The extension of work permits has different durations, however the maximum duration is 2 years. In case of expiration, it can be extended once for a maximum of 2 years. Our country is in the process of international integration, the economy is growing strongly both domestically and internationally, so foreign workers coming to work in Vietnam is becoming more and more popular. However, to ensure the balance between domestic and foreign labor sources, when foreign workers come to work in Vietnam, they must meet certain conditions. So what are the procedures for extending work permits, what documents need to be prepared to extend work permits will be presented in detail below.
Article 16 of Decree 152/2020/ND-CP issued on December 30, 2020 stipulates the conditions for extending a work permit as follows:
– The granted work permit must be valid for at least 05 days but not more than 45 days.
– The competent authority approves the need to employ foreign workers.
– Documents proving that the foreign worker continues to work for the employer according to the content of the granted work permit.
Accordingly, in some cases, employers do not need to have a written approval of the need to use foreign workers, specifically:
– The employee is the Head of a representative office, project or is primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam.
– The employee enters Vietnam for a period of less than 03 months to conduct service offerings.
– The employee enters Vietnam for a period of less than 03 months to handle complex technical or technological incidents or situations that arise and affect or threaten to affect production and business, which Vietnamese experts and foreign experts currently in Vietnam cannot handle.
– The employee is a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the provisions of the Law on Lawyers.
– The employee is a foreigner married to a Vietnamese and living in Vietnam.
– The employee is an owner or a capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more.
– The employee is the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with a capital contribution of VND 3 billion or more.
– The employee enters Vietnam to provide professional and technical consulting services or perform other tasks serving the research, construction, appraisal, monitoring, evaluation, management and implementation of programs and projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
– The employee is granted a license by the Ministry of Foreign Affairs to conduct information and press activities in Vietnam according to the provisions of law.
– Volunteers specified in Clause 2, Article 3 of Decree 125/2020/ND-CP:
– Workers entering Vietnam to work as managers, executives, experts or technical workers with a working period of less than 30 days and no more than 03 times in 01 year.
– Workers entering Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with the provisions of law.
– Students studying at schools and training institutions abroad that have internship agreements with agencies, organizations and enterprises in Vietnam; interns and trainees on Vietnamese ships.
– Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
– Have an official passport to work for a state agency, political organization, or socio-political organization.
– Person responsible for establishing a commercial presence.
– Workers certified by the Ministry of Education and Training as foreign workers entering Vietnam to teach or conduct research; Work as managers, executive directors, principals, or vice principals of educational institutions proposed to be established in Vietnam by foreign diplomatic missions or intergovernmental organizations.
The application for extension of work permit includes:
– The employer’s application for extension of work permit according to Form No. 11/PLI Appendix I of Decree 152/2020/ND-CP issued on December 30, 2020;
– 02 color photos (size 4 cm x 6 cm, white background, face looking straight, bare head, no colored glasses), photos taken within 06 months from the date of application submission;
– The issued valid work permit;
– Document approving the need to use foreign workers, except for cases where it is not necessary to determine the need to use foreign workers;
– Certified copy of passport or copy of passport with confirmation of the employer that is still valid according to the provisions of law;
– A health certificate or a health examination certificate issued by a competent foreign or Vietnamese medical agency or organization, valid for 12 months from the date of signing the health conclusion to the date of submitting the application or a certificate of good health as prescribed by the Minister of Health;
– One of the following documents proving that the foreign employee continues to work for the employer according to the content of the granted work permit:
+ For foreign employees working in the case of internal transfer within the enterprise, there must be a document from the foreign enterprise sending them to work at the commercial presence of that foreign enterprise in the territory of Vietnam and a document proving that the foreign employee has been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months.
+ For foreign employees working under contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health, there must be a contract or agreement signed between the Vietnamese partner and the foreign partner, including an agreement on the foreign employee working in Vietnam.
+ For foreign employees working under a service provider contract, there must be a service provision contract signed between the Vietnamese partner and the foreign partner and a document proving that the foreign employee has worked for a foreign enterprise without a commercial presence in Vietnam for at least 02 years.
+ For foreign employees working under a service offering contract, there must be a document from the service provider sending the foreign employee to Vietnam to negotiate the provision of services.
+ For foreign workers working for foreign non-governmental organizations or international organizations in Vietnam that are permitted to operate under the provisions of Vietnamese law, there must be a document from the agency or organization sending the foreign worker to work for the foreign non-governmental organization or international organization in Vietnam, except for cases of working under a labor contract and operating license of the foreign non-governmental organization or international organization in Vietnam under the provisions of law. + For foreign workers working as managers, executive directors, experts, technical workers, there must be a document from the foreign agency, organization, or enterprise sending the foreign worker to work in Vietnam and it must be suitable for the expected job position or documents proving that they are managers (Managers are business managers according to the provisions of the Law on Enterprises: including private enterprise owners, general partners, Chairman of the Board of Members, members of the Board of Members, Chairman of the company, Chairman of the Board of Directors, members of the Board of Directors, Directors or General Directors and individuals holding other management positions according to the provisions of the Company Charter or being the head or deputy head of the agency or organization).
Note: Work permit, document approving the need to use foreign workers, Health certificate or certificate; Documents proving that foreign employees continue to employ workers under the granted work permit must be provided in 01 original or certified copy. If they are from a foreign country, they must be consularly legalized and translated into Vietnamese, except in cases where consular legalization is exempted according to international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are both members or according to the principle of reciprocity or according to the provisions of law.
Step 1: Submit the application for extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs (Department of Employment) that issued the work permit (Employers must submit at least 05 days in advance but no more than 45 days before the work permit expires).
Step 2: Within 05 working days from the date of receipt of the complete application for extension of the work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs (Department of Employment) shall extend the work permit. In case the work permit is not extended, a written response stating the reasons shall be issued.
For foreign workers working under a labor contract, after the foreign worker’s work permit is extended, the employer and the foreign worker must sign a written labor contract in accordance with the provisions of Vietnamese labor law before the expected date of continued work for the employer.
The employer must send the signed labor contract upon request to the competent authority that extended the work permit (Department of Employment). The labor contract must be an original or a certified copy.
The time limit for processing the application as prescribed is 5 working days from the date the competent authority receives a complete and valid application.
Depending on each case, the duration of the extended work permit will vary, however, the maximum duration is 02 years.
With many years of experience in the field of legal consulting for businesses and individuals in Vietnam, BKC Law is committed to helping customers quickly complete procedures related to Work Permits for foreigners in Vietnam at the most reasonable fees.
In addition, BKC Law also accompanies customers in the following areas:
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