Procedures for renewing work permits for foreign workers working in Vietnam

Procedures for renewing work permits for foreign workers working in Vietnam (Internet image)

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

Procedures for renewing work permits for foreign workers working in Vietnam are guided in Decision 1560/QD-LDTBXH 2023 as follows:

1. Application for renewal of work permit for foreign workers working in Vietnam

Application for renewal of work permit for foreign workers working in Vietnam includes:

(1) Written request for work permit renewal by the employer according to Form No. 11/PLI Appendix I issued with Decree 152/2020/ND-CP.

(2) 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 06 months before the date of application.

(3) A valid work permit has been issued.

(4) Document approving the need to employ foreign workers, except in cases where the need to employ foreign workers is not required.

(5) Certified copy of a passport or a copy of a passport certified by the employer that is still valid according to the provisions of the law.

(6) Health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months, from the date of signing the health conclusion to the date of submitting the application or certificate of good health according to the regulations of the Minister of Health.

(7) 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
In the form of a labor contract:

- For foreign workers moving within the enterprise, there must be a document from the foreign enterprise sending them to work at that foreign enterprise's commercial presence in Vietnamese territory and a document proving that the foreign worker has been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;

- For foreign workers entering Vietnam to carry out all types of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health, there must be a contract. contract or agreement signed between Vietnamese and foreign partners, including an agreement on foreign workers working in Vietnam;

- For foreign workers who are contractual service providers, there must be a service provision contract signed between the Vietnamese and foreign partners and documents proving that the foreign worker has worked for foreign enterprises that have not had a commercial presence in Vietnam for at least 02 years;

- For foreign workers entering Vietnam to offer services, there must be a document from the service provider sending the foreign worker to Vietnam to negotiate service provision;

- For foreign workers working for foreign non-governmental organizations and international organizations in Vietnam that are allowed to operate in accordance with Vietnamese law, there must be a document from the agency or organization sending foreign workers to work for foreign non-governmental organizations or international organizations in Vietnam, except in cases where foreign workers work under contract and labor and operation licenses of foreign non-governmental organizations and international organizations in Vietnam according to the provisions of law;

- For foreign workers who are managers, executives, experts, or technical workers, there must be a document from a foreign agency, organization, or enterprise that sends a foreign worker to work in Vietnam and is suitable for the expected job position or documents proving that they are managers.

(8) Documents specified in Clauses 3, 4, 6 and 7 above are 01 original or certified copy, if from a foreign country, must be consularly legalized, translated into Vietnamese, and notarized or authenticated, unless consular legalization is exempted according to international treaties to which the Socialist Republic of Vietnam and related foreign countries are members, or according to the principle of reciprocity, or according to the provisions of law.

2. Procedures for renewing work permits for foreign workers working in Vietnam

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

- Step 2: Within 05 working days from the date of receiving the complete application for work permit renewal, the Ministry of Labor, War Invalids, and Social Affairs (Department of Employment) extends the work permit. In the event that 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 has their work permit extended, the employer and the foreign employee must sign a written labor contract in accordance with 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 Employment). A labor contract must be original or a certified copy.

3. Conditions for renewing work permits for foreign workers working in Vietnam

Foreign workers who have been granted a work permit must meet one of the following conditions:

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

- Approved by the competent authority for the need to employ foreign workers.

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

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE