one of the above cases according to the provisions of Vietnamese law.
Question 2: What conditions do foreign workers need to meet who want to work in Vietnam?
Reply:
Pursuant to the 2019 Labor Code, foreign workers who want to work in Vietnam need to meet the following conditions:
(1) Be 18 years old or older and have full civil capacity;
(2) Have professional qualifications, techniques, skills, and work experience;
(3) Have good health according to regulations of the Minister of Health;
(4) Not a person who is serving a sentence or has not had his or her criminal record erased or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;
(5) Have a work permit issued by a competent Vietnamese state agency, except for cases not subject to a work permit according to the provisions of the 2019 Labor Code.
Thus, when the above conditions are met according to the provisions of Vietnamese law, foreigners can work in Vietnam and be granted a work permit according to the provisions of Vietnamese law.
Question 3: How are the responsibilities of foreign workers working in Vietnam regulated?
Reply:
Pursuant to the 2019 Labor Code, foreign workers working in Vietnam have the following responsibilities:
(1) Must present a work permit when requested by a competent state agency;
(2) Without a work permit, the foreign worker will be forced to leave or deported according to the provisions of law on entry, exit, transit, and residence of foreigners in Vietnam. Must strictly comply with exit or deportation according to Vietnamese law.
Thus, in addition to the benefits that foreign workers working in Vietnam enjoy, foreign workers must be responsible for fully implementing the above cases according to the provisions of law.
=> See more: What are the conditions for foreign workers to work in Vietnam?
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
Administrative Procedures Department - TLK Law Firm
WORK PERFORMED BY TLK LAW FIRM
1. Advise customers on all legal issues related to social life, individuals, organizations, businesses and investors.
2. Providing to customers, representing all legal services related to social life, individuals, organizations, businesses and investors.
INCENTIVES
1. Support customers in connecting and promoting trade during operations.
2. % discount on service fee when customers use the service for the second time.
3. Free legal advice on corporate law for one year (if you are an organization or business).
4. Care and free legal advice on tax and accounting laws for businesses within one year (if you are an organization or business).
5. Provide an internal business management system (if Customer is an organization or business).
LATEST PROMOTION POLICY HERE
We are always ready to be a dedicated companion and a solid legal fulcrum for our customers.
We wish our customers good health and prosperous development!
In case you need advice or use the service, please contact us with the information below:
TLK LAW FIRM
- Tel: +(84) 243 2011 747 Hotline: 097 211 8764
- Email: info@tlklawfirm.vn Website: tlklawfirm.vn
