IN WHAT CASE CAN A WORK PERMIT BE REISSUED?
QUESTION
Dear TLK Law Firm, I currently have questions and hope to hear from you as follows: I am a worker in a tea factory in Thai Nguyen, I have been approved by the state agency and issued a work permit. However, a few days ago I lost my work permit and I don't clearly understand the regulations on re-issuing a work permit. So I want to ask, in what cases can a work permit be re-issued? And are there any conditions that need to be met? Looking forward to your company's answer. Thank you!
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1. Can a work permit be extended? How long is an extended work permit valid?
2. If a passport is about to expire, is it possible to be granted a work permit?
3. In what cases will work permit be revoked?
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. 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;
3. Other legal documents provide relevant guidance.
CONSULTATION CONTENT
A work permit is a legal document that helps ensure legal rights and benefits for employees when participating in work and is also a required document for employees to be eligible to work legally. However, there are many cases where a work permit is lost or damaged. Can the employee be re-issued a work permit? In what cases can a work permit be re-issued? This is a question that many customers sent to TLK Law Firm.
Therefore, through this article, we will answer your questions about "In what cases can a work permit be reissued?".
Photo 1. In what cases can a work permit be reissued?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO CASES OF RE-ISSUE OF WORK PERMITS
1. What is a work permit?
A work permit is a type of document issued by a competent authority in Vietnam to foreign workers when they meet certain conditions as prescribed by law. The work permit clearly states information about the employee, including full name, passport number, date of birth, nationality, passport number; name and address of the workplace organization, working position... Employees who are granted a work permit will be protected by Vietnamese law according to Vietnamese labor law as well as their legal rights and interests legitimately protected.
2. Cases where work permits are reissued
Pursuant to Decree No. 152/2020/ND-CP, work permits are reissued in one of the following cases:
(1) Work permit is still valid but lost;
(2) Work permit is still valid but damaged;
(3) There is a change in surname, nationality, passport number, and work location listed in the valid work permit.
Thus, when a worker is granted a work permit in one of the above cases, he or she has the right to request a competent state agency to re-issue the work permit according to the provisions of law.
=> See more: Fast and reputable service for applying/ extending/ re-issuing work permit
3. Duration of the reissued work permit
Pursuant to Decree No. 152/2020/ND-CP, when a worker is re-issued a work permit, the term of the re-issued work permit is equal to the term of the issued work permit minus the term the foreign worker has worked up to the time of requesting reissue of the work permit.
Photo 2. In what cases can a work permit be reissued?_Hotline: 0972118764
II. SUMMARY OF THE ANSWER SECTION: IN WHICH CASE CAN A WORK PERMIT BE RE-ISSUED?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer!
A work permit is a type of document that a worker is issued by a competent state agency when all requirements are met to ensure that the worker can participate in legal work. However, the work permit will be reissued if the employee is in the cases specified in the 2019 Labor Code, specifically as follows:
(1) Work permit is still valid but lost;
(2) Work permit is still valid but damaged;
(3) There is a change in surname, nationality, passport number, and work location listed in the valid work permit.
=> See more: In what cases are foreign workers not subject to a work permit?
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 CASES OF REISSUE OF WORK PERMITS
Question 1: Can work permits be extended?
Reply:
The answer is Yes.
Pursuant to Decree No. 152/2020/ND-CP, work permits issued to workers will be renewed if they fall into the following cases:
(1) The issued work permit is valid for at least 05 days but not more than 45 days;
(2) Approved by a competent authority for the need to employ foreign workers specified in Decree No. 152/2020/ND-CP;
(3) Documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
Thus, if the employee's work permit falls into the above cases, it will be reissued by the competent state agency according to the provisions of law.
Question 2: How is the extension of work permits for foreign workers regulated?
Reply:
Pursuant to Decree No. 152/2020/ND-CP, when a foreign worker has their work permit extended by a competent state agency, the employer and the foreign worker must sign a written labor contract according to the provisions of Vietnamese labor law before the expected date of continuing to work for the employer. And the employer must send the original or certified copy of the signed labor contract upon request to the competent authority that renewed the work permit.
Question 3: How many times can a work permit be renewed?
Reply:
Pursuant to Decree No. 152/2020/ND-CP, work permits are issued by competent state agencies to workers when they meet all conditions. However, the work permit will be renewed when it falls into the extension cases and can only be renewed once for a maximum period of 02 years according to the provisions of law.
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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).
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