QUESTION 6: PROBLEMS DUE TO THE CHANGE OF WORK PERMIT FORM

Around May 2014, when applying to Department of Labour, Invalids and Social of Ho Chi Minh City for extension (reissue) of work permit, the Department reasoned that the sample of work permit form has changed and the printing of work permit under new form has not been completed, so the procedure slowed down considerably. Under Clause 3, Article 15 of Decree No. 102/2013/NĐ-CP (Ordinance No. 102), within 03 working days from the day on which the sufficient application for the reissuance of the work permit is received, the Service of Labor, War Invalids and Social Affairs shall reissue the work permit. A written response and explanation shall be provided if the work permit is not reissued. Clause 2, Article 15 of Ordinance No. 102 stating " at least 05 days but not over 15 days before the work permit expires, the employer shall submit an application for the reissuance of the work permit". Therefore, in fact, we faced difficulties to handle even after having been informed of the delay in the issuance of permits because application began when it’s running out of time for application. We hope that in case the procedure slowed down because of the Department’s activities such as the Department has not completed printing based on the new form, the Department could flexibly solve the problems, i.e. approve of granting work permits under old forms, etc.. .

Reply

As stipulated in Circular 03/2014 /TT-BLĐTBXH -dated 20/01/2014 of MOLISA Ministry of Labour - Invalids and Social Affairs guiding the implementation of some articles of Decree No. 102/2013/NĐ-CP-dated 05/09/2013 by the Government elaborating some articles of the Labor Code on foreign workers in Vietnam taking effects on 10/03/2014, the work permit form changed, different from the form described in Decree No. 34/2008/NĐ-CP and Decree No. 46/2011/NĐ-CP amending and supplementing Decree No. 34/2008/NĐ-CP. Form and embryos of work permit until now is being printed and issued by the Ministry of Labour - Invalids and Social Affairs. The ministry is also in charge of providing units related to management of foreign laborers with form and embryos of work permit.

There is a time when the Ministry of Labour - Invalids and Social Affairs has not yet provided work permit form for Department of Labour - Invalids and Social Affairs (DOLISA) to issue work permits for foreign workers. At that time, DOLISA has issued a temporary Official letter for approval of issuance of work permits to foreigners (form attached). At the same time DOLISA also announced to the Immigration Department - Ministry of Public Security, Immigration Division – Department of Public Security of the city and some related units for the use of Official letter approved by DOLISA when there is no work permit embryos. Therefore, the lack of new form has no effect on foreign workers or business.

Currently, the Department received work permit embryos sent from Hanoi, so the granting of work permits for foreigners will be comply with regulations.