Application for work permit extension in Vietnam

According to current law, foreign workers working in Vietnam must be granted a work permit by a competent authority. However, work permits are not unlimited but have a certain period, so if they want to continue working, foreign workers must apply for a work permit. Hereby, Viet An Law will answer clients’ questions about the application for work permit extension in Vietnam.

Legal basis

• Labor Code 2019;
• Decree No. 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam is amended by Decree 35/2022/ND-CP and Decree No. 70/2023/ND-CP;
• Decree 12/2022/ND-CP regulating penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.

What is a work permit in Vietnam?

It can be simply understood that a work permit is a type of legal document that allows workers of foreign nationality to work legally in Vietnam. A valid work permit must be issued by the state labor management agency in Vietnam.

Pursuant to Article 151 of the Labor Code 2019, foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

• Be 18 years old or older and have full civil capacity;
• Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
• Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law;
• Have a work permit issued by a competent Vietnamese state agency, except in cases where foreign workers working in Vietnam are not subject to a work permit.

Conditions for work permit extension in Vietnam

Pursuant to Article 16 of Decree No. 152/2020/ND-CP regulating conditions for extending work permits for foreign workers working in Vietnam as follows:

• The issued work permit is valid for at least 05 days but not more than 45 days.
• Approved by the competent authority for the need to employ foreign workers.
• Documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.

Thus, not every application to extend a work permit will be granted, but employees and employers need to know the above 3 conditions to get a work permit extended.

Application for work permit extension in Vietnam

Specifically, Article 17 of Decree 152/2020/ND-CP (as amended in Decree 70/2023/ND-CP) stipulates that the application for work permit extension includes:

• Written request for work permit extension of the employer according to Form No. 11/PLI Appendix I issued with Decree 152/2020/ND-CP.
• 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.
• 01 original or certified copy of the issued valid work permit.
• 01 original or certified copy of document approving the need to employ foreign workers, except in cases where the need to employ foreign workers is not required.
• Certified copy of passport or copy of passport certified by the employer that is still valid according to the provisions of law.
• 01 original or certified copy of health certificate or health examination certificate as prescribed.
• 01 original or certified copy of one of the documents related to the foreign worker to prove that the foreign worker continues to work for the employer according to the content of the issued work permit, except in the case of foreign workers working under labor contracts.

Note:

• For foreign documents, they must be consular legalized and translated into Vietnamese;
• In cases where documents are exempt from consular legalization according to international treaties to which Vietnam and the foreign country concerned are both members or according to the principle of reciprocity or according to the provisions of law.

Procedure for processing work permit extension applications

Step 1: At least 05 days but not more than 45 days before the expiration date of the work permit, the employer must apply for a work permit extension to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs has issued that work permit.

Step 2: Within 05 working days from the date of receiving a complete application for work permit extension, 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 extended, there must be a written response clearly stating the reason.

Note:

• For foreign workers working under a labor contract, after the foreign worker’s work permit is extended, the employer and the foreign worker must sign a written labor contract according to the provisions of Vietnamese labor law before the expected date of resuming work for the employer.
• The employer must send the signed labor contract upon request to the competent authority that extended the work permit. The labor contract must be an original or certified copy.

How will companies using foreign workers whose work permits have expired be handled?

Pursuant to Point b, Clause 3, Clause 4, and Clause 5, Article 32 of Decree 12/2022/ND-CP regulating the handling of violations of regulations on foreigners working in Vietnam. Accordingly, in case of using an expired work permit, foreign workers working in Vietnam and the employer are subject to administrative penalties as follows:

For foreign workers

• Main penalty: Fine from 15,000,000 VND to 25,000,000 VND.
• Additional penalty: Deportation of foreign workers working in Vietnam.

Thus, the additional penalty in this case is much more severe than the main penalty. Accordingly, deported workers may be restricted from returning to work in Vietnam for a certain time.

For employers

• For violations from 01 person to 10 people: Fine from 30,000,000 VND to 45,000,000 VND;
• For violations of 11 to 20 people: Fine from 45,000,000 VND to 60,000,000 VND;
• For violations of 21 people or more: Fine from 60,000,000 VND to 75,000,000 VND for violations of 21 people or more.

Note: The fine for the above violations is the fine applicable to individuals. The fine for organizations is equal to 2 times the fine for individuals as prescribed in Clause 1, Article 6 of Decree 12/2022/ND-CP. Thus, foreign workers and employers need to apply for an extension if their work permit has expired to avoid being fined according to regulations.

Work permit extension service in Vietnam of Viet An Law

• Legal advice on work permit issuance and work permit extension;
• Support in drafting documents and collecting documents to complete documents as required;
• Representing clients, conducting procedures at state agencies, and resolving problems during the procedure;
• Legal advice and answers to legal issues after renewing your work permit.

Above is all the information about the application for work permit extension in Vietnam. If you have any questions or need answers, please contact Viet An Law Firm to receive the best support. Best regards!