How long is the validity period of a work permit for foreign workers in Vietnam?

Recently, the Government of Vietnam has issued the Decree No. 152/2020/NĐ-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam. How long is the validity period of a work permit for foreign workers in Vietnam?

Thời hạn của giấy phép lao động, Nghị định 152/2020/NĐ-CP

According to Article 10 of the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, the validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:

1. Validity period of the employment contract to be signed.

2. Duration of the foreign worker’s assignment in Vietnam.

3. Duration of the contract or agreement concluded between Vietnamese and foreign partners.

4. Duration of the service contract or agreement concluded between Vietnamese and foreign partners.

5. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.

6. Validity period in the operation license of the agency, organization or enterprise.

7. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.

8. Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.

9. Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 hereof is not required.

Thus, according to this provision, the validity period of a work permit is not specified clearly but shall be depending on the period of the form of work of foreign workers working in Vietnam. However, the validity period of a work permit shall not exceed 02 years.

More details at the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, effective from February 15, 2021.

Ty Na

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