A work permit is one of the conditions for foreign workers to work legally in Vietnam and is also a state management measure for foreign workers. In some cases, foreign workers need to extend their work permit to continue working in Vietnam. Besides work permit application and reissuance services, Viet An Law also provides work permit extension service in Vietnam. In the article below, Viet An Law will provide work permit extension service in Vietnam for foreigners according to the current law.
Legal basis
- Labor Code 2019;
- Decree 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, as amended and supplemented by Decree 70/2023/ND-CP.
- Decision 526/QD-LDTBXH on announcing newly issued administrative procedures, amending and supplementing employment fields within the scope of state management functions of the Ministry of Labor, Invalids and Social Affairs.
What is a work permit in Vietnam?
Currently, the law does not define the term of “work permit”. This can be understood as a type of legal document that allows workers of foreign nationality to work legally in Vietnam. According to the provisions of Point d, Clause 1, Article 151 of the Labor Code 2019, this is one of the conditions for foreign workers to work in Vietnam.
The term of the labor contract for foreign workers working in Vietnam must not exceed the term of the Work Permit. Foreign workers must present their work permits when requested by a competent state agency. Foreign workers working in Vietnam without a work permit will be forced to transit or expel according to the law on entry, exit, transit, and residence of foreigners in Vietnam.
The maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 02 years.
Conditions for extending work permits
The maximum term of a work permit is 02 years. At the expiration term, the employee can extend the work permit, but such an extension can be granted only once and for a maximum period of two years.
According to the provisions of Article 16 of Decree 152/2020/ND-CP, as amended and supplemented by Decree 70/2023/ND-CP, conditions for extending work permits include:
- The issued work permit is valid for at least 05 days but not more than 45 days.
- Approved by the competent authority for the demand 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.
Authority to extend work permit in Vietnam
According to Article 18 of Decree 152/2020/ND-CP, as amended and supplemented by Decree 70/2023/ND-CP, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs has competent authority to extend work permit.
Application for extension of work permit
According to the provisions of Article 17 of Decree 152/2020/ND-CP, as amended and supplemented by Decree 70/2023/ND-CP, dossiers to request work permit extension include:
- Written request to extend the employer’s work permit.
- 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.
- Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.
- Certified copy of passport or copy of passport confirmed by the employer that is still valid under Vietnamese law.
- Health certificate or health examination certificate as prescribed.
- One of the documents proving that the foreign worker continues to work for the employer according to the issued work permit.
Thus, the application for a work permit extension also includes several documents such as the work permit application, and also includes several other documents such as a health certificate or health examination certificate; the valid Work permit.
Implementation procedures
Procedures for extending work permits are carried out according to the provisions of Article 18 of Decree 152/2020/ND-CP, as amended and supplemented by Decree 70/2023/ND-CP, and specifically guided in Decision 526/QD-LDTBXH. Specifically, this includes:
The order of execution
Step 1: Apply for the work permit extension
At least 5 days but not more than 45 days before the expiration date of the work permit, the applicant submits an 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 the work permit.
Step 2: Processing documents
- 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 renewed, there must be a written response clearly stating the reason.
Submit form
The applicant applies directly or via postal service or applies to online public service (if any) to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).
Fees and charges
- In cases licensed by the Ministry of Labor, Invalids and Social Affairs: No fee.
- In cases licensed by the Department of Labor, Invalids and Social Affairs: According to regulations in Circular No. 85/2019/TT-BTC dated November 29, 2019, of the Ministry of Finance guiding on fees and charges Work permit extension falls under the deciding authority of the People’s Council of provinces and centrally run cities. Therefore, depending on each locality, the fee will be different.
- For example, according to Resolution 06/2020/NQ-HDND, as amended and supplemented by Resolution 13/2021/NQ-HDND, the applicable fee in Hanoi is 300,000 VND, in case submitting a work permit extension application online (level 3 public service): 250,000 VND/1 license.
Results of implementing administrative procedures: Extend work permits for foreign workers.
Obligations of the employer after renewing the work permit
- For foreign workers working under labor contracts, after the foreign worker’s work permit is extended, the employer and foreign worker must sign a labor contract in writing according to the provisions of Vietnamese labor law before the expected date of continuing to work for the employer.
- The employer must send the signed labor contract upon request to the Ministry of Labor, Invalids and Social Affairs (Department of Employment). The labor contract must be an original or certified copy.
Procedure for implementing work permit extension service at Viet An Law
Step 1: Clients contact Viet An Law Firm and provide information related to their need to use the service;
Step 2: Viet An Law receives requests and information about the customer’s need to extend the Work Permit, and notifies the customer of legal service fees;
Step 3: Both parties sign a legal service contract on work permit extension;
Step 3: Consulting on documents and procedures for extending Work Permits, listing the list of papers and documents that customers need to provide to Viet An Law to complete the application;
Step 4: Representing Clients to submit documents to the competent authority and monitor documents throughout the processing process;
Step 6: Receive the work permit receipt and hand it over to the clients;
Step 7: Support procedures after renewing the Work Permit.
Work permit extension service of Viet An Law
- Legal advice on issuance of Work Permits and extension of Work Permits;
- 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.
If you have any related questions or need support with documents and procedures for work permit extension service in Vietnam, please contact Viet An Law for the best support!
