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Administrative procedure

:

Department of Labor, War Invalids and social affairs: Re-issue the working permit for foreign laborers working at units outside the industrial parks in Vinh Phuc province

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Re-issue the working permit for foreign laborers working at units outside the industrial parks in Vinh Phuc province

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The order of execution

 

Step 1. At least 5 - 45 days before the expiry date of the working permit, the employer must submit an application for re-issuing a working permit (in case of re-issuing due to expiration of the permit). The organization prepares dossiers in accordance with the law and submits at PAA (No. 5, Nguyen Trai street, Lien Bao ward, Vinh Yen city, Vinh Phuc province) or via the internet.

 

Step 2.

* If apply at PAA: the civil servant receives and checks the file: If the application is complete and valid, write an appointment letter for the payer; if the dossiers are incomplete or invalid, guide the payer to complete as regulated.

* If apply via the internet: the civil servants access the electronic software (address: http://dvc.vieclamvietnam.gov.vn) to receive and check the records. At the same time, the information of the applicant submitting the dossier via the Internet shall be included in the software of PAA:

+ If the dossier is complete and valid, transfer the appointment letter on the software to the payer (included in the software).

+ If the dossier is not enough or invalid, return the dossier (steps included in the software).

Step 3. PAA hands over the dossier or sends via the internet (for the online dossier) to the Labor, Invalids and Social Affairs Service for appraisal.

Step 4. Within 3 working days from the date of receiving the complete application file for re-issuing a working permit, the Department of Labor, Invalids and Social Affairs shall re-issue the working permit. In case of refusing to re-issue a working permit, a written reply shall be issued, clearly stating the reason(s).

For foreign laborers who work under a labor contract, after the foreign worker is re-issued a working permit, the employer and the foreign worker must sign the labor contract in writing in accordance with the provisions of Vietnamese labor law before the expected date of continuing the employment for the employer.

Within 5 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Labor, Invalids and Social Affairs Department which has re-issued the work permit.

Step 5. PAA shall return results to organizations and individuals.

* If directly apply at PAA:

Upon receipt of the results, the organization or individual must show out the appointment note for the results and pay the fee as prescribed.

* Apply online:

- Upon receiving the results, the organization shall have to show out all original dossiers for the public servant at PAA for inspection, comparison and archival according to regulations (the Labor, Invalids and Social Affairs Department preserves the original dossiers).

- The civil servant shall return the result of the dossier receipt and examination (in accordance with the dossiers submitted via the electronic network already qualified by the specialized agency), check the appointment letter, collect charges and fees, and return results.

 

Implementation method

Directly apply at PAA or via the internet

Composition, number of records

 

 

a/ Composition of the dossier:

- The application letter for re-issuing a working permit of a foreigner (Form No. 7 promulgated together with Circular No. 40/2016 / TT-BLDTBXH dated October 25, 2016);

  - Two color photos (size 4cmx6cm, bareheaded, face shot, clear face, clear ears, no colored glasses, white background), photo not more than 6 months up to the time of applying;

- The granted working permit (except for the case of loss);

- If the working permit is lost: the foreign worker must have the certification of the Vietnamese communal police office or the competent authority of the foreign country in accordance with the provisions of law.

- Other papers, including: - For cases of applying for the re-issuance of working permits in cases of loss, damage or alteration of the contents inscribed in the permits such as their full names; date of birth; nationality; passport; place of work: must have proof. (The file of this case includes items 1,2,3 and the content in this section). - If the working permit is valid for at least 5 days but not exceeding 45 days as stipulated (expired license): The enterprise must prepare the health certificate according to the regulations (health certificate is valid not more than 1 year); the written notice of the Department of Labor, Invalids and Social Affairs on the job position approved by the Chairman of the provincial People's Committee or the decision of the Chairman of the provincial People's Committee deciding that the contractor is entitled to recruit foreign employees to the positions that do not recruit Vietnamese workers; one original or copy, if it is in a foreign language, shall be exempt from consular legalization but must be translated into Vietnamese and authenticated in accordance with the provisions of Vietnamese law in one of the following papers:

+ Documents of the foreign party appointing a foreign worker to work in Vietnam;

  + Contract or agreements signed between Vietnamese and foreign partners, including agreements on foreign laborers working in Vietnam;

  + Service providing contracts signed between Vietnamese and foreign partners or documents proving that foreign laborers continue to negotiate the provision of services in Vietnam.

+ Certificate of the foreign non-governmental organization or international organization authorized to operate in accordance with the law of Vietnam.

  + A document proving that the foreign worker continues to work at a foreign non-governmental organization or international organization in Vietnam.

  + Document of a service provider appointing foreign workers to Vietnam to establish the commercial presence of the service provider.

  + A document proving the foreign worker's participation in the operation of a foreign enterprise which has established a commercial presence in Vietnam.

b) Number of dossiers: 01 set.

Period of settlement

 

03 working days (both for online submission and direct submission). In which:

- PAA receives dossiers: 0.5 days.

- The Department of Labor, Invalids and Social Affairs: 2.5 days.

 

Agency of administrative procedure

The Department of Labor, Invalids and Social Affairs

Objects of administrative procedure

Individuals

 

Result of settling administrative procedure

 

Working permit

Fee, charge

 

VND 450,000 / 1 new license (according to the Resolution No. 56/2016 / NQ-HĐND dated on 22/12/2016 of the People's Council of Vinh Phuc province).

 

Form, form of declaration

 

A written request for a working permit, made according to form No. 7, issued together with Circular No. 40/2016 / TT-BLĐTBXH on 25.10.2016

Requirements, conditions for carrying out procedures

 

- Having full civil act capacity as prescribed by law.

- Have good health in accordance with work requirements.

- Be a manager, executive director, expert or technical worker.

- Not being a criminal offender or being prosecuted for criminal liability in accordance with the laws of Vietnam and foreign law.

- Approved in writing by a competent state agency on the use of foreign employees.

Legal basis of the administrative procedure

 

- Labor Code 2012;

- Decree No. 11/2016 / NĐ-CP dated on 3/2/2016 of the Government detailing the implementation of a number of articles of the Labor Code on foreign laborers working in Vietnam.

- Circular No. 40/2016 / TT-BLĐTBXH dated on 25/10/2016 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 11/2016 / NĐ-CP dated on 03/2/2016 of the Government on detailing the implementation of a number of articles of the Labor Code on foreign laborers working in Vietnam.

- Circular No. 23/2017 / TT-BLDTBXH dated 15/8/2017 of the Ministry of Labor, War Invalids and Social Affairs guiding the issuance of work permits to foreign employees working in Vietnam via the Internet.

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CreatedDate

8/20/2018

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Content Type: News Item
Created at 8/20/2018 12:04 AM by Do Thi Minh Sao
Last modified at 8/20/2018 12:04 AM by Do Thi Minh Sao