VI A Work Permit is considered an obligatory legal “passport” for foreign workers to work legally and long-term in Vietnam. However, according to current regulations, this permit can only be extended once for a maximum term of 02 years. This poses a difficult legal puzzle for both businesses and employees when the final extension period is about to end but the need to continue working remains. At this point, the employee cannot continue with the usual “extension” process but must perform the procedure for granting a new work permit according to a strict sequence. Delays or errors in this transition process not only lead to the risk of deportation but also cause businesses to face heavy administrative fines. To master the correct roadmap when a work permit extension expires, let’s explore the specific implementation steps with Pham Consult below.
- What must foreign workers do to continue working after their work permit extension period expires?
According to Article 29 of Decree 219/2025/ND-CP, after the initial issuance period of a foreigner’s work permit expires, if the foreign worker still wishes to continue working in Vietnam, it shall be extended according to the duration of one of the cases specified in Article 21 of Decree 219/2025/NĐ-CP. However, the extension is only granted once for a maximum term of 02 years.
After the work permit extension expires, foreign workers who wish to continue working for the employer in the same job position and field of work must perform the work permit issuance procedure as if applying for a new work permit. However, the application dossier will be more simplified compared to the initial brand-new issuance.
- Application dossier for a work permit after the extension period expires
According to Clause 3, Article 20 of Decree 219/2025/ND-CP, the application dossier for a work permit in cases where the foreign worker has already extended their work permit and wishes to continue working for the employer in the same job position and field includes the following documents:
(i) A document from the employer explaining the demand for foreign labor and requesting the issuance of a work permit;
(ii) A health certificate issued by a qualified medical examination and treatment establishment, except where health examination results have been connected and shared on the Information System for Management of Medical Examination and Treatment activities or the national health database. For health certificates issued by competent foreign medical establishments, they are used if Vietnam and the issuing country/territory have a treaty or mutual recognition agreement, and the validity of said certificate is no more than 12 months from the date of issuance;
(iii) A valid passport;
(iv) 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no glasses);
(v) Documents proving the form of employment of the foreign worker, which must be one of the following:
– A document from the foreign employer sending the worker to work at a commercial presence in Vietnam, confirming they were recruited at least 12 consecutive months prior to entering Vietnam (for intra-corporate transferees);
– A document from the employer sending the worker along with signed contracts or agreements for the implementation of economic, social contracts, or participation in bidding packages/projects in Vietnam;
– A service provision contract signed between Vietnamese and foreign partners and a document proving the foreign worker has worked for the foreign enterprise without a commercial presence in Vietnam for at least 24 months (for contractual service providers);
– For service salespersons, a document from the service provider sending the worker into Vietnam to negotiate the provision of services;
– A document from the foreign employer sending the worker to work in Vietnam suitable for the expected position (for transfers from foreign agencies/organizations/enterprises to Vietnam, excluding intra-corporate transferees);
– For Chairpersons or members of the Board of Directors of joint-stock companies, owners, or members of limited liability companies with a capital contribution value under 3 billion VND, documents proving they are managers as prescribed in Clause 1, Article 3 of Decree 219/2025/ND-CP.
(vi) A copy of the previously issued work permit;
(vii) Supporting documents for cases where the foreign worker is a manager or executive director.
Note: The dossier is simplified because the foreign worker does not need to apply for a new Criminal Record Certificate.
- Order and procedures for requesting a work permit after the extension expires
Within 60 days but no less than 10 days before the expected date the foreign worker starts working, the employer submits the application directly, via public postal services, through a service enterprise/individual, or via authorization to the Public Administrative Service Center in the locality where the worker is expected to work.
The Center transfers the dossier to the competent authority according to the “one-stop-shop” mechanism and the National Public Service Portal.
Within 10 working days from the date of receiving a complete application, the competent authority considers the demand and issues the work permit.
If the demand for foreign labor is not approved or the permit is not issued, a written response stating the reasons must be provided within 03 working days.
For workers under points (a) and (m) Clause 1 Article 2 of Decree 219/2025/ND-CP, after the permit is issued, the employer and employee must sign a written labor contract in accordance with Vietnamese labor law before the expected working date. Upon request, the employer must send a copy of the signed contract to the issuing authority.
