Work permits for foreign employees in Vietnam are considered as the highest legal basis to ensure the legal conditions for employees with foreign nationalities to legally work in Vietnam. Therefore, after being granted a work permit. From January 1st, 2021, the Labor Code 2019 officially takes effect, according to Article 155 of the Labor Law 2019, the period of a work permit is up to 2 years, in case of extension, only is extended once time extension, wants to continue working at the enterprise, he/she must carry out a new renewal procedure.
In case of extension of work permits
Work permit is valid for at least 05 days but not more than 45 days;
Sequence of renewal of work permits in case of expiration of work permits.
Step 1: Apply for approval of the need to recruit foreign employees
Before applying for the reissuance of a work permit to the employees according to step 2 there are 30 days, the employer must submit a written request for approval of the need to recruit foreign employees. Application includes:
Dispatch according to the following form: the official letter of recruitment demand registration drafted according to form 02 issued together with the Circular 18/2018/TT-BLDTBXH amending the circular relating to administrative procedures under the state management functions of the Ministry of Labor, War Invalids and Social Affairs.
Letter of introduction/ power of attorney (For the case that the applicant is not the legal representative of the business).
Submit directly at the one-door gadget of the approving authority or the web portal system http://dvc.vieclamvietnam.gov.vn
Processing time: 15 working days (for direct application) and 12 working days (for online application)
Step 2: Submit an application for renewal of work permit
At least 05 days in advance but not later than 45 days, before the expiration date of the work permit, the employer must submit a request for reissuance of the work permit to the Department of Labor, War Invalids and Social Affairs that issued the certificate the work permit is accompanied by a written notice of the Department of Labor, War Invalids and Social Affairs of the job position approved by the President of the provincial People’s Committee to employ the foreign worker or the document of the Chairman. The People’s Committee of the province decides on the contractor’s recruitment of the foreign workers to the positions where Vietnamese workers cannot be recruited.
Step 3: Processing documents for renewal of work permits
Within 03 working days from the date of receipt of a complete application for the extension of the work permit, the Department of Labor, War Invalids and Social Affairs shall extend the work permit. In case of not renewing work permits, a written reply clearly stating the reason.
Step 4: Sign a labor contract with the person whose work permit is extended
After the foreign employees is granted an extension of the work permit, the employer and the foreign employees must sign a written labor contract in accordance with the Vietnamese labor law before the intended date to continue to work for the employer. The contents of the labor contract must not be contrary to the contents of the extended work permit.
Paying health insurance for foreign employees. From January 1st, 2018, if a foreign employee has been granted a work permit, a practicing certificate or a practice license by a competent Vietnamese agency, it is also compulsory to participate in insurance social under the provisions of the Law on Social Insurance 2014.
Report on the use of foreign workers: currently, employers (except contractors) do not have to make periodic reports. Instead, employers will report when requested by the competent state authority.
Step 5: Send a copy of the signed labor contract and a copy of the work permit to the Department of Labor, War Invalids and Social Affairs
Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract and a copy of the work permit to the Department of Labor, Invalids and Society have renewed that work permit.
Step 6: Issue a temporary residence card according to the term of the work permit to the foreign
After the foreign employees is granted an extension of the work permit in Vietnam, the next thing is to apply for a temporary residence card for the duration of the new work permit. The maximum duration of the temporary residence card is also 02 years according to the newly renewed work permit.
Application requesting renewal of work permits
The written request for extension of the work permit of the employer according to the regulations of the Ministry of Labor, War Invalids and Social Affairs;
02 color photos (4cm x 6cm, white background, face straight, bareheaded, no colored glasses), taken within 06 months from the date of application
The work permit has been issued;
In case the work permit is lost, it must be certified by the commune–level police agency of Vietnam or by a competent foreign agency according to legal regulations
In case of changing the contents of the work permit, there must be proofs;
If the work permit is valid for at least 05 days but not more than 45 days, a health certificate or a health examination is required according to one of the documents specified in Article 10.7 of Decree 11/2016/ND-CP;
In case the foreign employees have been granted a work permit under the Government’s Decree no. 102/2013/ND-CP dated September 5th, 2013. Detailing the implementation of a number of articles of the Ministry. Labor law regarding foreign employees in Vietnam must have documents proving that they meet the requirements specified in Article 3.3, 3.4, .,5 of Decree 11/2016/ND-CP;
The duration of the work permit is issued a reissued
The duration of the work permit is granted in accordance with the term of one of the following cases but not exceeding 02 years and is only extended once.
The duration of the labor contract is expected to be signed;
The time limit of the foreign party to send the foreign employees to work in Vietnam;
The term of contract or agreement signed between Vietnamese and foreign partners;
The term of a contract or service provision agreement signed between a Vietnamese and foreign partner;
The time limit stated in the service supplier’s document appointing the foreign employees to enter Vietnam to negotiate on service provision;
The time limit has been determined in the certificates of the foreign non-governmental organizations and international organizations permitted to operate according to the provisions of Vietnamese law;
The time limit in the service provider’s written appointment of sending foreign employees to Vietnam to established a commercial presence in Vietnam.
Application for temporary residence card after being extended work permit includes:
Written request of agencies, organizations and individuals that carry out the procedures for inviting or guaranteeing (usually the employer)
Application form for temporary residence card with photo: form NA8 is issued together with Circular No. 04/2015/TT-BCA on documents related to entry, exit and declaration are signed by the applicant for temporary residence, clearly stating the full name. The guaranteeing agency or organization shall affix its seal on the border of the photo and the declaration form and affix a stamp on the other side;
Passport of the temporary residence card applicant;
Work permit of the temporary residence card applicant;
03 color photos (size 2cm x 3cm, white background, face straight, bareheaded, no colored glasses), photos were taken within 06 months from the date of application;
Certificate of temporary residence certified by the police of the commune/ward where the foreign employees temporarily reside;
Documents proving the legal status of the sponsor.
Consulting services implementing procedures to renew work permits for foreign employees of Viet An Law Firm
Consulting on registration documents for recruitment demand of foreign workers with the People’s Committee of the province/city.
Consulting on the application for extension of work permit for foreigners according to regulations;
Consulting procedure for medical examination in Vietnam in Vietnam to apply for an extension of work permits;
Completing documents to renew work permits in Vietnam for customers;
Business representatives carry out registration procedures for labor recruitment needs for foreign employees with the People’s Committee of the province/city.
Representatives of enterprises and employees to apply for renewal of work permits at competent state agencies.
Viet An Law Firm & Viet An Intellectual Property Agent who is a leading company providing legal services on commercial business and intellectual property services. We specialize in trademark registration consulting, consulting on copyright registration, trademark renewals and patenting and intellectual property disputes
Decree 70/2023/ND-CP, effective from September 18, 2023, has amended many contents of Decree 152/2020/ND-CP on employment management of foreigners in Vietnam. There are many amendments related to work permits for…