Extension form for work permit in Vietnam

For foreigners in Vietnam, a work permit is considered the highest legal basis to ensure legal conditions for people with foreign nationalities to live and work legally in Vietnam. Therefore, to create chances for foreigners to continue working at licensed units when their work permit expires, they can have their work permit extended. To get an extension, foreigners working in Vietnam need extension form for work permit in Vietnam.

Legal basis

Decree 152/2020/ND-CP prescribes foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam amended and supplemented by Decree 70/2023/ND-CP;

What is the application form for an extension of work permit in Vietnam?

An extension of work permit in Vietnam is currently an issue of concern to many foreign workers and businesses. The application form for an extension of a work permit was created to allow foreign workers or businesses to request the competent State authority to extend work permits for foreigners. The application form for an extension of a work permit includes 3 parts, specifically:

• Part 1: information related to the enterprise, the basis for requesting re-issuance of work permits, information about workers requesting re-issuance of work permits;
• Part 2: describes the training process of foreign workers in Vietnam;
• Part 3: describes the working process of foreign workers: working location, position, title.

Conditions for extension of a work permit in Vietnam

Foreign workers and foreign employers need to ensure the conditions specified in Article 16 of Decree 152/2020/ND-CP to extend their work permits, specifically:

• The foreign worker has the eligible health condition for work.
• A competent agency approves the demand for employment of foreign workers.
• There are papers proving that the foreign worker continues to work for the employer under the issued work permit.

Extension form for work permit in Vietnam

The application form for an extension of work permit is issued in form 11/PLI Decree 152/2020/ND-CP.

The validity period of an extended work permit

The validity period of a work permit must not exceed 2 years and equals:

• The term of the labor contract to be signed.
• The period during which the foreign worker sent to Vietnam by the foreign partner will work.
• The contract term or agreement signed between the Vietnamese and foreign partners.
• The term of the service provision contract or agreement signed between the Vietnamese and foreign partners.
• The period stated in the service provider’s document sending the foreign worker to Vietnam to negotiate on service provision.
• The period stated in the operation license of the foreign worker-employing agency, organization, or enterprise.
• The period stated in the service provider’s document sending the foreign worker to Vietnam to establish its commercial presence.
• The period stated in the document proving that the foreign worker is permitted to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam;
• The period stated in the document on approval of employment of the foreign worker, unless it is not required to make an explanatory report on the demand for employment of foreign workers

Procedures for extending a work permit in Vietnam

According to Article 18 of Decree 152/2020/ND-CP, to extend a work permit, the employer or employee must follow the following order:

• Between 5 days and 45 days before a work permit expires, the employer shall submit a dossier of request for extension of a work permit to the Ministry of Labor, Invalids and Social Affairs or provincial Department of Labor, Invalids and Social Affairs that has issued such work permit.
• Within 5 working days after receiving a complete dossier of request for extension of a work permit, the Ministry of Labor, Invalids and Social Affairs or provincial-level Department of Labor, Invalids and Social Affairs shall extend the work permit. In case of refusal to extend the work permit, it shall issue a written reply clearly stating the reason.
• For a foreign worker working in Vietnam under a labor contract after his/her work permit is extended, he/she and his/her employer shall sign a labor contract in written form under Vietnam’s labor law before the date he/she is expected to continue working for the employer.

The employer shall send the signed labor contract to the competent agency that has extended such work permit. Labor contracts may be originals or certified copies.

Dossier of request for extension of a work permit in Vietnam

• An employer’s written request for an extension of a work permit, made according to Form No. 11/PLI provided in Appendix I to this Decree.
• Two color photos (sized 4 cm x 6 cm, white background, front facing, bareheaded, no sunglasses) taken no more than 6 months before the date of dossier submission.
• The issued work permit that remains valid.
• The document on approval of the demand for employment of foreign workers, unless it is not required to determine the demand for employment of foreign workers.
• A certified copy of the foreign worker’s passport that remains valid under law.
• A health certificate specified in Clause 2, Article 9 of this Decree.
• One of the papers specified in Clause 8, Article 9 of this Decree proves that the foreign worker continues to work for the employer under the issued work permit.
• The papers may be originals or certified copies; foreign-language papers shall be consular legalized and translated into Vietnamese unless they are exempt from consular legalization under treaties to which the Socialist Republic of Vietnamese and concerned foreign countries are contracting parties or on the principle of reciprocity or by law.

Consulting services on the application form for an extension of work permit in Vietnam of Viet An Law Firm

• Support and advise on applications to extend work permits for foreigners according to the provisions of law;
• Support medical examination procedures in Vietnam to apply for extension of work permits;
• Representatives of businesses and employees carry out procedures for renewing work permits at competent state agencies
• Support in consulting documents to register foreign labor recruitment needs with the Provincial/City People’s Committee;
• Support in completing work permit extension documents in Vietnam

Clients who need advice on issues related to the extension form for work permit in Vietnam, please contact Viet An Law Firm for the fastest support.