To work in Vietnam, foreign workers need to meet a lot of strict conditions. One of them is the requirement of the work permit; a legal document of the state which gives permission for foreign workers to work in Vietnam in a number of professions, in various cases for a limited time. After a period of working, if there’s a need to continue working; Foreign workers must apply for a work permit extension. However, how is this procedure done? What conditions need to be met? Let’s find out in this article with LSX Law firm.
- Labor Code 2019
- Decree 152/2020/ND-CP What is
Extension of a work permit?
Extension of work permits for foreigners; is the extension of the expiry date of the work permit so that the foreigner can continue working legally in Vietnam in the right position; title and employer in the work permit that is about to expire.
Conditions for applying for a work permit extension?
To be eligible for an extension, both foreign workers and foreign employers need to ensure the following conditions:
- Foreign workers must be in good health for the job requirements.
- Competent state agency must be approve by a c through a written approval of the need to employ foreign workers.
- Having documents proving that the foreign worker continues to work for the employer in accordance with the contents of the issued work permit.
Time limit for renewal of license.
According to the provisions of Article 19; refer to the provisions of Article 10 of Decree 152/2020/ND-CP, The extended work permit has a maximum term of 2 years and is chosen from one of the following terms:
- The expected duration of a future labor contract.
- The duration foreign workers are sent to Vietnam to work by the foreign partners.
- The term of the contract or agreement signed between the Vietnamese partner and the foreign partner.
- The duration of the contract or service provision agreement signed between the Vietnamese partner and the foreign partner.
- The term in the document in which the service provider sends foreign workers into Vietnam to negotiate service provision.
- The duration stated in the operation license of the agency, organization or enterprise.
- The term stated in the document in which the service provider sends the foreign worker to Vietnam to establish a commercial presence.
- The duration in the document proving the foreign worker can participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
- The duration in the written approval of the need to employ foreign workers
Dossier to carry out procedures for extension of work permits for foreigners in Vietnam.
- 02 color photos 4*6cm, white background, taken within the last 06 months;
- A notarized copy of a valid work permit;
- Written approval of the need to employ foreign workers;
- Certified copy of valid passport (both passport page and visa page);
- Health certificate of health examination within the last 12 months (if issued in Vietnam, bring the original/certified true copy, if examined abroad, it must be a consular legalized copy; translated into Vietnamese and notarized );
- Documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit. Papers issued by foreign countries must be consular legalized and notarized translated into Vietnamese.
- The employer’s written request for extension of the work permit, made according to Form No. 11/PLI,
Procedures for extension of a Procedures for extension of work permits for foreigners in Vietnam.
Step 1: Explain the need to use foreign workers
In this step, the employer will need to complete the Document explaining the change in demand for foreign workers according to the form specified in form 02/PLl Decree 152/2020/ND-CP; signed and stamped as prescribed.
Then, at least 30 days before the expiry date of the current work permit, the employer must submit this Explanatory Note to the Ministry of Labor, Invalids and Social Affairs, or the Provincial People’s Committee that had approved the first request to use foreign workers.
Within 10 working days, the Ministry of Labor, War Invalids and Social Affairs; or the Provincial People’s Committee will issue a written approval of the need to employ foreign workers according to regulations.
Step 2: Submit application for extension at the competent authority
In this step, the employer and the employee prepare 01 set of documents as above.
Then, in least 05 days but not more than 45 days before the work permit expires; The employer submits a set of dossiers of request for extension of the term of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the work permit.
After 05 working days, the employer will receive the extended work permit.
Finally, hope this article helps you.
Also, If you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.
Frequently Asked Questions
When should I renew the working permit?
You need to extend the work permit at least 5 days before the expiration date; but not more than 45 days. Therefore, both the foreign worker as well as the human resources department of the company employing the foreign worker need to pay attention to the expiry date of the issued work permit.
How many times can a work permit be renewed?
According to the provisions of Article 19, Decree 152/2020/ND-CP, you can only extend a work permit once.
What agency can extend the term of the license?
Under normal circumstances; When it is necessary to carry out procedures for extending the term of the work permit, the Ministry of Invalids and Social Affairs shall; or the Department of Labor, War Invalids and Social Affairs where the person works will have this authority.