A work permit is understood as a document that allows foreigners to work legally in Vietnam. After the work permit expires, if the foreigner continues to work at the licensed.unit, he/she can apply for an extension of the work permit.
With many years of experience in consulting for clients from many different .countries working in Vietnam, LawPlus would like to review the regulations on Procedures for the. Extension of Work Permits for Foreigners working in Vietnam.
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Table of Contents/Mục lục
1. Conditions for extension of work permit
Extension of work permits for foreigners can be understood as the extension of the term of a .work permit that is about to expire so that foreigners can continue to receive work permits .legally working in Vietnam according to the position, title, and employer in the work permit is about to expire.
Pursuant to Article 16 of Decree 152/2020 ND-CP, the conditions for the extension of a work permit are specified as follows:
– The issued work permit is still valid for at least 5 days but not more than 45 days.
– Having the competent authority’s approval of the need to employ foreign workers specified in Article 4 or Article 5 of this Decree.
– Documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
2. Dossier of application for extension of a work permit
Pursuant to Article 17 of Decree 152/2020 ND-CP, a dossier of applications for extension of a work permit includes:
- A written request for re-issuance of a work permit according to form No. 11/PLI Appendix I issued together with Decree No. 152/2020/ND-CP.
- 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application submission.
- A valid work permit has been issued.
- 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.
- A health certificate or medical examination certificate issued by a competent foreign or Vietnamese .medical agency or organization is valid for 12 months from the date of signing the health conclusion to the.date of submitting dossiers or certificates of sufficient health as prescribed.by the Minister of Health.
- One of the documents proving the foreign worker proves that the foreign worker continues to .work for the employer according to the content of the issued work permit.
3. The term of a work permit extension
According to the provisions of Article 19 of Decree 152/2020 ND-CP, the term of a work permit is extended according to the following time limit:
- Term of the labor contract expected to be signed.
- The duration of the foreign party sending foreign workers to work in Vietnam.
- Duration of the contract or the 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.
- A term has determine in the operation license of the agency, organization or enterprise.
- The time limit in the document of the service provider sending foreign workers into Vietnam to establish the commercial presence of that service provider.
- A time limit in the document proving that the foreign worker allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
- The time limit specified in the written approval to employ foreign workers, except for the case where a report explaining the need to employ foreign workers not require as prescribed at Point b, Clause 1, Article 4 of this Decree.
4. Procedure for renewal of work permit
– Step 1: At least 5 days but not more than 45 days before the expiry date of the work permit. Ministry of Labor – Invalids and Social Affairs (Department of Employment).
– Step 2: Within 05 working days from the day on which the complete application for work permit extension received, the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) shall renew the work permit.
In case the work permit is not renew, a written reply clearly stating the reason. For foreign workers working under a labor contract, after the foreign worker granted an extension of the work permit, the employer and the foreign worker must sign a labor contract. in writing in accordance with Vietnamese labor law before the expected date of continuing to work for the employer.
Note: The employer must send the signed labor contract upon request to the Ministry of Labor, War Invalids and Social Affairs (Department of Employment). The employment contract is the original or a certified copy.
The above is an analysis of procedures for extending work permits for foreigners working in Vietnam. With the experience of accompanying many foreign customers, LawPlus. wishes that customers can better understand the provisions of the law to apply in practice. For detailed advice, please contact LawPlus at the hotline at .+84 2862 779 399, +84 3939 30 522, or email info@lawplus.vn.
