THE EXTENSION PROCEDURES FOR WORK PERMITS FOR FOREIGN WORKERS IN VIETNAM

Work permit extensions for foreigners are one of the most interesting cases for many enterprises and foreign workers in Vietnam currently. Thus, What are cases that need to extend work permits for foreign workers? What documents does an application contain? Where and how are the procedures implemented? and How long does it take to apply for extensions for these work permits?

I. The need for  work permit extensions for foreigners

With the development and integration of the global economy, international emigration is one of the top-ranking interests for many nations. This issue creates a significant number of international workers moving to different countries to seek working opportunities, and thus, the labor market in Vietnam is also becoming more lively and diverse. Besides, when foreign employees (foreign workers) work in any country, they also need work permits for foreigners; and work permit extensions will also help both employers and employees cooperate to work with each other for a long time. Therefore, work permit extensions are extremely important for foreign employees (foreign workers) when working in Vietnam or other countries around the world.

II. Regulations related to work permit extensions for foreign workers in Vietnam

1. Why do foreign workers need to extend their work permits?

When work permits expire, people who have their names on these work permits have to apply for extensions if they want to continue working in Vietnam. However, if foreigners don’t have work permits, they will be considered illegal workers and be expelled from the Vietnamese territory. Besides, companies and enterprises hiring illegal workers will also be settled according to the Law.

2. Documents and procedures for extending work permits for foreigners in Vietnam

Pursuant to Article 17 of Decree 152/2020/ND-CP, an application for extending work permits will contain the following documents:

• A proposal for extending work permits for foreign workers;
• Two (02) color photos [(size 4cm x 6cm), white background, straight face, uncovered head, uncolored glasses] under six (06) months until the day of submission;
• A validly granted work permit;
• A document approving the demand for using foreign workers, except for cases that don’t need to determine this demand.
• An authenticated copy of ab valid passport according to the Law ;
• A health certificate or a medical certificate;
• Other documents demonstrating foreign workers continuously work for employers according to the contents of granted work permits.

The procedures for applying for work permit extensions for foreigners are stipulated, as follows:

• Step 1: Preparation for extension applications
• Step 2: Submitting the extension applications to the competent authorities.

Within five (05) working days from the date of receiving full extension applications, the Ministry of Labour, War Invalids and Social Affairs of the Department of Labour, War Invalids and Social Affairs will perform the work permit extensions. If these authorities don’t extend work permits for foreigners, they will have notice documents and specific reasons.

• Step 3: Receiving a new work permit.

3. Which authorities have the competence to extend work permits for foreign workers?

Authorities that have the competence to extend work permits for foreign workers are the Ministry of Labour, War Invalids and Social Affairs or the Department of Labour, War Invalids and Social Affairs where these work permits are granted in advance.

III. Questions and answers related to work permit extensions

1. How often can work permits be extended for foreign workers?

Pursuant to Article 155 of the Labor Code 2019 and Article 19 of Decree 152/2020/ND-CP, as follows:

• The duration of work permits will be extended according to the duration of one of the cases prescribed by Article 10 of this Decree, but extensions are only performed once with a maximum duration of two (02) years.

Therefore, work permits for foreigners are only extended once with a maximum duration of two (02) years. After expiring work permit extensions, if companies still want to hire those foreign workers, they have to apply for re-granting work permits at the Department of Labour, War Invalids and Social Affairs.

2. Whether work permit extensions have to pay any fees or not?

According to Decision 526/QD-LDTBXH, as follows: “the work permit extensions for foreign workers in Vietnam will not be paid any fees or charges.” 

3. How long are work permit extensions performed?

The time for work permit extensions is five (05) working days from the date authorities fully receive the above valid applications according to the Law.

These are all information related to work permit extensions for foreign workers as prescribed by Vietnamese Law. Please don’t hesitate to contact us if the clients have any further questions.

NPLAW is proud to be a prestigious law firm unit and has the trust and belief of clients, enterprises, and individuals. NPLaw specializes in providing legal services all-around relating to domestic and abroad investments such as Enterprise, Real Estate, Intellectual Property, Labor; Drafting Consultation, negotiations and concluding support for the Commercial Contract, domestic and abroad Service Contract; consultations and support for implementing licensed procedures for licenses, etc,. NPLaw, with our professional Lawyers and Specialists, we have the full ability to consult with and support customers as they implement the above procedures. Along with the slogan “Your benefits - Our Priority”, NPLaw definitely becomes the accurate and safe choice for your legal issues.  

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