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rico4444
Joined: 01 Apr 2007 Posts: 90 Location: Thailand
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Posted: Sun Aug 28, 2011 8:19 pm Post subject: Who "owns" the WP....you or the school?? |
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If the school applies for and receives a WP for you to teach at their school, I assume the WP is in your name, but does the school "own" it and control your ability to work in the country?
What happens if you decide to blow off the contract and leave for another job in VN?
Do you have to leave the country and then return to VN and subsequently go your new school and apply for a new WP?
Can you "transfer" the WP to another school?
What about the CBC..........if you need a new WP, does that mean you need to get a new, updated CBC?
I would appreciate your help in getting these questions answered. Thanks |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Sun Aug 28, 2011 11:38 pm Post subject: |
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The Labor Department owns your WP. They keep it there in a drawer and your school or workplace can't have it.
What your new school or workplace must do is re-apply for the work permit so that it's basically updated to show that you're working at the new place.
So the answers are
If the school applies for and receives a WP for you to teach at their school, I assume the WP is in your name,
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but does the school "own" it and control your ability to work in the country? |
Nope.
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What happens if you decide to blow off the contract and leave for another job in VN? |
Not much, really, though I don't speak as a lawyer here. They could, technically, bring legal action for breech of contract.
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Do you have to leave the country and then return to VN and subsequently go your new school and apply for a new WP? |
Nope.
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Can you "transfer" the WP to another school? |
Yes, in a manner of speaking. See my intro paragraph.
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What about the CBC..........if you need a new WP, does that mean you need to get a new, updated CBC? |
I don't know exactly. I think it depends on how old your CBC is, but I didn't have to do so after my first year w/ the WP and switch to a new workplace. |
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rico4444
Joined: 01 Apr 2007 Posts: 90 Location: Thailand
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Posted: Sun Aug 28, 2011 11:54 pm Post subject: WP |
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Thanks CThomas...........that was incredibly helpful information. |
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Jbhughes

Joined: 01 Jul 2010 Posts: 254
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Posted: Mon Aug 29, 2011 6:36 am Post subject: |
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Are you sure about the in the drawer of the labour department thing CThomas?
If the w.p. is the blue, folded document with the picture and information on the left inside page and the extension stamps on the right inside page, then 'my' w.p. has been in my possession at times and also the school's, never really the labour department.
Having said that, I wonder if what the school and I have is simply one of 2 or more copies of the same document, or a document that is for the employer/employee with another document being at the labour department. It's also possible that the labour department in the province I work in have made up a different rule or just don't even know what they are doing (the final one being highly possible in my experience.)
Further point worth checking - can one 'transfer' ones w.p. to a new employer in a different province? I know there are some posters on here that have lived in both HCM and HN - did you transfer the w.p. when you changed cities?
Oh, one thing worth noting regarding the leaving the country bit. If you get your employer to help you with a temporary residency card, then the w.p. will be used to get the card. If you naff off from that employer, the employer should, could and might tell the labour department, who should, could and might cancel your w.p. (obviously, if you have already got a w.p. in the name of a new employer then that is fine). The labour department should, could and miiiiiiiiiiiight inform the immigration department who should, could and miiiiiiiiiiiiiiiiiiiiiiiiight cancel your residency card. Experienced posters on here have stated that this doesn't happen in practice in HCMC.
w.p.s what a pain  |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Mon Aug 29, 2011 7:42 am Post subject: |
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Jbhughes wrote: |
Are you sure about the in the drawer of the labour department thing CThomas?
If the w.p. is the blue, folded document with the picture and information on the left inside page and the extension stamps on the right inside page, then 'my' w.p. has been in my possession at times and also the school's, never really the labour department.
Having said that, I wonder if what the school and I have is simply one of 2 or more copies of the same document, or a document that is for the employer/employee with another document being at the labour department. It's also possible that the labour department in the province I work in have made up a different rule or just don't even know what they are doing (the final one being highly possible in my experience.)
Further point worth checking - can one 'transfer' ones w.p. to a new employer in a different province? I know there are some posters on here that have lived in both HCM and HN - did you transfer the w.p. when you changed cities?
