Procedure for extending work permit in Vietnam

Currently, Vietnam is increasingly integrated, so the demand for foreign experts and workers for businesses in Vietnam is increasing. But for foreigners to work legally in Vietnam for a long time, the prerequisite they need to meet is a work permit. Work permit extension for foreigners is an issue that many businesses as well as foreign workers in Vietnam are concerned about today. The following article by Viet An Law Firm will provide information on procedure for extending work permit in Vietnam in accordance with the law.

Legal basis

• Law on Social Insurance 2014;
• Decree 152/2020/ND-CP on foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam; amended and supplemented by Decree 35/2022/ND-CP and Decree 70/2023/ND-CP.

Related concepts

Foreign workers

Currently, from the perspective of the Law on Social Insurance, a “foreign worker” is “a foreign citizen working in Vietnam who has a work permit, practice certificate or practice permit issued by a competent authority of Vietnam”.

What is a work permit for foreigners?

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

What is a work permit extension for foreigners?

Work permit extension for foreigners is the extension of the term of a work permit that is about to expire so that foreigners can continue to legally work in Vietnam by the position, title, and employer in the work permit that is about to expire.

Conditions for work permit extension in Vietnam

Pursuant to Article 16 of Decree 152/2020/ND-CP, foreign workers working in Vietnam who want to extend their work permits must fully meet the following three conditions:

• The work permit that has been issued is valid for at least 05 days but not more than 45 days.
• The employer (except the contractor) has been approved by the competent authority for the need to employ foreign workers following the provisions of the law (with accompanying evidence).
• Documents proving that the foreign worker continues to work for the employer according to the content of the granted work permit.

Dossier of application for work permit extension for foreigners

According to the provisions of Article 17 of Decree 152/2020/ND-CP, a dossier of applications for work permit extension includes:

• A written request for extension of the work permit of the employer according to Form No. 11/PLI Appendix I promulgated together with this Decree.
• 02 photos (size 4 cm x 6 cm, white background, straight face, bare head, no stained glasses), photos taken not older than 06 months from the date of submission.
• A valid work permit has been issued.
• Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.
• A certified copy of a valid passport as prescribed by law.
• Health certificate or health certificate.
• One of the documents specified in Clause 8, Article 9 of this Decree proves that the foreign worker continues to work for the employer according to the contents of the granted work permit unless the foreign worker performs the labor contract:
• For foreign workers moving within the enterprise, there must be a document from the foreign enterprise sent to work at the commercial presence of that foreign enterprise in the territory of Vietnam and a document proving that the foreign worker has been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;
• For foreign workers performing various types of contracts or agreements on economy, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health, there must be a contract or agreement signed between the Vietnamese partner and the foreign side, in which there must be an agreement on the foreign worker working in Vietnam;
• For foreign workers who are contractual service providers, there must be a service provision contract signed between the Vietnamese partner and the foreign side and a document proving that the foreign worker has worked for a foreign enterprise that has not had a commercial presence in Vietnam for at least 02 years;
• For foreign workers offering services for sale, there must be a written statement from the service provider sending the foreign worker to Vietnam to negotiate the provision of services;
• For foreign workers working for foreign non-governmental organizations, international organizations in Vietnam permitted to operate under Vietnamese law must have a written statement from the agency or organization sending the foreign worker to work for the foreign non-governmental organization, international organizations in Vietnam, except for the case specified at Point a, Clause 1, Article 2 of this Decree and operation licenses of foreign non-governmental organizations and international organizations in Vietnam by law;
• For foreign workers who are managers, executives, experts, and technical workers, there must be a document from the foreign enterprise, agency, or organization sending the foreign worker to work in Vietnam and suitable to the expected position.

Note

The document must be 01 original or certified copy, if it belongs to a foreign country, it must be consular legalized and must be translated into Vietnamese, except for cases of consular legalization exemption under international treaties to which Vietnam and related countries are both contracting parties or on the principle of reciprocity or as prescribed by law.

Procedure for extending work permit in Vietnam

Step 1: Apply dossiers

At least 05 days before the expiration date of the work permit, the employer must submit a dossier of application for work permit extension to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that issued such work permit.

Step 2: Receive dossiers

Within 05 working days after receiving a complete application for a 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, a written response clearly stating the reason shall be given.

Step 3: Get an extended work permit

The Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs renews the work permit;

Step 4: Complete the application request after it is extended

• For foreign workers performing labor contracts in Vietnam, after the foreign worker is extended the work permit, the employer and the foreign worker must sign a written labor contract by the provisions of Vietnamese labor law before the expected date of continuing to work for the employer move;
• The employer must send the signed labor contract (original or certified copy) upon request to the Ministry or Department of Labor that has renewed the license.

The duration of the extended work permit

The term of the work permit is extended by the employer proposed by the employer to the work permit issuing agency but can only be extended once with a maximum term of 02 years.

Work permit extension service for foreigners of Viet An Law

• Advising on the process and procedures for work permit extension and arising issues;
• Drafting, completing dossiers and directly working with competent agencies related to work permit extension procedures;
• Monitor and supplement papers on behalf of customers upon request from competent agencies during procedures;
• Receive the results and hand over the license to the customer according to the contract

If you have related questions on dossier or procedure for extending work permit in Vietnam, please contact Viet An Law for the best support.