Procedures for extending work permits in Vietnam

Procedures for extending work permits in Vietnam. Work permits for foreigners in Vietnam are considered the highest legal basis to ensure legal conditions for workers with foreign nationality to work legally in Vietnam. Therefore, after being granted a work permit in Vietnam, foreigners who continue to work at the licensed unit after its expiration date can have their work permit renewed. Please refer to the following article of the National Security Law to better understand this regulation.

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 VietnamContact 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/luatquocbao

Gmail: luatquocbao.vn@gmail.com

Procedures for extending work permits in Vietnam

Dossier to request work permit extension includes:

Written request to extend the employer’s work permit according to regulations of the Ministry of Labor, War Invalids and Social Affairs;

02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), taken no more than 06 months before the date of application;

Work permit has been issued;

In case the work permit is lost, there must be confirmation from the commune-level police agency of Vietnam or a competent foreign agency according to the provisions of law;

In case of changing the content written on the work permit, there must be supporting documents;

In case the work permit is valid for at least 05 days but not more than 45 days, there must be a health certificate or health examination certificate according to one of the documents specified in Clause 6, Article 17 of Decree 152/ 2020/ND-CP;

In case foreign workers have been granted work permits according to the provisions of 11/2016/ND-CP of the Government detailing the implementation of a number of articles of the Labor Code on foreign workers working in In Vietnam, there must be documents proving that they meet the requirements as prescribed in Article 9 of Decree 152/2020/ND-CP;

Procedures for extending a work permit in case of expiration of a work permit include the following steps:

Step 1: Please approve the need to recruit foreign workers

Before submitting the application to re-issue a work permit for the employee according to step 2, the employer must submit a written request for approval of the need to recruit foreign workers within 30 days.

Application for approval of the need to recruit foreign workers when renewing a work permit

Official letter in the following form:

Official letter registering recruitment needs drafted according to form 02 Appendix 01 Issued together with Decree 152/2020 ND-CP;

Letter of introduction/authorization (For cases where the applicant is not the legal representative of the business).

Submit application at:

Submit directly to the 1-stop department of the approval agency or the electronic information portal system http://dvc.vieclamvietnam.gov.vn

Processing time: 15 working days (for applications submitted in person) and 12 working days (for applications submitted online)

Step 2: Submit application for work permit extension

At least 05 days but not more than 45 days before the date of expiration of the work permit, the employer must submit an application for re-issuance of the work permit to the Department of Labor, War Invalids and Social Affairs that issued the permit. That work permit is accompanied by a written notification from the Department of Labor, War Invalids and Social Affairs about the job position approved by the Chairman of the Provincial People’s Committee to employ foreign workers or a document from the Chairman of the Committee. The provincial People’s Committee decides whether the contractor can recruit foreign workers for jobs that cannot recruit Vietnamese workers.

Step 3: Processing work permit extension application

Within 05 working days from the date of receiving a complete application for work permit extension, the Department of Labor, War Invalids and Social Affairs shall extend the work permit. In case of not renewing the work permit, respond in writing and clearly state the reason.

Step 4: Sign a labor contract with the person whose work permit is extended

After the foreign worker’s work permit is extended, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the expected date. continue to work for the employer. The content of the labor contract must not be contrary to the content stated in the renewed work permit.

Pay health insurance for foreign workers. From January 1, 2018, foreign workers who have been issued a work permit, practice certificate or practice license by a competent Vietnamese agency are also required to participate in insurance. social insurance according to the provisions of the Law on Social Insurance 2014.

Reporting on the use of foreign workers: Currently, employers (except contractors) are not required to implement a periodic reporting regime. Instead, the employer will report when requested by a competent state agency.

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 and War Invalids. and the Society has renewed that work permit.

Step 6: Issue a temporary residence card according to the term of the work permit for foreigners

After the foreign worker has his/her work permit extended in Vietnam, the next thing is to apply for a temporary residence card according to the term of the new work permit. The maximum duration of a temporary residence card is also 02 years according to the newly renewed work permit.