Oh, one thing worth noting regarding the leaving the country bit. If you get your employer to help you with a temporary residency card, then the w.p. will be used to get the card. If you naff off from that employer, the employer should, could and might tell the labour department, who should, could and might cancel your w.p. (obviously, if you have already got a w.p. in the name of a new employer then that is fine). The labour department should, could and miiiiiiiiiiiight inform the immigration department who should, could and miiiiiiiiiiiiiiiiiiiiiiiiight cancel your residency card. Experienced posters on here have stated that this doesn't happen in practice in HCMC.
w.p.s what a pain  |
Though I've never seen that, my guess is that it's an official copy. When I switched jobs, my new employer got nothing from neither me nor my previous employer; everything was on file at Labor already. I'd like to know what are this blue thing's uses. |
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TimkinMS

Joined: 18 Oct 2005 Posts: 86
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Posted: Mon Aug 29, 2011 7:05 pm Post subject: Re: Who "owns" the WP....you or the school?? |
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rico4444 wrote: |
If the school applies for and receives a WP for you to teach at their school, I assume the WP is in your name, but does the school "own" it and control your ability to work in the country? |
rico4444,
The answer is: no one really knows. The Labor Department says one thing, then another. Vietnamese and foreign lawyers at an AMCHAM meeting this year could not even agree.
The schools of course, say the school owns it, and they keep it hidden away. They claim they keep it for the officials who might check. If the school pays for the cost of it, that is fine with me. But it also gives the school control over you.
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What happens if you decide to blow off the contract and leave for another job in VN? |
Let's say, for example, that you do not "blow off" but resign from your school with your WP and then work somewhere else.
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Do you have to leave the country and then return to VN |
No. You don't ahve to.
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Can you "transfer" the WP to another school? |
My friends on both Hanoi and Saigon say, "no." In fact even with a valid work permit, they were only able to get short-term visas.
As usual, it's a very confusing and contradictory system.
Try not to get a work permit. |
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rico4444
Joined: 01 Apr 2007 Posts: 90 Location: Thailand
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Posted: Mon Aug 29, 2011 9:01 pm Post subject: WP |
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Thanks TimkinMS.......and also everyone else who contributed. I suppose everything I've heard about VN is true, i.e. the rules and laws change daily according to whomever is doing the interpretation. That's OK......I can deal with it. It can't be a whole lot worse than Thailand or Korea.
TimkinMS......question for you.........you advised NOT to get a WP if possible. If the employer insists, then do you as a teacher say "yes" and go with the flow? and why would you NOT want a WP?
And secondly, if for some reason one can avoid getting a WP, what's the alternative? I assume you're going to say "work w/out one" and get paid under the table, but then doesn't that create other problems e.g. having to leave the country every 30 or 60 or 90 days.
Thanks again |
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TimkinMS

Joined: 18 Oct 2005 Posts: 86
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Posted: Mon Aug 29, 2011 10:12 pm Post subject: Re: WP |
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rico4444 wrote: |
.........you advised NOT to get a WP if possible. If the employer insists, then do you as a teacher say "yes" and go with the flow? and why would you NOT want a WP? |
I should clarify it's not my advice really, it's just what I prefer, and I should not have posted "try not to get a WP."
If you want the likely hood (not for sure) of avoiding visa runs, and if you want to sign a full-time contract with a large chain school, then I think it's good for you.
If a school insists, yes, have them pay for your medical and translations, and notarizations.
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And secondly, if for some reason one can avoid getting a WP, what's the alternative? I assume you're going to say "work w/out one" and get paid under the table, but then doesn't that create other problems e.g. having to leave the country every 30 or 60 or 90 days.
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You don't work "under the table" if you don't have WP. In fact, you'll like be paying taxes with a P.I.T. number (personal income tax number). If your schools does not give you a P.I.T. number they are likely taking taxes out of your check and putting it into your pocket.
As for the visa issue, yes it may rear it's ugly head again. In fact, for some people, it already has.
This is why in Vietnam, I never accumulate stuff, get anchored down here, and I'm always ready to leave for somewhere else or back to my home-country if something happens. |
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CThomas
Joined: 21 Oct 2009 Posts: 380 Location: HCMC, Vietnam
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Posted: Mon Aug 29, 2011 11:38 pm Post subject: |
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Weird. I transferred from 1 place to another no problem and I got a temporary residence card. And I know others with temp residence cards.
