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.
Article table of contents
The Decree No. 11/2016/NĐ-CP did not regulate the renewal of work permit for foreign workers, it is implicitly understood that the renewal of work permit is the re-issuance of a work permit. However, the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government has separated renewal of work permit is the re-issuance of a work permit to avoid misunderstanding.
To be particular, according to the Decree No. 11/2016/NĐ-CP, the work permit shall be re-issued in case its validation is from 05 days to 45 days (it is usually misunderstood as the renewal of work permit). Currently, the Decree No. 152/2020/NĐ-CP has specified the renewal of work permit as following:
1. Eligibility requirements for renewal of a work permit
- The remaining validity period of the work permit is at least 5 days but not exceeding 45 days.
- The competent authority grants an acceptance of demand for foreign workers as prescribed in Article 4 or 5 of the Decree No. 152/2020/NĐ-CP.
- A document supporting that the foreign worker will continues in employment with the employer as specified in the concerned work permit is available.
2. Application for renewal of a work permit
- An application form for renewal of work permit made by the employer No. 11/PLI Appendix I appended to the Decree No. 152/2020/NĐ-CP.
- 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.
- The unexpired work permit.
- An acceptance of demand for foreign workers, unless it is not required.
- A valid certified true copy of passport as per the law.
- A fitness to work certificate in accordance with clause 2 Article 9 of the Decree No. 152/2020/NĐ-CP.
- Any document specified in clause 8 Article 9 of the Decree No. 152/2020/NĐ-CP to support that the foreign worker will continues in employment with the employer as specified in the concerned work permit.
- Any document mentioned in clauses 3, 4, 6 and 7 of the Decree No. 152/2020/NĐ-CP 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.
3. Procedures for renewal of a work permit
- 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 of Vietnam or Department of Labor, War Invalids and Social Affairs which issued that work permit.
- 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.
- For a foreign worker specified in point a clause 1 Article 2 of the Decree No. 152/2020/NĐ-CP, 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.
4. Validity period of a renewed work permit
Validity period of a renewed work permit shall coincide with any of the period/duration prescribed in Article 10 of the Decree No. 152/2020/NĐ-CP but it is only renewed once for a period of up to 2 years.
Le Hai
- Key word:
- Decree No. 152/2020/NĐ-CP
