Eligibility requirements for renewal of a work permit in Vietnam

Eligibility requirements for renewal of a work permit in Vietnam

Eligibility requirements for renewal of a work permit are specifically stipulated in Article 16 of Decree 152/2020/ND-CP including:

- 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 Decree 152/2020/ND-CP.

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

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Eligibility requirements for renewal of a work permit in Vietnam (Internet image)

Application for renewal of a work permit in Vietnam

Application for renewal of a work permit includes:

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

(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 true copy of passport as per the law.

(6) A fitness to work certificate in accordance with clause 2 Article 9 of Decree 152/2020/ND-CP.

(7) Any document specified in clause 8 Article 9 of Decree 152/2020/ND-CP to support that the foreign worker will continues in employment with the employer as specified in the concerned work permit except for the case of foreign workers working according to the provisions of Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP.

(8) 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.

Procedures for renewal of a work permit in Vietnam

Procedures for renewal of a work permit are carried out according to the provisions of Article 18 of Decree 152/2020/ND-CP, specifically as follows:

- 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.

Mai Thanh Loi

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