The process of applying for a work permit for foreigners in Vietnam is an important legal procedure and can encounter many challenges if not prepared thoroughly. One of the situations that businesses and foreign workers may face is the refusal of a work permit. So, when this happens, what should you do to handle it effectively? The article below will guide you on how to handle being denied a work permit and the necessary steps to rectify the situation. To better understand the details of the process and the related procedures, let’s explore through the article below with FTA LAW.
Image: How to handle being denied a work permit for foreigners in Vietnam
1. Common Reasons for Work Permit Applications Being Rejected:
Applying for a work permit for foreigners in Vietnam is not merely an administrative procedure. It is a complex process that requires accuracy and strict compliance with the law. Below are the common reasons why applications are rejected by authorities, whether the company is large or small.
1.1. Incomplete, incorrect, or unclear information
This is the most common barrier when applying for a work permit. Many applications are rejected in the first round due to seemingly small mistakes: missing confirmation stamps, unnotarized copies, incorrect spelling of names, mismatched information between documents, or using outdated application forms.
When processing work permit applications, authorities not only check for completeness but also pay particular attention to the accuracy and legality of each document. Therefore, businesses need to ensure that documents such as passports, professional qualifications, experience certificates, labor contracts, criminal records, and health certificates are valid, up-to-date, and in the correct format according to current regulations.
1.2. The registered job does not match the foreign worker’s experience
An important principle in issuing work permits is that foreigners can only take jobs that match their professional qualifications and practical experience. If an IT engineer is registered as a financial director, the application is likely to be rejected because the position does not meet the required qualifications.
Moreover, the job must be listed in the occupational categories that allow foreign labor according to the regulations. The business needs to prove that this position cannot be filled by a suitable Vietnamese worker, thus allowing the use of foreign labor.
1.3. The business does not meet the legal requirements to hire foreign workers
Not all businesses operating in Vietnam are allowed to hire foreign labor. To be eligible to apply for a work permit, businesses must meet a range of legal requirements such as having a valid business license, operating in the registered sector, having a clear office, sufficient capital, and staff to prove their capacity to employ international labor.
If the business is newly established, has not had a stable operating process, or is under inspection, the work permit application may be considered inadequate and returned.
1.4. The foreign worker does not meet health requirements
Foreign workers are required to provide a health certificate issued by an accredited medical institution recognized by the Vietnamese Ministry of Health. Besides general health conditions, they must also prove they do not suffer from serious infectious diseases such as tuberculosis, HIV/AIDS, or hepatitis.
If there is no valid health certificate or the health examination does not meet the required standards, the work permit application will be rejected, no matter how complete the other documents are.
1.5. The foreign worker has a criminal record
Security and public order are the top criteria when reviewing work permit applications. If a foreign worker has been convicted, especially for crimes related to drugs, terrorism, human trafficking, or national security violations, the chances of receiving a permit are almost zero.
Criminal background checks are crucial for authorities to assess the credibility and reliability of a foreign worker before granting them permission to work in Vietnam.
1.6. Other errors in the application process
In addition to the reasons mentioned above, work permit applications can be denied due to:
-
Submitting the application past the required deadline relative to the expected work start date.
-
Submitting in the wrong format, for example, submitting the application directly when it should be submitted online.
-
Invalid documents: unnotarized copies, altered documents, incorrect language, or missing legal stamps.
-
Violating other specialized regulations: such as visa, temporary residence, or non-compliance with the Labor Code regarding labor contracts.
Image: Common reasons for being denied a work permit.
2. How to Handle Being Denied a Work Permit
When being denied a work permit, both businesses and foreign workers often find themselves confused, not knowing what to do next. However, don’t worry too much, as there are always solutions to handle the situation effectively.
2.1. Review the Application and the reason for rejection
When the authorities return the application, businesses and foreign workers should proactively find out the reasons for the denial to avoid repeating the mistake. If the reason is due to missing documents, they need to supplement them accurately. If it is due to incorrect information, corrections should be made and double-checked before re-submitting.
Proactively clarifying the cause and fixing it from the first attempt will help increase the chances of success in the next work permit application.
2.2. Follow the correct procedure
If the denial was due to incomplete documents or invalid papers, businesses need to prepare the necessary documents correctly and in full accordance with the regulations. Ensure that all documents are legal, valid, and error-free. Particularly, documents like notarized copies and health certificates must be carefully checked.
Moreover, if the business can demonstrate that the recruitment position is necessary and aligns with actual needs, the chance of obtaining a work permit is even higher.
2.3. Choose Professional Support Services
If the business lacks the time or resources to redo the application, choosing a professional service to assist with the work permit application process is a smart choice. With a team of experienced experts, these services can help complete the application accurately and quickly, reducing the risk of rejection.
Image: 3 ways to handle being denied a work permit for foreigners.
3. Conclusion
Being denied a work permit can make both businesses and foreign workers feel anxious and confused. However, with thorough preparation and support from legal experts, you can handle this situation and reapply for the permit quickly and effectively. If you need detailed consultation or assistance in handling your application, do not hesitate to contact FTA LAW. Our expert team will guide you, answer all your questions, and help you complete your work permit procedure smoothly.
The content above is for reference purposes and not official advice from the team of lawyers at FTA LAW. If you have any questions or need advice for a specific case, please contact us at: support@ftalaw.vn – We are always ready to listen and assist you.