IN WHAT CASES IS A WORK PERMIT REFUSED?

The current regulation does not specify under which circumstances foreign workers will be denied work permits. The processing of work permit applications also becomes more difficult and complicated due to the requirement to follow the set procedures and procedures. Therefore, many businesses and organizations face many difficulties in applying for  work permits for foreigners.

Cases of refusal to issue work permits

The cases of foreign workers being refused work permits are not  only related to the lack of work permit application documents but also because they are not familiar with the regulations related to this issue. In order to avoid the risks encountered when applying for a work permit for foreigners,  We would like to provide some information about the cases of refusal to issue a work permit as follows:

• Foreigners who have resided in Vietnam for a certain period of time but have not applied for a work permit. According to regulations, foreigners working in Vietnam for more than 3 months must apply for a work permit.  But in fact, foreigners before applying for a work permit need to have time to familiarize themselves with the roads, arrange and adapt to the working environment in Vietnam. Therefore, if foreigners do not know the time regulations, they may be refused a work permit.

In addition, there are cases where foreigners cannot leave Vietnam and have to stay for more than 3 months and also do not apply for a work permit. These cases will be denied a work permit.

• The dossier lacks a document from the Chairman of the provincial People’s Committee approving the employer on the employment of foreign workers for each job position. Before recruiting foreign workers, the employer must report an explanation to the Chairman of the provincial People’s Committee and obtain written approval. Without this document, foreigners will be denied a  work permit.
• Qualifications or work experience that do not meet the requirements for the job position. According to the previous regulations, foreigners with at least 5 years or more of work experience in the field who are trained in accordance with the job position that the foreign worker intends to work in Vietnam will be considered instead of a university diploma or equivalent. But now, although work experience has been reduced to at least 3 years, it is accompanied by a university diploma or higher or equivalent. If either of these articles is missing, foreigners will be denied a  work permit.

In addition, there are many cases of refusal to issue work permits due to lack of understanding and understanding of the process and procedures for issuing work permits to foreigners. In order not to take much time and save costs, please contact us for specific advice.

Reasons for refusal to issue work permits to foreigners.

Work permit (labor license) is a condition for foreigners to work legally in Vietnam. However, not everyone applies for a labor license. Many cases of organizations, agencies and enterprises are refused to issue work permits. What is the cause of this situation. PNVT would like to summarize some of the reasons for refusal to issue work permits that we know.

Incorrect work permit application form information

The information declared in Form No. 11/PLI is not consistent with the documents of the enterprise as well as the foreign worker.

Example; Name, title of business representative, passport number,….not the same as the original document.

Therefore, when making a sample, you need to pay attention, based on the original documents, declare the information accurately.

In addition, there are also cases, the information on the papers is not logical and matches. For example, the full name on the document varies.

Documents and documents are overdue or not in accordance with regulations

Pursuant to Decree 152/2020/ND-CP, the documents must comply with regulations when applying for a work permit. However, in cases where this paper will be returned/refused to issue a work permit.

• Criminal record exceeding 6 months or being in the process of being convicted.
• Medical certificate that is more than 12 months old or does not contain a conclusion of medical eligibility to work
• The 4cm*6cm image is not in accordance with the regulations (wearing glasses, bulging colored background ….)
• Expired passport…..
• The business registration license is not the latest registration document
• Qualifications, certificates of experience not (not enough years of work) suitable for the position, working title and field of operation of the enterprise.
• Documents issued by foreign countries do not conduct legalization and notarized translation in accordance with regulations.

In addition, there are many other causes, depending on each specific case. To avoid the situation that the application is refused to issue a work permit, increase the likelihood of passing, please call the HOTLINE for advice and support.

Contact:

Phone: 0983026382(zalo/ whatsapp)

Email: vietnamchristravel@gmail.com