Application for temporary residence card under extended work permit

• Written request from the agency, organization or individual carrying out invitation and guarantee procedures (usually the employer)
• Application form for temporary residence card with photo: Form NA8 issued together with Circular No. 04/2015/TT-BCA Regulating sample documents related to entry, exit, and residence of foreigners in Viet Nam. This declaration is signed by the person requesting temporary residence status, stating their full name. The guaranteeing agency or organization stamps the photo and declaration on both sides and stamps on the other side;
• Passport of the person applying for a temporary residence card;
• Work permit of the person applying for a temporary residence card;
• 03 color photos (size 2cm x 3cm, white background, straight face, bare head, no colored glasses), taken no more than 06 months before the date of application;
• Certificate of temporary residence certified by the Commune/Ward Police where the foreigner temporarily resides;
• Documents proving the legal status of the guarantee unit.

Some questions related to work permit extension

Conditions for extending work permit?

The issued work permit is valid for at least 05 days but not more than 45 days.

Approved by the competent authority for the need to employ foreign workers.

There are enough documents to prove that the foreign worker continues to work for the employer according to the content of the issued work permit.

Number of times to renew work permit and extension period of work permit?

From January 1, 2021, when the 2019 Labor Code officially takes effect, the maximum term of the work permit is 2 years (Article 155 of the 2019 Labor Code). In case the work permit expires, when renewing, it can only be renewed once for a maximum period of 02 years. Thus, if the employee, after renewing it once, wants to continue working at the enterprise, he or she must carry out the procedure for a new work permit.

What is the duration of the work permit?

The term of the Work Permit is issued according to the term of the documents signed between the employer and employee but must not exceed 02 years and can only be extended once. Accordingly, the documents signed between the employer and the employee to renew the work permit also need to have an appropriate duration. Specifically, the following documents can only be valid for no more than 02 years. According to the term of the renewed work permit:

Term of the labor contract expected to be signed;

Duration of the foreign party sending foreign workers to work in Vietnam;

Term of contract or agreement signed between Vietnamese and foreign partners;

Term of contract or service provision agreement signed between Vietnamese and foreign partners;

The deadline stated in the document of the service provider sending foreign workers to Vietnam to negotiate service provision;

The term has been determined in the certificate of the foreign non-governmental organization or international organization permitted to operate according to the provisions of Vietnamese law;

Duration in the service provider’s document sending foreign workers to Vietnam to establish a commercial presence of that service provider;

Time limit in the document proving that the foreign worker is allowed to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam.

Consulting services and implementation of work permit extension procedures for foreigners of Quoc Bao Law Firm

• Consulting on documents to register the need to recruit foreign workers with the Provincial/City People’s Committee.
• Consulting on applications to extend work permits for foreigners according to regulations;
• Consulting on health examination procedures in Vietnam to apply for work permit extension;
• Complete work permit extension documents in Vietnam for customers;
• Enterprise representatives carry out procedures to register labor recruitment needs for foreigners with the Provincial/City People’s Committee.
• Representatives of businesses and employees carry out procedures to apply for work permit extension at a competent state agency.

Consulting services and carrying out work permit extension procedures for foreigners is one of the professional services that Quoc Bao Law Firm provides. We are committed to supporting our customers through this process to ensure they can continue to work in Vietnam legally. Below are some specific services we provide:

1. **Consulting on regulations and procedures for extending work permits:** We will advise you on specific regulations and procedures related to extending work permits for foreigners, including including documentation requirements, deadlines, and necessary conditions.
2. **Collect and prepare documents:** We will help you collect and prepare complete and accurate documents to submit to the authorities. This includes planning the collection of necessary documents and verifying their legitimacy.
3. **Representation and submission:** Quoc Bao Law Firm will represent you during the application process and communicate with authorities, ensuring that all procedures are carried out properly and according to regulations.
4. **Monitor the renewal progress:** We will monitor the work permit renewal progress and notify you of any developments or changes related to your case.
5. **Support in case of legal issues:** If any legal issues arise during the work permit renewal process, we will provide support and legal advice necessary to resolve the situation.

With rich experience and knowledge in this field, Quoc Bao Law Firm is committed to providing high quality services to ensure that you and your expats can continue to work in Vietnam legally. legal and safe.

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/luatquocbao

Gmail: luatquocbao.vn@gmail.com