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)
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.
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.
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.
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.
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.
Choose the sending organisation, check the person's own documents, then prepare the 認定申請.
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.
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.
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.
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 page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.