PROCEDURES FOR EXTENSION OF WORK PERMIT FOR FOREIGN WORKERS IN VIETNAM

Work Permit for foreigners is a type of permit that allows foreigners to work legally in Vietnam. It is an important legal document for foreign workers working in Vietnam. Renewal of work permits is a matter of concern to many businesses and foreign workers in Vietnam, especially when there are many changes in regulations on the extension of work permits in Vietnam according to the law Labor force 2019 and Decree 152/2020/ND-CP of the Government. So what is a work permit extension? What is the extension procedure? What does the extension file include? In this article, AZLAW will present an overview of the work permits extension for foreign workers.

What is a work permit extension?

Extension of a work permit for a foreigner is an extension of the term of an expired work permit so that a foreigner can continue to work legally in Vietnam according to the correct position, title, and user.

Conditions for extension of work permit

Article 16 of Decree 152/2020/ND-CP stipulates the conditions for a work permit extension, which are:

The issued work permit is valid for at least five days but not more than 45 days.

To be approved by the competent authority to employ foreign workers specified in Article 4 or Article 5 of this Decree.

Papers prove that the foreign worker continues to work for the employer according to the contents of the issued work permit.

Dossier of application for extension of work permit

To extend a work permit, the employer and the foreign worker need to prepare the following documents:

• The employer’s written request for extension of the work permit, made according to Form No. 11/PLI, Appendix I issued together with Decree 152/2020/ND-CP.
• 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos were taken within 06 months from the date of application.
• The valid work permit has been granted.
• Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.
• Certified copy of valid passport as prescribed by law.
• Health certificate or medical examination certificate as prescribed in Clause 2, Article 9 of Decree 152/2020/ND-CP.
• One of the documents specified in Clause 8 Article 9 of Decree 152/2020/ND-CP proves that the foreign worker continues to work for the employer according to the content of the issued work permit.

Note: The papers specified in Clauses 3, 4, 6, and 7 of this Article are 01 original or a certified copy. If they are from a foreign country, they must be consular legalized and translated into Vietnamese, unless otherwise specified are exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and related foreign countries are members, or on the principle of reciprocity or as prescribed by law.

Procedure for renewal of work permit

Step 1: Apply for approval of the need to recruit foreign workers

Before applying for a work permit extension, the employer needs to complete the Document explaining the change in demand for foreign workers. Then, at least 30 days before the expiry date of the current work permit, the employer must submit this Explanatory Document to the Ministry of Labor, War Invalids and Social Affairs or the approved Provincial People’s Committee as follows: demand for foreign workers in the past.

Step 2: Submit a work permit extension application

At least 05 days but not more than 45 days before the expiry date of the work permit, the employer must apply for an extension of the work permit to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – War Invalids and Social Affairs issued that work permit.

Step 3: Process a work permit renewal application

Within 05 working days from the date of receipt of complete dossiers of application for work permit extension, the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall renew the work permit. In case the work permit is not renewed, a written reply clearly states the reason.

Step 4: Sign a labor contract with the person whose work permit is extended

After being granted an extension of the work permit, the employer and the foreign worker must sign a written labor contract under Vietnamese labor law before the expected date continues to work for the employer. The content of the labor contract must not contradict the contents of the extended work permit.

Step 5: Send a copy of the signed labor contract and a copy of the approved work permit to the Department of Labor, War Invalids and Social Affairs

Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract and a copy of the approved work permit to the Department of Labor, War Invalids, and Social Affairs.

How many times can a work permit be renewed?

According to the provisions of Article 19 of Decree 152/2020/ND-CP, a work permit can only be extended once. In case the work permit was extended, the foreign worker continues to work at the enterprise in the same position, he has to apply for a new work permit.

The term of a work permit is based on the term of the documents signed between the employer and the employee but must not exceed two years and can only be extended once. Accordingly, the documents signed between the employer and the employee for the extension of the work permit also need to have an appropriate time. Specifically, the following documents can only have a term of no more than two years according to the term of the extended work permit:

• The term of the labor contract is expected to be signed;
• The term of the foreign party sending foreign workers to work in Vietnam;
• The duration of the contract or agreement signed between the Vietnamese and foreign partners;
• The duration of the contract or service provision agreement signed between the Vietnamese and foreign partners;
• The time limit stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision;
• The time limit has been specified in the certificate of the foreign non-governmental organization or international organization permitted to operate under the Vietnamese law;
• The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider;
• The time limit in the document proves that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.

As such, AZLAW has introduced all information about the extension of work permits for foreigners in Vietnam, including documents, procedures, and deadlines. If you want advice on renewing your work permit or using the work permit extension service at AZLAW, please don’t hesitate to contact us at Hotline: 0987.748.111 or email: info@azlaw.com.vn.

With many years of experience in the field of work permits, our work permit service will surely make you satisfied.