Can foreigners extend their work permit when the passport has expired in Vietnam?
Many foreigners working in Vietnam nowadays. When their passports come to the expire time, some still want to stay in Vietnam to work. If the foreigner’s passport has expired, can they extend their work permits? This question may confuse many people if they do not understand clearly the law. So, in this article, LSX legal firm would like to answer the question: “Can foreigners extend their work permit when the passport has expired in Vietnam?”
Legal grounds
- Decree 82/2020/ND-CP
- Decree 152/2020/ND-CP
- Law on Labor 2019
Foreign workers in Vietnam
Employees as foreign citizens work in Vietnam in the following forms:
- Firstly, performance of labor contracts;
- Secondly, working within the enterprise;
- Thirdly, performing various types of economic contracts or agreements; commerce, finance, banking, insurance, science and technology, culture, sports, education; vocational and medical education;
- Fourthly, contracted service providers;
- Also, offering services;
- Working for a foreign NGO; international organizations in Vietnam permitted to operate in accordance with Vietnamese law;
- Seventhly, volunteers;
- Persons responsible for establishing a commercial presence;
- Managers, executives, experts, technical workers;
- Participating in the implementation of bidding packages and projects in Vietnam;
- Lastly, relatives of members of foreign representative missions in Vietnam allowed to work in Vietnam according to the provisions of international treaties; of which the Socialist Republic of Vietnam is a member.
Work permit for foreigners
Foreign workers working in Vietnam having foreign nationals must meet the following conditions:
- Firstly, 18 years or older and have full civil act capacity;
- Secondly, having professional qualifications, techniques, skills, and working experience; with good health as prescribed by the Minister of Health;
- Thirdly, not in the period of serving the penalty or not having the criminal record cleared; or examining for penal liability in accordance with foreign laws, or Vietnamese law;
- Fourthly, having a work permit issued by a competent Vietnamese state agency; except for the case that foreign workers working in Vietnam not eligible for work permits.
The term of the labor contract for foreign workers working in Vietnam must not exceed the term of the work permit. When employing foreign workers to work in Vietnam; The two parties may agree to enter into a definite-term labor contract many times.
Foreign workers working in Vietnam must comply with Vietnamese labor laws; and protected by Vietnamese law; unless otherwise provided for by an international treaty in which the Socialist Republic of Vietnam participates.
So, If the foreigner’s passport has expired, the work permit cannot be renewed.
Procedure for renewal of work permit
At least 05 days but not more than 45 days before the expiry date of the work permit; The employer must submit an application for extension of a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that has issued the work permit.
Within 05 working days from the date of receipt of complete dossiers of application for extension of work permits; The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall extend the work permit. In case the work permit is not renewed, a written reply clearly stating the reason shall be sent.
For foreign workers specified at Point a, Clause 1, Article 2 of Decree 152, after the foreign workers receive an extension of the work permit; then the employer and foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the expected date of continuing to work for the employer.
Besides, the employer must send the signed labor contract upon request to the competent authority that extended the permit.
Dossier of application for extension of work permit
According to the provisions of Article 17 of Decree 152/2020/ND-CP; the dossier of application for extension of work permit includes:
- An application form for renewal of work permit made by employer No. 11/PLI Appendix I hereto appended.
- 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
- The unexpired work permit.
- An acceptance of demand for foreign workers, unless it is not required.
- A valid certified true copy of passport as per the law.
- A fitness to work certificate in accordance with clause 2 Article 9 hereof.
- Any document specified in clause 8 Article 9 hereof to support that the foreign worker will continue in employment with the employer as specified in the concerned work permit.
- Any document mentioned in clauses 3, 4, 6, and 7 hereof is 1 original or certified true copy; if a document is written in a foreign language, it must be consular legalized, translated into Vietnamese, and certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.
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Related questions
Firstly, The work permit ceases to be effective as prescribed in clauses 1, 2, 3, 4, 5, 6 and 7 Article 156 of the Labor Code.
Secondly, The employer or the foreign worker fails to comply with this Decree.
Thirdly, The foreign worker, during his/her employment in Vietnam, fails to abide by Vietnam’s law which compromises security and social order.
Employers of foreign workers include:
Enterprises operating in accordance with the Law on Enterprises, the Law on Investment or international treaties to which the Socialist Republic of Vietnam is a signatory;
Bidders making bids or performing contracts;
Representative offices, branches of enterprises, agencies or organizations licensed by the competent authorities;
Regulatory agencies, political organizations, sociopolitical organizations, sociopolitical professional organizations, social organizations or socio-professional organizations;
Foreign non-governmental organizations licensed by competent authorities of Vietnam in accordance with the Vietnam’s laws;
Public sector entities, educational institutions established as per the law;
International organizations, offices of foreign projects in Vietnam; agencies and organizations licensed by the Government, the Prime Minister, ministries or central authorities as per the law;
Executive offices of foreign investors in business cooperation contracts or those of foreign contractors awarded operating licenses by the law;
Law-practicing organizations in Vietnam as per the law;
Cooperatives and cooperative unions established and operated in accordance with the Law on cooperatives; and
Household businesses and individuals licensed to do business in accordance with the law.
– Firstly, the valid work permit is lost.
– Secondly, the work permit is damaged.
– Lastly, change of last name and surname, nationality, passport number, working location stated in the valid work permit.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Can foreigners extend their work permit when the passport has expired in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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