Just to confuse things more, now that I think about it, and hopefully productively, I DO know a guy that said he'd get me a WP and that it would be MINE. The same guy got one for a buddy of mine (long story) this way and it was the case. But this was for someone who opened his own business here. So, it may follow that a school could keep it.
This is definitely a first, to hear someone who'd rather not have a WP. I'm not questioning the judgement, just saying wow.
Rico, you say "The Labor Department says one thing, then another. Vietnamese and foreign lawyers at an AMCHAM meeting this year could not even agree. " Are there any minutes or records or an article about this meeting? |
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rico4444
Joined: 01 Apr 2007 Posts: 90 Location: Thailand
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Posted: Mon Aug 29, 2011 11:57 pm Post subject: |
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TimkinMS and CThomas.......thanks so much for all that you've shared. I understand everything you've both said and I have a much clearer picture of what it might be like to work in VN. I'm not deterred by anything you've said and I'll be there on 27 September.
BTW, off the subject for a minute...........I was offered a contract by VMG (VN American English Group) and was asked to work in Bien Hoa. Do either of you know what life is like in BH, and even better, do you know anything about this school? (thye have brances in BH, HCMC, and Danang). If the pace is MUCH slower than HCMC, that suits me fine. Lack of western amenities is not a big deal for me. Anything you can contribute would be appreciated.
Thanks again |
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TimkinMS

Joined: 18 Oct 2005 Posts: 86
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Posted: Wed Aug 31, 2011 1:05 am Post subject: |
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CThomas wrote: |
Weird. I transferred from 1 place to another no problem and I got a temporary residence card. And I know others with temp residence cards. |
I don't know if a temporary residence card is the reason why you were able to do so. I was referring to people with an WP that did not have a residence card.
However....(as usual in VN), I friend of mine was was a DOS (and he's tole me has has a RC) finished a contract and took another management job at a school and the new school said it was not ransfereable.
So....it all depends.
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This is definitely a first, to hear someone who'd rather not have a WP. I'm not questioning the judgement, just saying wow. |
I know a lot of people who don't want to get one. If I (and they) really have to get one I (and they tell me) we will. It's a fubar. |
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LettersAthruZ
Joined: 25 Apr 2010 Posts: 466 Location: North Viet Nam
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Posted: Wed Aug 31, 2011 3:36 am Post subject: Re: WP |
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TimkinMS wrote: |
rico4444 wrote: |
.........you advised NOT to get a WP if possible. If the employer insists, then do you as a teacher say "yes" and go with the flow? and why would you NOT want a WP? |
I should clarify it's not my advice really, it's just what I prefer, and I should not have posted "try not to get a WP."
If you want the likely hood (not for sure) of avoiding visa runs, and if you want to sign a full-time contract with a large chain school, then I think it's good for you.
Quote: |
And secondly, if for some reason one can avoid getting a WP, what's the alternative? I assume you're going to say "work w/out one" and get paid under the table, but then doesn't that create other problems e.g. having to leave the country every 30 or 60 or 90 days.
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You don't work "under the table" if you don't have WP. In fact, you'll like be paying taxes with a P.I.T. number (personal income tax number). If your schools does not give you a P.I.T. number they are likely taking taxes out of your check and putting it into your pocket.
As for the visa issue, yes it may rear it's ugly head again. In fact, for some people, it already has.
This is why in Vietnam, I never accumulate stuff, get anchored down here, and I'm always ready to leave for somewhere else or back to my home-country if something happens. |
A friend of mine does the 90-day visa run deal. She said that, allegedly, according to Vietnamese labour law, one CAN WORK LEGALLY FOR ONE 90-DAY PERIOD BEFORE THEN having to go out and obtain a work permit.
Which leads me to believe that, legally, one can hop in and out and such and legally work every 90 days.....
My figuring would be that visa runs are a pain in the a$$, but not nearly as much as obtaining a new Work Permit or transferring of a Work Permit to a new employer, at least from a couple different people I have heard tell me about this.
