Procedures for Extending Work Permits for Foreign Workers in Central-Level Positions in Vietnam - Latest 2024 Guidelines
Process for Renewing Work Permits for Foreign Workers in Vietnam at the Central Level in 2024
Based on the provisions of Subsection 4, Section A, Part 2 of the amended and supplemented administrative procedures in the field of employment within the state management function of the Ministry of Labor - Invalids and Social Affairs, issued together with Decision 1560/QD-LDTBXH of 2023, the procedure is specified as follows:
Procedure Name: “Renewal of Work Permit for Foreign Workers in Vietnam”
4.1. Process:
- Step 1: At least 5 days but not more than 45 days before the expiry date of the work permit, the applicant submits a dossier requesting the renewal of the work permit to the Ministry of Labor - Invalids and Social Affairs (Department of Employment).
- Step 2: Within 5 working days from the date of receipt of the complete dossier requesting the renewal of the work permit, the Ministry of Labor - Invalids and Social Affairs (Department of Employment) will renew the work permit. In case the work permit is not renewed, a written response with a clear reason will be provided.
For foreign workers working under labor contracts, after the foreign worker is granted the work permit extension, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the expected date of continuing to work for the employer.
The employer must send the signed labor contract as required to the Ministry of Labor - Invalids and Social Affairs (Department of Employment). The labor contract must be the original or a certified copy.
4.2. Method of implementation: Through public postal service or online or directly to the Ministry of Labor - Invalids and Social Affairs (Department of Employment).
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Thus, the process for renewing work permits for foreign workers in Vietnam at the Central level in 2024 includes the following steps:
Step 1: At least 5 days but not more than 45 days before the expiry date of the work permit, the applicant submits a dossier requesting the renewal of the work permit through public postal service or online or directly to the Ministry of Labor - Invalids and Social Affairs (Department of Employment).
Step 2: Within 5 working days from the date of receipt of the complete dossier requesting the renewal of the work permit, the Ministry of Labor - Invalids and Social Affairs (Department of Employment) will renew the work permit.
Note: In case the work permit is not renewed, a written response with a clear reason will be provided.
After the foreign worker is granted the work permit extension, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the expected date of continuing to work for the employer.
The employer must send the signed labor contract as required to the Ministry of Labor - Invalids and Social Affairs (Department of Employment). The labor contract must be the original or a certified copy.
Process for Renewing Work Permits for Foreign Workers in Vietnam at the Central Level in 2024
What are the conditions for renewing a work permit?
Based on the provisions of Article 16 of Decree 152/2020/ND-CP, the conditions for renewing a work permit are as follows:
Conditions for renewing a work permit
- The issued work permit must be valid for at least 5 days but not more than 45 days.
- The competent authority has approved the need to employ foreign workers as stipulated in Article 4 or Article 5 of this Decree.
- Documents proving that the foreign worker will continue to work for the employer as stated in the issued work permit.
Thus, the conditions for renewing a work permit include:
- The issued work permit must be valid for at least 5 days but not more than 45 days.
- The competent authority has approved the need to employ foreign workers according to the regulations.
- Documents proving that the foreign worker will continue to work for the employer as stated in the issued work permit.
What is the duration of the renewed work permit?
Based on the provisions of Article 19 of Decree 152/2020/ND-CP, the duration of the renewed work permit is as follows:
Duration of the renewed work permit
The duration of the renewed work permit corresponds to the duration of one of the cases specified in Article 10 of this Decree but can only be extended once with a maximum duration of 2 years.
Thus, after being renewed, the duration of the work permit corresponds to the duration of one of the cases specified in Article 10 of Decree 152/2020/ND-CP and can only be extended once with a maximum duration of 2 years.
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