What are procedures for renewing a foreigner's work permit in Vietnam?

What eligibility requirements do foreigners have to meet to renew their work permits in Vietnam?

Pursuant to Article 16 of Decree 152/2020/ND-CP regulating eligibility requirements for renewal of a work permit:

Eligibility requirements for renewal of a work permit

1. The remaining validity period of the work permit is at least 5 days but not exceeding 45 days.

2. The competent authority grants an acceptance of demand for foreign workers as prescribed in Article 4 or 5 hereof.

3. A document supporting that the foreign worker will continues in employment with the employer as specified in the concerned work permit is available.

Thus, foreigners can have their work permits extended when they meet the following conditions:

- The issued work permit is valid for at least 05 days but not more than 45 days.

- Be approved by the competent authority for the need to employ foreign workers according to regulations;

- Documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.

What are procedures for renewing a foreigner's work permit in Vietnam? (Image from the Internet)

What does application for renewal of a work permit include in Vietnam?

Pursuant to Article 17 of Decree 152/2020/ND-CP amended by Clause 8, Point e, Point g, Clause 13, Article 1 of Decree 70/2023/ND-CP regulating application dossiers for work permit extension:

Application for renewal of a work permit

1. An application form for renewal of work permit made by the employer No. 11/PLI Appendix I hereto appended.

2. 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

3. The unexpired work permit.

4. An acceptance of demand for foreign workers, unless it is not required.

5. A valid Certified copy of passport or copy of passport certified by the employer as per the law.

6. A fitness to work certificate in accordance with clause 2 Article 9 hereof.

7. Any document specified in clause 8 Article 9 hereof to support that the foreign worker will continues in employment with the employer as specified in the concerned work permit.

8. Any document mentioned in clauses 3, 4, 6 and 7 hereof is 1 original or certified true copy; if a document is written in a foreign language, it must be consularly legalized, translated into Vietnamese and certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.

Thus, the application for renewal of a work permit in Vietnam includes the following documents:

- Written request for work permit renewal from the employer;

- 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.

- A valid work permit has been issued.

- Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.

- A certified copy of your passport or a copy of your passport certified by the employer that is still valid according to the provisions of law.

- Health certificate or health examination certificate as prescribed;

- One of the documents proving that the foreign worker continues to work for the employer according to the issued work permit, unless the foreign worker works under a labor contract;

What are procedures for renewal of a work permit for foreigners in Vietnam?

Pursuant to Article 18 of Decree 152/2020/ND-CP regulating procedures for renewal of a work permit:

Procedures for renewal of a work permit

1. At least 5 days but not exceeding 45 days before the expiry date of the worker permit, the employer shall submit an application for renewal of a work permit to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs which issued that work permit.

2. Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall renew the work permit. If the application is rejected, a written explanation is required.

3. For a foreign worker specified in point a clause 1 Article 2 hereof, after his/her work permit is renewed, the employer and the foreign worker must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign worker is expected to work.

The employer shall send that employment contract to the competent authority that issued that work permit. The employment contract is the original or a certified true copy.

Thus, procedures for renewal of a work permit for foreigners are as follows:

Step 1 : At least 5 days but no more than 45 days before the expiration date of the work permit, the person applying for extension of the work permit submits the application to the Ministry of Labor, War Invalids and Social Affairs (Department of Labor, War Invalids and Social Affairs).

Step 2 : Within 05 working days from the date of receipt of complete application for work permit extension, the Ministry of Labor, War Invalids and Social Affairs (Department of Labor, War Invalids and Social Affairs) extends the work permit.

- In case the work permit is not renewed, there must be a written response clearly stating the reason.

- 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 labor contract in writing according to the provisions of Vietnamese labor law before the expected date of continuing to work for the employer.

- The employer must send the signed labor contract upon request to the Ministry of Labor, War Invalids and Social Affairs (Department of Labor, War Invalids and Social Affairs).

- The labor contract is an original or a certified copy.

Best regards!