Extension of work permit? As international economic integration deepens, work is performed not only in one country but all over the world. This creates an essential need for control and regulation of labor activities while ensuring workers’ rights. Within this framework, the extension of work permits has become a hotly debated topic.
Work permit renewals not only affect the personal lives of workers, but also have far-reaching implications for both organizations and society. To better understand the importance and challenges that work permit renewal poses, let’s take a deeper look at this issue from different perspectives.
Extension of work permits for foreigners has become a concern for many companies and foreign workers in Vietnam, especially now that there are many changes to regulations regarding extension of work permits in Vietnam. According to Government Decree 152/2020/ND-CP , it will come into force from February 15 , 2021 .
Exactly :
- What is a work permit extension?
- How many times can a work permit be renewed?
- When can I extend my work permit?
- How long can a work permit be extended?
- What are the conditions for extending a work permit?
- What documents are included in the work permit extension application?
- What procedures are required to renew my work permit?
All the above questions will be answered by Quoc Bao method in this article. To better understand the issues you are wondering about renewing your work permit, please refer to the following article immediately:
Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
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Mục lục
- 1 What is a work permit extension?
- 2 How many times can a work permit be renewed?
- 3 When should I renew my work permit?
- 4 Work permit extension period
- 5 Conditions for extension of work permit
- 6 Profile update work permit
- 7 Work permit extension procedure
- 8 How is the use of an expired work permit handled?
- 9 Foreign work permit renewal service under the National Security Act
- 10 When you use Quoc Bao Law ‘s work permit extension service, you will receive the following benefits:
What is a work permit extension?
Extension of work permits for foreigners extends the term of work permits that are about to expire so that foreigners can continue to work legally in Vietnam according to their correct status, title, and employer. Expiration date is approaching.
How many times can a work permit be renewed?
According to the provisions of Article 19 of Decree 152/2020/ND-CP, a work permit can only be extended once .
If an employee wishes to continue working in the same position in the company after the expiration, he or she must apply for a new work permit.
When should I renew my work permit?
Work permits must be extended at least 5 days before expiration, but not more than 45 days. Therefore, not only foreign workers but also the human resources departments of companies employing foreign workers should pay attention to the validity period of the issued work permit.
Work permit extension period
According to Article 19 of Cabinet Order No. 152 , the extended work permit is valid for a maximum of two years, and one of the following deadlines is specified:
- The term of the labor contract will be signed .
- Deadline for foreign parties to dispatch foreign workers to work in Vietnam .
- The duration of the contract or agreement signed between the Vietnamese partner and the foreign partner .
- The term of the contract or service provision agreement signed between the Vietnamese partner and the foreign partner .
- Deadline for documentation for service providers to send foreign workers to Vietnam to negotiate the provision of services .
- The period specified in the operating license of a government agency, organization, or business .
- The deadline is stated in the documentation of the service provider sending foreign workers to Vietnam to establish a commercial base .
- Deadline for documents proving that foreign workers can participate in the operations of foreign companies that have established a commercial base in Vietnam .
- Deadlines for written approval to hire foreign workers (if required by law) .
Conditions for extension of work permit
To be eligible for a work permit extension, both the foreign worker and the foreign employer must meet the following conditions:
- Foreign workers must have a medical condition suitable for the requirements of the job .
- Foreign workers must be approved by the competent state agency pursuant to a written approval of the need to employ foreign workers .
- The foreign worker must have documentation to prove that he or she continues to work for the employer in accordance with the work permit issued .
Profile update work permit
Below is a detailed list of documents to apply for a foreign national’s work permit extension.
- Written request for extension of work permit made pursuant to Form No. 11/PLI .
- 02 A 4 x 6 cm color photo on a white background taken within the last 6 months .
- Notarized copy of the valid work permit granted;
- Written approval of the need to hire foreign workers .
- A certified copy of a valid passport (both passport and visa pages) .
- Medical certificate within 12 months (bring original/notarized copy if issued in Vietnam, consular legalized copy if examined abroad, notarized translation into Vietnamese) );
- A document certifying that a foreign worker continues to work for the employer according to the contents of the issued work permit. Foreign-issued documents must be legalized at a consulate, notarized and translated into Vietnamese .
Therefore, compared to renewing a work permit, applying for a work permit extension is easier as the applicant does not need to prepare:
- court records;
- Diploma, proof of experience .
Work permit extension procedure
Similar to the procedure for applying for a new work permit, the procedure for applying for a foreigner’s work permit extension also involves two steps :
Step 1 : Explain the need to utilize foreign workers
Form 02/PLI must be completed, signed and stamped as required.
30 days before the expiry date of the current work permit , the employer must submit this explanatory document to the Ministry of Labor, War Invalids and Social Affairs or the following approved provincial People’s Committee. N : Previously mandated foreign workers.
Within 10 business days, the Ministry of Labor, Invalids and Social Affairs or the Provincial People’s Committee will issue written approval for the need to hire foreign workers using Form 03/PLI .
Step 2: Apply for extension of foreign work permit
In this step, the employer and employee prepare a series of documents listed in the Work Permit Extension Documents section.
The employer must then submit a work permit extension application to the Ministry of Labor, Invalids and Social Affairs or the Ministry of Labor at least 5 and 45 days before the work permit’s expiration date . Labor – The Department of War Invalids and Social Affairs issued work permits.
5 working days, the employer will receive a renewed work permit.
How is the use of an expired work permit handled?
According to point b of article 32 , article 3 , article 4 and article 5 of Decree 12/2022/ND-CP on the handling of regulatory violations regarding foreigners working in Vietnam . Therefore, if an expired work permit is used, foreign workers and employers working in Vietnam will be subject to administrative sanctions as follows:
–For foreign workers :
+ Main fines : Fines from 15,000,000 VND to 25,000,000 VND .
+ Additional penalties : expulsion of foreign workers working in Vietnam.
–For employers :
+ For violations between 1 and 10 persons : fine from VND 30,000,000 to VND 4,500,000 .
+ For violations between 11 and 20 people : fines from VND 45 million to VND 60 million.
+ For violations involving more than 21 people : For violations involving more than 21 people, a fine of VND 60 million to VND 75 million.
Note : The penalty levels for the above violations are the penalty levels that apply to individuals. The level of fines for organizations corresponds to twice the level of fines for individuals as provided for in Article 6 , Paragraph 1 of Decree No. 12/2022/ND-CP .
Foreign work permit renewal service under the National Security Act
- Are you confused and unsure of the regulations regarding the extension of work permits for foreigners ?
- Do you feel that the procedures and documents for extending your work permit are too complicated?
- Don’t have time to go through the work permit renewal process all by yourself?
2007, we are proud to be a reliable partner for you and your business.
When you use Quoc Bao Law ‘s work permit extension service, you will receive the following benefits:
- Consultation on conditions and procedures for extending work permits for foreigners .
- Advice and guidance on document preparation .
- Draft all documents necessary to complete work permit extension documents .
- Consulting and guidance on medical examination procedures in Vietnam .
- Submit a written request for approval of your foreign worker needs .
- Submit a work permit extension application .
- We will receive and deliver the results of your extended work permit to you .
- Talk to us about the work you need to do after your work permit is extended .
Promptness, guarantee, punctuality and reputation are our commitment to service.
Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
Facebook fan page : https://www.facebook.com