I also have read this on the website of Ministry of Labour, Invalids and Social Affairs that this IS INDEED legal....but then again - this IS Viet Nam, and laws change hourly depending on WHO is interpreting them and how much ca$h for tea they suddenly find themselves coming into! |
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Belgrove
Joined: 27 Sep 2011 Posts: 35 Location: Saigon
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Posted: Fri Sep 30, 2011 8:42 am Post subject: Re: Who "owns" the WP....you or the school?? |
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rico4444 wrote: |
If the school applies for and receives a WP for you to teach at their school, I assume the WP is in your name, but does the school "own" it and control your ability to work in the country?
What happens if you decide to blow off the contract and leave for another job in VN?
Do you have to leave the country and then return to VN and subsequently go your new school and apply for a new WP?
Can you "transfer" the WP to another school?
What about the CBC..........if you need a new WP, does that mean you need to get a new, updated CBC?
I would appreciate your help in getting these questions answered. Thanks |
1. The WP is your permission to work at that school. You have applied through mau so 1 and mau so 2 for a permit, and your school or employer has applied to register you as an employee through mau so 4.(mau so are the LD official docs)
The labor dept issue you with a WP and the school with a document stating you are legal to work there. Whoever collects these documents will be informed of their destination.
Nobody controls your ability to work in the country.
2. Another job means another WP. If you leave the previous job then your WP there is worthless.
3. No need to leave the country. You only need to apply for a new WP with your new employer
4. No you can't transfer your WP to another school. You must apply for a completely new WP going through all the procedures. This means all the correct application docs being completed again.
5. CBC and health check must both be no older than 6 months. If they are then you must 'freshen' them up.
In short, the WP is in your possession, your employer has absolutely no use for it whatsoever. They have the official document issued to employers which they legally must retain for examination when called upon.
You can use the WP to gain a RC ($80 two years, $100 three years). It can also be used to register your motor bike in your own name.
if you leave your job the WP is of very little use to you. You could use it at a job interview to show any prospective employer you actually fulfill the criteria to gain lawful employment in Vietnam.
As for the RC it becomes worthless also, so you take a chance using it in and out of the country until it expires.
Best just to get a new one with your new employer for peace of mind.
I've just read through the other posts and I'm stunned at some of the things I've read. It seems employers are using the teachers ignorance of procedural matters as a tool to manipulate their contracts.
It seems that the employers are taking all the documentation, collecting the permits and spinning employees a load of guff.
27th September? you must be here already, good luck |
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generalgiap
Joined: 03 Sep 2011 Posts: 95
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Posted: Sat Oct 08, 2011 2:36 am Post subject: |
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My experience is the following:
CT wrote-The Labor Department owns your WP. They keep it there in a drawer and your school or workplace can't have it.
The school or company has the original work permit and the labour dept.
does not keep it in a drawer. Now that's funny! I have my original work permit.
Some schools and companies will give you the original or a photocopy.
This is not about control, it's about the employee losing it and if that happens the company/school has to get a replacement. Paperwork more money etc.
If you have the temp residence card and you leave your company, in theory, you are supposed to turn it into immigration immediately. However, most people keep it and continue to use it as their visa or take it home as a souvenir. Lets not forget that these govt agencies are extremely disorganised and most of the employees are very lazy.
In fact, I had two RP at the same time, each for 3 years because I changed company. At immigration at airport i decide to use my old RP just to see what would happen, guess what, nothing, had no problem.
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Belgrove
Joined: 27 Sep 2011 Posts: 35 Location: Saigon
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Posted: Sat Oct 08, 2011 2:49 am Post subject: |
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generalgiap wrote: |
My experience is the following:
CT wrote-The Labor Department owns your WP. They keep it there in a drawer and your school or workplace can't have it.
The school or company has the original work permit and the labour dept.
does not keep it in a drawer. Now that's funny! I have my original work permit.
Some schools and companies will give you the original or a photocopy.
This is not about control, it's about the employee losing it and if that happens the company/school has to get a replacement. Paperwork more money etc.
If you have the temp residence card and you leave your company, in theory, you are supposed to turn it into immigration immediately. However, most people keep it and continue to use it as their visa or take it home as a souvenir. Lets not forget that these govt agencies are extremely disorganised and most of the employees are very lazy.
In fact, I had two RP at the same time, each for 3 years because I changed company. At immigration at airport i decide to use my old RP just to see what would happen, guess what, nothing, had no problem.
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Spot on! |
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