Have you ever wondered how long does a work permit last in Vietnam for foreigners? Let’s find out in this article with LSX Law firm!
Legal Ground
- Labor Code 2019
- Decree 152/2020/ND – CP
What is a work permit?
A work permit (work permit for foreigners working in Vietnam) is a type of document foreign workers get when they meet certain conditions under the provisions of law.
How long does a work permit last in Vietnam for foreigners?
Pursuant to Article 155 of the Labor Code 2019:
“The maximum term of a work permit is 2 years, in case of extension; it can only lengthen once for a maximum period of 2 years.”
Pursuant to Article 10 of Decree 152/2020 ND-CP; the term of a work permit depends on the following cases but must not exceed 02 years:
- The term of the labor contract expected to be signed concluded.
- Terms of the foreign party sending foreign workers to work in Vietnam.
- The duration of the contract or 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 is stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision.
- The term has been determined in the operation license of the agency, organization or enterprise.
- The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
- And, The time limit in the document proves that the foreign worker can participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
- The time limit in the written approval to employ foreign workers, except for the case where a report explaining the need to employ foreign workers is not necessary as prescribed at Point b, Clause 1, Article 4 of this Decree.
What is the extendable time of the work permit in Vietnam for foreigners?
Pursuant to Article 15 of Decree 152/2020 ND-CP, the duration of a work permit is extendable:
The term of a re-issued work permit is equal to the term of the issued work permit minus the time the foreign worker has worked up to the time of application for re-issuance of the work permit.
How long is the work permit extension?
This is a new point of the Labor Law 2019 when before there was no extension procedure and no limit on the number of re-issuance due to expiration, now according to Article 19 of Decree 152/2020 guiding the Labor Law 2019: Term of the certificate The work permit is according to the term of the issued work permit but can only lengthen once with a maximum term of 2 years.
Dossier of application for a work permit
- An application for a work permit from the employer in accordance with the regulations of the Ministry of Labor, War Invalids and Social Affairs (Form No. 11 issued together with Decree No. 152 /2020/TT-BLDTBXH);
- A health certificate or medical examination certificate that is legit for 12 months (No. 143/KCB-PHCN&GD dated February 5, 2015 of the Department of Medical Examination and Treatment – Ministry of Health promulgating a list of facilities eligible for medical examination with foreign elements according to Circular No. 14/2013/TT-BYT ) A
- valid judicial record card or certification that the foreign worker is not a criminal ; or is examined for penal liability, which is still valid from a foreign country. In case the foreign worker has been in Vietnam, a criminal record certificate issued by Vietnam is necessary;
- Documents proving that you are a manager, executive director, expert or technical worker (if any);
- Certified copy of passport or valid document in lieu of a valid passport;
- Documents related to foreign workers (for example, documents of foreign enterprises sent to work; contracts and agreements signed between Vietnamese and foreign partners…);
- Dossier of application for a work permit for some special cases (specified in Clause 9 Article 09 of Decree 152/2020 ND-CP).
The above documents include 01 certified true copy and submitted with the original for comparison. If it is a foreign language, then you must translate it into Vietnamese.
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