VI Renewing work permits for foreigners is an issue that many businesses and foreign workers in Vietnam are concerned about today, especially when there are many changes in regulations for extending Vietnamese work permits. South according to Decree 70/2023/ND-CP of the Government.
Legal document of application for work permit extension
Labor Code No. 45/2019/QH14 issued on December 12, 2019 takes effect from January 1, 2021
Decree No. 152/2020/ND-CP issued on December 30, 2020, effective from February 15, 2021
Circular 35/2016/TT-BCT regulates cases of work permit exemption, not subject to work permit applications for foreigners
Circular No. 23/2017/TT-BLDTBXH dated August 15, 2017 of the Ministry of Labor, War Invalids and Social Affairs Guiding the implementation of work permits for foreign workers working in Vietnam via electronic network
Decree 70/2023/ND-CP amending and supplementing a number of articles of Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam effective from September 18, 2023 by the Government.
1. What is work permit extension?
Extending a work permit for foreigners is an extension of the term of a work permit that is about to expire, so that foreigners can continue to work legally in Vietnam according to the correct position, title and employer. employer whose work permit is about to expire.
2. How many times can a work permit be renewed?
According to the provisions of Article 19, Decree 152/2020/ND-CP, work permits can only be renewed once.
If the employee, after renewing it once, wants to continue working at the enterprise in the same position, he or she must carry out the procedure for applying for a new work permit.
3. When should I renew my work permit?
Work permits need to be renewed at least 5 days before the expiration date, but not more than 45 days. Therefore, both foreign workers as well as the human resources department of the company employing foreign workers need to pay attention to the validity of the issued work permit.
4. Conditions for extending work permit
To be eligible for work permit extension, both foreign workers and foreign employers need to ensure the following conditions:
• Foreign workers must have health suitable to job requirements.
• Foreign workers must be approved by a competent state agency according to the official dispatch approving the need to use foreign workers.
• Have documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
5. Application for extension of work permit for foreigners working in Vietnam (Work Permit)
– Written request for extension of work permit from the employer according to form No. 11
– 02 color photos (size 4cm x 6cm, bare head, frontal view, clear face, clear ears, no glasses, white background), photos taken no more than 06 months at the time of application submission.
– Documents for foreign workers:
• The original issued work permit is valid at least 05 days before the date the issued work permit expires;
• Original health certificate according to regulations
• Written approval for the employment of foreign workers
Note: The work permit can only be renewed once, the next time a new one must be completed
– Depending on each specific case, a number of other documents may arise such as: “Appointment decision, qualifications, work experience, company charter, … Please contact us for advice.” specific issue.
– Degree documents issued abroad must go through consular legalization procedures according to regulations and be notarized translated into Vietnamese according to regulations.
– The work permit can only be renewed once, the next time a new one must be carried out
6. Processing time for work permit extension application
Within 05 working days from the date of receiving a complete application for work permit extension, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is attending Working on granting extended work permits to foreign workers. In case of not granting an extended work permit, there must be a written response clearly stating the reason.
7. Procedures for renewing work permits
Similar to the procedure for applying for a new work permit, the procedure for renewing a work permit for foreigners also includes the following two steps:
Step 1: Explain the need to use foreign workers
In this step, the employer will need to complete the Document explaining the change in the need to use foreign workers, Form 02/PLI, sign and stamp according to regulations.
Then, at least 30 days before the expiration date of the current work permit, the employer must submit this written explanation to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee has approved as follows. previous demand for foreign workers.
Within 10 days of completion, the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee will issue a document approving the need to use foreign workers according to Form 03/PLI.
Step 2: Apply to extend your foreign work permit
In this step, the employer and the employee prepare 01 set of documents listed in the work permit extension documents section.
Then, at least 05 days but not more than 45 days before the date of expiration of the work permit, the employer submits a dossier requesting extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. Labor – Invalids and Social Affairs has issued that work permit.
After 05 working days, the employer will receive the renewed work permit.
Similar to the procedure for applying for a new work permit, the procedure for renewing a work permit for foreigners also includes the following two steps:
Step 1: Explain the need to use foreign workers
In this step, the employer will need to complete the Document explaining the change in the need to use foreign workers, Form 02/PLI, sign and stamp according to regulations.
Then, at least 30 days before the expiration date of the current work permit, the employer must submit this written explanation to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee has approved as follows. previous demand for foreign workers.
Within 10 days of completion, the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee will issue a document approving the need to use foreign workers according to Form 03/PLI.
Step 2: Apply to extend your foreign work permit
In this step, the employer and the employee prepare 01 set of documents listed in the work permit extension documents section.
Then, at least 05 days but not more than 45 days before the date of expiration of the work permit, the employer submits a dossier requesting extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. Labor – Invalids and Social Affairs has issued that work permit.
After 05 working days, the employer will receive the renewed work permit.
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