Application for renewal of a work permit in Vietnam 2023

Application for renewal of a work permit in Vietnam 2023 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Eligibility requirements for renewal of a work permit in Vietnam

According to Article 16 of Decree 152/2020/ND-CP, eligibility requirements for renewal of a work permit include:

- 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 hereof.

- 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 in Vietnam 2023

According to Article 17 of Decree 152/2020/ND-CP, the regulations on application for renewal of a work permit are as follows:

- An application form for renewal of work permit made by the employer No. 11/PLI Appendix I appended to Decree 152/2020/ND-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 Decree 152/2020/ND-CP.

- 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.

- Any document mentioned in clauses 3, 4, 6 and 7 of Decree 152/2020/ND-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 in Vietnam

The renewal of a work permit is carried out in the following order:

- 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.

- 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 Decree 152/2020/ND-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.

(Article 18 of Decree 152/2020/ND-CP)

4. Validity period of a renewed work permit in Vietnam

According to Article 19 of Decree 152/2020/ND-CP, validity period of a renewed work permit shall coincide with any of the period/duration prescribed in Article 10 of Decree 152/2020/ND-CP but it is only renewed once for a period of up to 2 years.

Article 10. Validity period of a work permit

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.

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