Extension of work permits for foreigners

What is the procedure for work permit extension?

When the work permit expires, the foreigner cannot continue to work at the company, and at the same time cannot renew the temporary residence card in Vietnam. Vietnam Chris Travel shares the procedure for work permit extension according to the latest regulations for your reference.

What to do when the work permit expires?

As a rule,  a work  permit  is a diploma issued by a labor management agency to an enterprise confirming information related to the use of foreign workers in the company. Therefore, when the work permit expires and the company continues to hire foreigners to work, it must apply for an extension of the work permit term.

Pursuant to Article 155 of the Labor Code 2019: Work permits can only be renewed once with a maximum term of 02 years. After the work permit is renewed:

• For foreign workers working under labor contracts, after being extended their work permits, the Company and the foreign workers must sign a written labor contract in accordance with Vietnamese labor law before the expected date of continuing to work for the Company.
• The company must send the signed labor contract upon request to the competent authority that has renewed such work permit. The employment contract is the original or certified copy.

What are the conditions for work permit extension?

According to Decree  151/2020/ ND_CP  work  permits  issued before the effective date of this Decree  are not allowed to carry out extension procedures. Conditions for work permit extension are detailed in Article 16 of the Decree as follows:

Article 16. Conditions for Work Permit Extension

1. The granted work permit is valid for at least 05 days but not more than 45 days.
2. The demand for employing foreign workers specified in Article 4 or Article 5 of this Decree is approved by a competent authority.
3. Documents proving that the foreign worker continues to work for the employer according to the content of the granted work permit.

In fact, the duration of the work permit always coincides with the duration of the visa, temporary residence card that foreigners are using, so in case enterprises wait until the work permit is close to expiration to carry out the procedures, they will often encounter problems because foreigners cannot extend their visa to continue residing in Vietnam.

Work Permit Extension Process

• Step 1: Apply for approval of the need to employ foreign workers at least 30 days in advance from the date of continuing to hire foreigners.
• Step 2: Medical examination for foreigners who need to extend their work permit.
• Step 3: Submit an application for work permit extension when the permit is valid for at least 05 days but not more than 45 days.
• Step 4: Pay the work permit extension fee
• Step 5: Get a work permit from the one-stop shop.

The time for carrying out the work permit extension procedure will expire about 20 working days, so the person carrying out the procedure needs to calculate a reasonable time to submit the application so that the working and residence process of the foreigner is not interrupted.

Work permit extension dossier to prepare

Pursuant to Article 17 of Decree 152/2020/ND-CP, the application for work permit extension will include the following documents:

1. Written request for extension of work permit by the employer accordingly.
2. 02 color photos of 4 cm X 6 cm.
3. A valid work permit has been issued.
4. Written approval of the need to employ foreign workers.
5. A certified copy of a valid passport as prescribed by law.
6. The health certificate is valid for 6 months.
7. Criminal Record No. 1
8. One of the documents specified in Clause 8, Article 9 of this Decree proves that the foreign worker continues to work for the employer according to the content of the granted work permit.
9. The papers specified in Clauses 3, 4, 6 and 7 of this Article are 01 original or certified copy, if foreign, they must be consular legalized and must be translated into Vietnamese, except for cases of consular legalization exemption under international treaties to which the Socialist Republic of Vietnam and the concerned foreign countries are contracting parties or on the principle of reciprocity or as prescribed by law.
10. Legalized bachelor degree
11. Legalized   experience certificate

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