Quick answer
Employers must redo the justification and approval of foreign worker demand (within the permit application dossier) whenever there is a substantive change from the previously approved situation: a change of employer, a change of job position, a change of form of work, or a work permit that has already been extended once (continued employment requires a new permit). Conversely, purely administrative changes such as a company rename or head-office relocation (without changing the actual workplace) only require permit re-issuance — not a fresh demand justification. Knowing this boundary helps employers avoid two mistakes: missing a required procedure and ending up with unauthorized employment, or performing redundant procedures that waste time.
Legal basis
Decree 219/2025/ND-CP (effective 7 August 2025) provides: new work permits are valid for a maximum of 2 years (Article 21); each permit may be extended only once for up to 2 years (Article 29); the extension procedure in Article 28 — under which the competent authority re-reviews the demand approval. When a permit expires or its content substantively changes, the employer must apply for a new permit, and demand justification is a mandatory component of the new dossier (Article 18).
Cases requiring a fresh justification
1. Change of employer
The worker moves to a different company (including another company in the same group that is an independent legal entity): the old permit is tied to the former employer and has no value for the new one. The new employer must apply for a new permit, with its own demand justification.
2. Change of job position
The worker moves from one position to a materially different one (e.g., from technical expert to executive director of manufacturing): the old permit no longer reflects reality. A new permit must be applied for, with a fresh demand justification for the new position and supporting position documents.
3. Change of form of work
Switching between forms of work (e.g., from intra-corporate transfer to signing a labor contract directly with the Vietnamese company): the underlying legal basis changes, so a corresponding new permit procedure is required.
4. Permit already extended once
Under Article 29, each permit may be extended only once. After the extended term expires, continued employment mandatorily requires a new permit application (there is no “second extension”), and the demand justification is redone from scratch.
5. Permit expired without timely extension
If the permit lapses without filing the extension dossier within the 10–45-day window before expiry, the employer can no longer “extend” — a new application is required. This situation is entirely preventable through expiry tracking.
Cases NOT requiring fresh justification
- Company rename or head-office relocation (actual workplace unchanged): re-issuance of the permit due to information changes, not a new demand justification.
- Lost or damaged permit: re-issuance procedure; the permit content stays the same.
- First-time permit extension: the competent authority re-reviews the demand while processing the extension dossier — a “re-review”, not a new standalone demand approval procedure.
Procedure when re-application is required
The process mirrors a new application: prepare the dossier under Article 18 of Decree 219/2025/ND-CP (including the application form with the new demand justification), file at the Public Administration Service Center where the worker works, and the competent authority processes it within 10 working days. Note: while awaiting the new permit, the worker may not work until the new permit is issued (unless exempt with an exemption certificate). Employers should time the filing so there is no gap: submit the new application before the old permit expires.
Risks of skipping a required re-application
Employing foreign workers under an unsuitable permit (working inconsistently with the permit’s stated content, or with an expired permit) is penalized under Decree 283/2026/ND-CP (effective 10 September 2026): workers face fines of VND 15–25 million and possible deportation; employers face VND 30–75 million depending on the number of workers in violation. Beyond fines, enterprises risk inspections and complications in the workers’ visa and residence card sponsorship procedures.
Tracking permit validity across the whole workforce
Enterprises employing dozens of foreign workers cannot manage re-application decisions case by case from memory. A simple compliance register prevents most violations: for each worker, record the permit number, the registered position and form of work, the issue and expiry dates, and the work location. Set two reminders — one at 60 days before expiry to start preparing the extension dossier, and a hard checkpoint at 45 days, which is the earliest the extension dossier may be filed. Any planned change (promotion, transfer, change of work form) should be entered into the register as soon as HR knows about it, so the legal team can determine immediately whether a new permit — with a fresh demand justification — is required. Companies that run this register rarely face the “expired permit discovered during an inspection” scenario, which is one of the most expensive and disruptive findings under Decree 283/2026/ND-CP.
Coordinating with visa and residence card timelines
Permit changes ripple into immigration status. A new work permit for a changed position usually requires updating the employer’s sponsorship records, and the worker’s LD visa or labor temporary residence card should reflect the current employer and position. When planning a re-application, align three timelines: the old permit’s expiry, the new permit’s processing (10 working days plus preparation), and the visa or residence card’s validity. Filing the new permit application before the old one expires keeps the worker continuously authorized and avoids the difficult question of what the worker’s status is during a gap — a question inspectors ask and employers struggle to answer.
Frequently asked questions
Does a transfer between two branches of the same company require re-application?
If both branches are dependent units of the same legal entity and the job position and form of work are unchanged, the current permit remains valid. But for inter-provincial transfers, check with the issuing authority regarding jurisdiction; adjustment or re-issuance may be needed.
Does an in-company promotion (e.g., expert to director) require re-application?
Yes, if the change alters the registered job position (from the expert group to the manager/executive director group). A new permit for the new position with corresponding proof documents is required.
How to never miss the extension deadline?
Enterprises should maintain a permit-expiry register for all foreign workers with reminders set 60 days ahead. Extension dossiers are only accepted within the 10–45-day window before expiry — earlier filings are not accepted, later filings mean a new application instead.
Can the worker keep working while the new permit is pending?
No. Until the new permit (or a valid exemption certificate) is issued, the worker is not authorized to work. Employers should plan renewals early to avoid unlawful employment gaps.
Does a new permit reset the extension count?
Yes. A newly issued permit starts a fresh cycle: it is valid for up to 2 years and may be extended once for up to 2 years. The “one extension only” limit in Article 29 applies per permit, not per worker, so a new permit restores the full timeline.
FLAT Law Firm reviews the work permit status of all foreign workers in an enterprise, determines which cases need extension, re-issuance, or new permits, and handles the procedures end-to-end. Contact us for a free initial check.
This article has been quality-reviewed by the FLAW AI Legal Council. Content is for reference only and does not replace legal advice for your specific case.
