VI Foreigners working in Vietnam require them to have a work permit. When the work permit is about to expire, renewal is required to maintain the legality of the job. The procedure for renewing a work permit is not only a legal obligation but also an important step to ensure stability in the work and life of foreign workers in Vietnam. Therefore, employees and employers need to clearly understand the relevant legal regulations, prepare complete documents and comply with the correct procedures to avoid unnecessary legal risks.
1. General regulations on work permits for foreigners working in Vietnam
A work permit (hereinafter referred to as “Work Permit”) is a document issued by a competent authority allowing a foreigner to legally work in Vietnam. The work permit clearly states information about the employee, including full name, passport number, date of birth, nationality; name and address of the organization where the person works, and work position. The validity of the work permit is granted according to the validity of one of the cases specified in Article 10 of Decree No. 152/2020/ND-CP of the Government but not exceeding 02 years.
According to the provisions of law, when the work permit is about to expire but the foreigner still needs to continue working in Vietnam, the unit employing the foreigner must apply for a work permit extension.
2. Conditions for extension of work permits for foreigners working in Vietnam
Article 16 of Decree No. 152/2020/ND-CP of the Government on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam stipulates the conditions for extension of work permits for foreigners working in Vietnam, specifically as follows:
– The issued work permit is still valid for at least 05 days but not more than 45 days.
– The competent authority approves the need to employ foreign workers as prescribed in Article 4 or Article 5 of Decree 152/2020/ND-CP.
– Documents proving that the foreign worker continues to work for the employer according to the content of the issued work permit.
Accordingly, foreign workers who meet the above conditions will have their work permits extended. The term of the work permit is extended according to the term of one of the cases specified in Article 10 of Decree 152/2020/ND-CP but can only be extended once with a maximum term of 02 years.
3. Application for extension of work permit for foreigners working in Vietnam
According to Article 17 of Decree 152/2020/ND-CP (amended and supplemented in 2023), the application for extension of work permit for foreigners working in Vietnam includes the following types of documents:
(i) The employer’s written request for extension of work permit according to Form No. 11/PLI Appendix I issued with Decree 152/2020/ND-CP;
(ii) 02 color photos (size 4 cm x 6 cm, white background, face looking straight, bare head, no colored glasses), photos taken within 06 months from the date of application submission;
(iii) Valid work permit that has been issued;
(iv) Document approving the need to use foreign workers, except for cases where it is not necessary to determine the need to use foreign workers;
(v) Certified copy of passport or copy of passport with confirmation from the employer that is still valid according to the provisions of law;
(vi) Health certificate or health examination certificate as prescribed in Clause 2, Article 9 of Decree 152/2020/ND-CP;
(vii) One of the documents specified in Clause 8, Article 9 of Decree 152/2020/ND-CP proving that the foreign employee continues to work for the employer according to the content of the granted work permit, except for the case where the foreign employee works according to the provisions of Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP.
Note: The documents specified in Points (iii), (iv), (vi) and (vii) above are 01 original or certified copy. If they are from a foreign country, they must be consularly legalized and translated into Vietnamese and notarized or authenticated, except in cases where consular legalization is exempted according to an international treaty to which the Socialist Republic of Vietnam and the foreign country concerned are both members or according to the principle of reciprocity or according to the provisions of law.
4. Procedures for extending work permits for foreigners working in Vietnam
Step 1: Request approval for the need to recruit foreign workers
Before submitting an application for extending a work permit for a foreign worker, the employer must submit an application for a document approving the need to employ foreign workers, except in cases where it is not necessary to determine the need to employ foreign workers.
The competent authority will review the application within 10 working days and will issue a document approving the need to employ foreign workers to the employer.
Step 2: Submit an application for extending a work permit
At least 05 days but no more than 45 days before the expiry date of the work permit, the employer must submit an application for extension of the work permit to the Ministry of Home Affairs or the Department of Home Affairs that issued the work permit.
Within 05 working days from the date of receipt of the complete application for extension of the work permit, the Ministry of Home Affairs or the Department of Home Affairs shall extend the work permit. In case the work permit is not extended, a written response must be issued stating the reasons.
For foreign workers as prescribed in Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP, after the foreign worker has his/her work permit extended, the employer and the foreign worker must sign a written labor contract in accordance with the provisions of Vietnamese labor law before the expected date of continued work for the employer. The employer must send the signed labor contract as requested to the competent authority that extended the work permit. The employment contract is an original or a certified copy.
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