Extension of Work Permit for Foreigners in Vietnam

The extension of a work permit has varying durations; however, the maximum duration is 2 years. In cases where the permit expires, it may be extended once with a maximum duration of 2 years. Vietnam is in the process of international integration, and the economy is developing strongly both domestically and internationally; therefore, the presence of foreign workers in Vietnam is becoming increasingly common. However, to ensure a balance between domestic labor resources and foreign labor, foreign workers entering Vietnam to work must satisfy certain conditions. The procedures for extending a work permit, as well as the required documents, are presented in detail below.

I. Conditions for extension of a work permit

Article 16 of Decree 152/2020/NĐ-CP issued on December 30, 2020, stipulates the conditions for extension of a work permit as follows:
– The issued work permit still has at least 05 days but no more than 45 days remaining before expiration.
– Approval of the demand for employment of 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.

Accordingly, in certain cases, the employer is not required to have a document approving the demand for employment of foreign workers, specifically:
– The foreign worker is the Head of a representative office, project, or holds primary responsibility for the activities of an international organization or foreign non-governmental organization in Vietnam.
– The foreign worker enters Vietnam for a period of less than 03 months to offer services.
– The foreign worker enters Vietnam for a period of less than 03 months to handle incidents, complex technical or technological situations that arise and affect or pose a risk of affecting production or business, which cannot be handled by Vietnamese experts or foreign experts currently in Vietnam.
– The foreign worker is a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
– The foreign worker is married to a Vietnamese citizen and resides in the territory of Vietnam.
– The foreign worker is the owner or capital-contributing member of a limited liability company with a contributed capital value of VND 3 billion or more.
– The foreign worker is the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a contributed capital value of VND 3 billion or more.
– The foreign worker enters Vietnam to provide professional and technical consulting services or perform other tasks serving research, construction, appraisal, monitoring, evaluation, management, and implementation of programs and projects using official development assistance (ODA) in accordance with regulations or agreements in international treaties on ODA signed between competent Vietnamese authorities and foreign parties.
– The foreign worker is granted a permit for information and press activities in Vietnam by the Ministry of Foreign Affairs in accordance with the law.
– Volunteers as stipulated in Clause 2, Article 3 of Decree 125/2020/NĐ-CP:
– The foreign worker enters Vietnam to work in a managerial, executive director, expert, or technical worker position for a period of less than 30 days and no more than 03 times in 01 year.
– The foreign worker enters Vietnam to implement international agreements signed by central or provincial agencies or organizations in accordance with the law.
– Students or pupils studying at schools or training institutions abroad under internship agreements with agencies, organizations, or enterprises in Vietnam; trainees or apprentices on Vietnamese ships.
– Family members of members of foreign representative agencies in Vietnam who are permitted to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a party.
– Holders of official passports working for state agencies, political organizations, or socio-political organizations.
– Persons responsible for establishing a commercial presence.
– Foreign workers recognized by the Ministry of Education and Training as entering Vietnam to teach or conduct research; to serve as managers, executive directors, principals, or vice-principals of educational institutions established at the request of foreign diplomatic missions or intergovernmental organizations in Vietnam.

II. Dossier for application to extend a work permit

The dossier for application to extend a work permit includes:
– Application for extension of the work permit by the employer using Form No. 11/PLI in Appendix I of Decree 152/2020/NĐ-CP issued on December 30, 2020;
– 02 color photos (size 4 cm x 6 cm, white background, full face, bare head, no tinted glasses), taken no more than 06 months prior to the dossier submission date;
– The currently valid work permit previously issued;
– Document approving the demand for employment of foreign workers, except in cases where determination of the demand is not required;
– Certified copy of the passport or a copy of the passport confirmed by the employer, still valid as prescribed by law;
– Health certificate or medical examination certificate issued by a competent medical authority of a foreign country or of Vietnam, valid within 12 months from the date of the health conclusion to the date of dossier submission, or a certificate confirming 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 the case of intra-company transfer, there must be a document from the foreign enterprise dispatching the worker to work at the commercial presence of that foreign enterprise in the territory of Vietnam, and a 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 education, or medical contracts or agreements, there must be a contract or agreement signed between the Vietnamese partner and the foreign party, which includes an agreement on the foreign worker performing work in Vietnam.
+ For foreign workers working as service providers under a contract, there must be a service provision contract signed between the Vietnamese partner and the foreign party, and a document proving that the foreign worker has worked for the foreign enterprise without a commercial presence in Vietnam for at least 02 years.
+ For foreign workers working in the case of offering services, there must be a document from the service provider dispatching the foreign worker to Vietnam to negotiate the provision of services.
+ For foreign workers working for foreign non-governmental organizations or international organizations permitted to operate in Vietnam in accordance with Vietnamese law, there must be a document from the agency or organization dispatching the foreign worker to work for the foreign non-governmental organization or international organization in Vietnam (except in cases of employment under a labor contract), and the operating permit 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, there must be a document from the foreign agency, organization, or enterprise dispatching the foreign worker to work in Vietnam and which is consistent with the intended job position, or documents proving managerial status (A manager is a person managing an enterprise as prescribed by the Law on Enterprises: including sole proprietorship owners, general partners, Chairman of the Members’ Council, Members of the Members’ Council, Chairman of the company, Chairman of the Board of Directors, Members of the Board of Directors, Director or General Director, and individuals holding other managerial positions as prescribed in the company’s charter, or the head or deputy head of an agency or organization).

Note: The work permit, document approving the demand for employment of foreign workers, health certificate or medical examination certificate, and documents proving that the foreign worker continues to work for the employer in accordance with the issued work permit must be provided as 01 original or certified copy. If issued abroad, they must be consular legalized and translated into Vietnamese, except in cases where consular legalization is exempted under international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both parties, under the principle of reciprocity, or as prescribed by law.

III. Procedures for extension of a work permit

Step 1: Submit the application dossier for extension of the work permit to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs (Department of Employment) that issued the work permit (The employer must submit at least 05 days but no more than 45 days before the expiration date of the work permit).
Step 2: Within 05 working days from the date of receipt of a complete application dossier for extension of the work permit, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs (Department of Employment) shall extend the work permit. In case of non-extension, a written reply stating the reasons shall be provided.

For foreign workers employed under a labor contract, 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 date the foreign worker is scheduled to continue working for the employer.

The employer must send the signed labor contract (as required) to the authority that extended the work permit (Department of Employment). The labor contract must be the original or a certified copy.

IV. Processing time for the dossier and validity period of the work permit for foreigners in Vietnam

The processing time for the dossier is 5 working days from the date the competent authority receives a complete and valid dossier.

Depending on the specific case, the validity period of the extended work permit may vary; however, the maximum duration is 02 years.

V. Work permit extension services for foreigners in Vietnam at BKC Law

With many years of experience in providing legal consulting services to enterprises and individuals in Vietnam, BKC Law commits to assisting clients in promptly completing procedures related to work permits for foreigners in Vietnam at the most reasonable fees.

In addition, BKC Law also accompanies clients in the following areas:

• Dispute resolution
• Foreign-invested enterprise establishment services
• Comprehensive post-establishment corporate services
• Legal services for individuals and families
• Services for foreigners / Overseas Vietnamese