9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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When an enterprise or organization wishes to continue employing foreign workers, extending the work permit is an essential and indispensable step. To ensure this process proceeds smoothly and lawfully, all relevant parties must prepare complete dossiers and fulfill financial obligations related to extension fees. Below is a detailed guide on the required documents and implementation steps, helping enterprises and foreign workers clearly understand the procedure and protect their legitimate rights during their employment period in Vietnam.
The duration of the work permit is granted in accordance with the term of the documents signed between the employer and the foreign worker, but not exceeding 02 years, and may only be extended once. Accordingly, the documents signed between the employer and the foreign worker for work permit extension must also have a term not exceeding 02 years, specifically:
Article 16 of Decree 152/2020/ND-CP dated December 30, 2020, prescribes the conditions for extending a work permit as follows:
– The issued work permit remains valid for at least 05 days but not more than 45 days.
– Approval of the demand to use foreign workers has been granted by the competent authority.
– Documents proving that the foreign worker continues to work for the employer in accordance with the content of the previously issued work permit.
Effective from January 1, 2021, when the Labor Code 2019 came into force, the maximum duration of a work permit is 02 years (Article 155 of the Labor Code 2019). Upon expiration, a work permit may be extended only once for a maximum term of 02 years. Therefore, if the foreign worker wishes to continue working for the enterprise after the single extension expires, a new work permit application must be submitted.
The dossier for requesting extension of a work permit includes:
– Written request for extension of the work permit by the employer according to Form No. 11/PLI in Appendix I of Decree 152/2020/ND-CP dated December 30, 2020;
– 02 color photos (size 4cm x 6cm, white background, full face, bare head, no colored glasses), taken within the last 06 months from the date of dossier submission;
– The currently valid work permit;
– Document approving the demand to use foreign workers, except for cases exempted from demand determination;
– Certified copy of passport or copy of passport confirmed by the employer, still valid as prescribed by law;
– Health certificate or medical examination certificate issued by competent medical authorities in the foreign country or in Vietnam, valid within 12 months from the date of health conclusion to the date of dossier submission, or certificate of sufficient health as prescribed by the Minister of Health;
One of the following documents proving that the foreign worker continues to work for the employer in accordance with the content of the previously issued work permit:
+ For foreign workers working in intra-company transfer cases: document from the foreign enterprise dispatching the worker to work at its commercial presence in Vietnam and document proving that the foreign worker has been employed by that foreign enterprise for at least 12 consecutive months prior to working in Vietnam.
+ For foreign workers working under economic, commercial, financial, banking, insurance, scientific-technical, cultural, sports, education, vocational training, or medical contracts or agreements: contract or agreement signed between the Vietnamese and foreign partners, including agreement on the foreign worker’s employment in Vietnam.
+ For foreign workers working under service contracts: service contract signed between the Vietnamese and foreign partners and document proving that the foreign worker has worked for the foreign enterprise without commercial presence in Vietnam for at least 02 years.
+ For foreign workers working in service negotiation cases: document from the service provider dispatching the foreign worker to Vietnam to negotiate service provision.
+ For foreign workers working for foreign non-governmental organizations or international organizations permitted to operate in Vietnam: document from the agency or organization dispatching the foreign worker to work for the foreign non-governmental organization or international organization in Vietnam, except for cases working under labor contracts, and the operating certificate of the foreign non-governmental organization or international organization in Vietnam as prescribed by law.
+ For foreign workers working as managers, executive directors, experts, or technical workers: document from the foreign agency, organization, or enterprise dispatching the foreign worker to work in Vietnam, consistent with the intended job position, or document proving managerial status (Manager means the person managing the enterprise as prescribed by the Enterprise Law: including sole proprietorship owner, general partner, Chairman of the Members’ Council, Members of the Members’ Council, Company Chairman, Chairman of the Board of Directors, Members of the Board of Directors, Director or General Director, and other managerial positions as prescribed in the company charter, or head or deputy head of agencies or organizations).
Note: Work permit, document approving the demand to use foreign workers, health certificate or medical examination certificate, and document proving continued employment must be submitted in 01 original or certified copy. If issued abroad, they must be consular legalized and translated into Vietnamese, except where exempted from legalization under international treaties to which Vietnam and the relevant country are parties, or under the principle of reciprocity, or as prescribed by law.
| Submission Method | Processing Time | Fee | Description |
| In person | 05 working days | Fee: 0 VND | From the date of receipt of complete and valid dossier as prescribed. |
| Online | 05 working days | Fee: 0 VND | From the date of receipt of complete and valid dossier as prescribed. |
– **Step 1**: At least 05 days but not more than 45 days before the work permit expires, the applicant submits the dossier for extension to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).
– **Step 2**: Within 05 working days from receipt of complete and valid dossier for work permit extension, the Ministry of Labor, Invalids and Social Affairs (Department of Employment) extends the work permit. If extension is not granted, a written reply stating the reasons shall be issued. For foreign workers employed under labor contracts, after the 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 of continued employment. The employer must send the signed labor contract to the Ministry of Labor, Invalids and Social Affairs (Department of Employment) as required. The labor contract must be original or certified copy.
BKC Law provides professional support services for extending work permits for foreign workers, ensuring the extension process is carried out quickly and efficiently. We assist you from dossier preparation and submission to handling legal procedures and meeting competent authority requirements. With our experienced team of lawyers, BKC Law is committed to delivering high-quality services, helping you save time and avoid unnecessary risks in maintaining the legal status of foreign workers.
To receive free legal consultation at BKC Law, please contact our lawyers using the following information:
Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City
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41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41