Renewing a work permit for foreign employees is a crucial step to ensure legal compliance in human resources management for businesses in Vietnam. Let FTA LAW guide you through the detailed procedures for extending work permits for foreign nationals in Vietnam—saving time and avoiding legal risks.
Image: It’s important to understand the procedures for extending work permits for foreigners in Vietnam.
1. Legal Documents Related to Work Permits Extension
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Labor Code No. 45/2019/QH14: Issued on December 12, 2019, effective from January 1, 2021.
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Decree No. 152/2020/NĐ-CP: Issued on December 30, 2020, effective from February 15, 2021.
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Circular 35/2016/TT-BCT: Regulates cases where foreigners are exempt from obtaining a work permit.
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Circular No. 23/2017/TT-BLĐTBXH: Provides detailed guidelines on applying for a work permit for foreigners via the online system.
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Decree 70/2023/NĐ-CP: Amends and supplements certain articles of Decree No. 152/2020/NĐ-CP, effective from September 18, 2023, regarding foreign labor in Vietnam.
2. Procedures for Work Permit Extension
According to the amended regulations in Decree 70/2023/NĐ-CP, which revises Decree No. 152/2020/NĐ-CP, the process for extending a work permit in Vietnam includes the following:
2.1 Common Issues
2.1.1. When should the extension procedure be done?
As per the law, the extension process should begin when the work permit is valid for 5 to 45 days before expiry. However, to avoid complications, it’s best to start the extension process 30 to 45 days in advance.
Failing to renew on time requires a brand-new application, which is more complex and may result in administrative penalties. Additionally, delays can lead to difficulties in renewing visas and temporary residence cards.
2.1.2. What is the extension period?
The extension duration is proposed by the employer but must not exceed 2 years (24 months), in accordance with the Labor Code.
2.1.3. Is a health check-up required before applying for an extension?
Yes. A medical examination is mandatory for foreign workers to protect the rights and interests of both the employee and the employer. This must be done at an authorized medical facility before proceeding with the extension.
2.1.4. Does the employer need to justify the need for foreign labor?
Yes. Before submitting the extension application, the employer must register their need to employ foreign workers with the appropriate authorities, either in person or online. This approval document is required in the application for work permit extension.
3. Required Documents for Work Permit Extension
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Application form for work permit extension (Form No. 11), signed by the employer.
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Photographs: 2 color photos (4cm x 6cm), front-facing, no glasses, white background, taken within the past 6 months.
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Documents of the foreign employee:
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Original valid work permit (at least 5 days before expiry)
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Valid health certificate
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Approval for employment of foreign labor issued to the employer
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Note: A work permit can only be extended once. After that, a new work permit application is required.
In some cases, additional documents may be needed, such as an appointment decision, educational qualifications, proof of work experience, or company charter. Please contact us for personalized consultation.
Documents issued abroad must be legalized and translated into Vietnamese with notarization, as per the law.
Image: Foreign workers must prepare all necessary documents for work permit extension.
4. Where to Submit the Work Permit Extension Application
4.1. Processing Time
After receiving a complete application, the Ministry of Labor, Invalids and Social Affairs (MOLISA) or the Department of Labor in the province where the foreigner works will issue the extended work permit within 5 working days. If the permit is not issued, a formal explanation will be provided.
4.2. Where to Submit
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Ministry of Labor: For representative offices, branches, or organizations operating in multiple centrally governed provinces.
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Department of Labor: If the foreign worker is employed at a single location within a province or in an industrial/export-processing zone, submit to the Department of Labor, Invalids and Social Affairs in that locality.
5. Conclusion
The work permit extension process for foreigners in Vietnam can be challenging and requires thorough preparation. However, with the support of experienced professionals, you can save time and ensure full legal compliance. FTA LAW, with a team of seasoned consultants and in-depth understanding of labor regulations, is committed to providing high-quality legal services, helping clients complete the process efficiently and effectively.
The above content is for reference only and does not constitute official legal advice from the lawyers at FTA LAW. For specific inquiries or personalized consultation, please contact us at: support@ftalaw.vn – We’re always here to support you.