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Do you need a 推薦者表 to re-employ a Vietnamese 特定技能 worker?

Foreigners Employment Support Organization (FESO) / Published  / Last updated

This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails. Read the Japanese original(日本語版を読む)

Answer

Even when you are re-employing the person at the same workplace, obtaining the 「推薦者表(推薦状)」 (letter of recommendation) issued by the Vietnamese authorities is compulsory, and there is no special rule that waives it. This is because the application is an 在留資格認定証明書交付申請 (Application for Certificate of Eligibility) based on a "new employment contract". As a rule, the application for the 推薦者表 is made through an accredited sending organisation in Vietnam.

What is this enquiry about?

An enquiry from a company that wants a Vietnamese 特定技能 worker who has returned home to come back to the same workplace.

Why is the Vietnamese 「推薦者表」 needed?

Because it is a document required under the bilateral agreement between Japan and Vietnam.

Under the bilateral agreement between Japan and Vietnam, for a Vietnamese national to work under 特定技能, a 「特定技能外国人に係る推薦者表」 (letter of recommendation concerning a 特定技能 foreign national) issued by the Department of Overseas Labour (DOLAB, ベトナム海外労働管理局) must be submitted.

How is this different from the earlier change from 「特定活動」?

This time the person is being brought in from abroad, and the rules differ from those for a change of status filed inside Japan.

The reason no 推薦者表 was prepared last time is thought to be the practice at that time, or a particular transitional measure, that applied when she changed from 「特定活動」 (or 「技能実習」 (Technical Intern Training)) inside Japan.

This time she is being brought over from Vietnam (an 認定申請). Unlike a change of status filed inside Japan, "no 推薦者表 means no permission from the Vietnamese government", and the risk that the application is not accepted, or is denied, becomes very high.

Can the procedure be done without a sending organisation?

It is extremely difficult for an individual to apply to DOLAB directly, so it is usual to ask an organisation to handle only the paperwork.

Under Vietnamese law, it is extremely difficult for an individual to apply to DOLAB for a 推薦者表 directly.

In what order should you proceed up to her return to work?

Choose the sending organisation, check the person's own documents, then prepare the 認定申請.

  1. Choose a sending organisation in Vietnam Check whether the 推薦者表 can be obtained, either through the organisation the previous company worked with or through a new one.
  2. Check the person's passport and other documents So that she can carry out the procedure in Vietnam, ask her to get ready a valid passport and, if there is one, the evaluation record (評価調書) from her previous 特定技能 period.
  3. Prepare the 認定申請 Working back from when the 推薦者表 is expected to arrive, put together the documents to be filed on the Japanese side (the employment contract and so on).

Vietnamese procedures are far more complex than those of other countries. In a re-employment case in particular, forgetting the 「推薦者表」 leads to a large loss of time, so we recommend that you consult a 行政書士 (certified administrative procedures legal specialist (gyoseishoshi)) or a 登録支援機関 (registered support organisation) early.

Frequently Asked Questions

Is the 推薦者表 needed even for re-employment by the same company?

Yes. Even where the person is returning to the same company as before, the application is an 認定申請 based on a "new employment contract". So the 推薦者表 has to be obtained again and the approval of the Vietnamese government has to be given again. There is no special rule that waives it.

Why was the procedure possible last time without a 推薦者表?

Last time is thought to have been governed by the practice at that time, or by a particular transitional measure, that applied when she changed from 「特定活動」 (or 「技能実習」) inside Japan. This time she is being brought over from Vietnam (an 認定申請), and the rules differ from those for a change of status filed inside Japan.

Can the 推薦者表 be obtained without asking a sending organisation?

Under Vietnamese law, it is extremely difficult for an individual to apply to DOLAB for a 推薦者表 directly. In practice it is usual to ask a sending organisation in Vietnam to handle only the paperwork of "the procedure for issuing the 推薦者表".

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This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.