Work Permit Renewal in Vietnam

Work permits in Vietnam have a limited validity period, and the renewal process is subject to strict requirements. Securing a valid work permit is a crucial requirement for foreign nationals seeking employment in Vietnam. However, the process of renewing work permits can be complex and time-consuming. In this article, Viet An Law introduces our comprehensive work permit renewal services in Vietnam, designed to help you navigate the intricacies of Vietnamese labor regulations.

Term of work permit

According to the provisions of Article 10 of Decree 152/2020/ND-CP, the term of the work permit will be issued according to the term of one of the nine cases below but must not exceed 02 years.

• Term of the labor contract expected to be signed.
• Deadline for foreign parties to send foreign workers to work in Vietnam.
• Term of contract or agreement signed between Vietnamese and foreign partners.
• Term of contract or service provision agreement signed between Vietnamese and foreign partners.
• Deadline stated in the document of the service provider sending foreign workers to Vietnam to negotiate service provision.
• The term has been determined in the operating license of the agency, organization or enterprise.
• Duration in the document of the service provider sending foreign workers to Vietnam to establish a commercial presence of that service provider.
• Time limit in the document proving that the foreign worker is allowed to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam.
• Time limit in the written approval to use foreign workers, except in cases where a report explaining the need to use foreign workers is not required according to the provisions of law.

Conditions for work permit renewal in Vietnam

Article 16 of Decree 152/2020/ND-CP stipulates the conditions for foreign workers to extend their work permits as follows:

• The employee’s issued work permit must be valid for at least 5 days but not more than 45 days.
• The competent authority approves the foreign employer’s need to use foreign workers.
• Documents proving that the foreign worker continues to work for the employer according to the issued work permit.

Application for extension/ renewal of work permit in Vietnam

Clients using the full work permit extension service, please provide the following documents so that Viet An Law can prepare complete documents by the law:

• 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.
• A valid work permit has been issued by a competent authority in Vietnam.
• Document approving the need to use foreign
• Certified copy of valid passport.
• Health certificate or health examination certificate issued by a competent medical agency or organization that is still valid for 12 months.
• Documents proving that the foreign worker continues to work for the employer according to the contents of the work permit (such as labor contract).

Note:

In cases where the need to use foreign workers is not determined, there is no need to provide written approval.

Accept a health certificate or health examination certificate that can be issued by a competent medical agency or organization abroad.

Documents (except passport) must be 01 original or certified copy. If the document is from a foreign country, it must be consular legalized and translated into Vietnamese, unless legalization is exempted according to international treaties to which Vietnam and related foreign countries are members or according to the principle of reciprocity or according to the provisions of law.

Procedures for work permit renewal in Vietnam

Step 1: Prepare documents and submit them to the competent authority

After receiving the information and documents sent by the Client, Viet An Law will prepare a complete set of documents and apply for a work permit extension.

The agency competent to extend a work permit is the agency that issued the work permit:

• Ministry of Labor, War Invalids and Social Affairs
• Department of Labor, Invalids, and Social Affairs of provinces and centrally run cities.

Step 2: The competent authority receives and extends the work permit

In case the dossier is complete and meets the requirements, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs will extend the work permit within 05 working days from the date receive the complete documents.

In case the work permit extension application is not accepted, the competent authority will respond in writing and clearly state the reason for non-renewal.

Note: In case of an extension to implement the labor contract, after the work permit is extended, the foreign worker and the foreign employer must send the original or a copy of the signed contract to the competent authority that extended the work permit.

The term of the renewed work permit

Foreign workers are allowed to extend their work permit once for a maximum period of no more than 02 years.

Frequently Asked Questions

Can a work permit expire if it expires?

According to the provisions of Clause 1, Article 156 of the Labor Code 2020, an expired work permit will be considered invalid and revoked by the competent state agency. Therefore, in case the work permit expires, the procedure for renewing the work permit will not be possible.

Can the work permit be reissued?

According to the provisions of Article 12 of Decree 152/2020/ND-CP, foreign workers working in Vietnam are allowed to apply for a work permit reissue in the following cases:

• Lost valid work permit;
• The valid work permit is damaged;
• Employees who change the following information: full name, nationality, passport number, work location, change the business name but do not change the business code recorded in the valid work permit will be allowed to work permit reissuance.

In what cases is the work permit revoked?

Foreign workers working in Vietnam will have their work permits revoked in the following cases:

• The work permit expires according to the provisions of the law;
• The employer or foreign employee fails to comply with the law;
• Foreign workers do not comply with Vietnamese law, affecting security, order, and social safety while working in Vietnam.

Comprehensive work permit renewal service of Viet An Law

• Services for applying and reissuing work permits for foreign workers;
• Consulting on legal issues related to labor and work permits for foreign workers;
• Consulting on procedures and locations to apply for a health certificate to apply for a work permit;
• Consulting on cases that are not subject to a work permit and carrying out procedures for applying for confirmation that a work permit is not required;
• Drafting and registration for labor contracts, labor regulations in Vietnam.

If you need advice or learn more about work permit extension procedures, please contact Viet An Law Firm for the best support.