Procedures for issuance of the WP for the foreign worker who's the holder of an unexpired WP wants to hold another job position which's different from that defined in his WP in accordance with the law but the employer's unchanged

I.  The object of the procedure

The foreign worker who is the holder of an unexpired work permit wants to hold another job position which is different from that defined in his work permit in accordance with the law but the employer is unchanged. 

II.  Records of the procedure

1.  The written request for the issuance of the work permit made by the employer;

2.  The written certification that the worker is a manager, chief executive officer, expert or technician;

3.  02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application;

4.  Certified copy of passport or a substitute for passport or other license for international travel which is unexpired in accordance with the law;

5.  Documents related to the foreign workers include:

-  The foreign workers complying with the company’s internal reassignments must have papers of the foreign enterprise showing that they are appoint to work at the commercial presence of such foreign enterprise in Vietnam and the papers proving that they have been employed by such foreign enterprise for at least 12 months before they are appointed to work in Vietnam;

-  The foreign workers working as managers, chief executive officers, experts, technicians and participating in the operation of the foreign enterprise that has established its commercial presence in Vietnam, must have papers proving the foreign workers’ eligibility to participate in operation of such foreign enterprise; 

6.  The issued  work permit.

III.  Legal basis

1.  The Labor Code in 2012;

2.  Decree No.11/2016/ND-CP on 3^rd Febuary, 2016 on detail regulations on implemting a number of artciles of the Labor code regarding foreigners in Vietnam;

3.  Circular No.40/2016/TT-BLDTBXH on 25^th October, 2016 on guidance on implemting of a number of articles of Decree No.11/2016/ND-CP.