When the Work Permit is expired, the foreigners need to apply for extending Vietnam Work Permit to continue to work legally in companies and enterprises. Through this article, Visa Oriental shall explain all questions about the document of extending Vietnam Work Permit and the duration of applying for extending Vietnam Work Permit.
Conditions for extending Vietnam Work Permit for foreigners in 2022
Article 16 of Decree 152/2020/ND-CP clearly regulated the conditions for extending Vietnam work permit for foreign workers as follows:
- The issued work permit is still valid for at least 5 days but not more than 45 days.
- Depending on the specific case, the term of the work permit will be different but must not exceed 2 years.
- To be approved by the competent authority for the need to employ foreign workers according to regulations.
- Documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
If the above conditions are met, the foreigner will be granted an extension of the work permit to continue working in Vietnam.
Document of extending Vietnam Work Permit for foreigners
- Form of Report explaining the demand for foreign workers: Form No. 1.
- The employer’s written request for re-issuance of a work permit: Form No. 11/PLI.
- 2 color photos. Photos were taken not older than 6 months from the date of application. Dimensions 4cm x 6cm, white background, straight face, bare head, no colored glasses.
- Original work permit.
- Certificate of Health examination. Valid for 12 months, from the date of signing the health conclusion to the date of application submission and must be examined after entering Vietnam.
- One of the documents related to the foreign worker:
- In terms of people who are transferred within the enterprise: A document of the foreign enterprise sending to work at the commercial presence and a document proving that the person has been recruited by the foreign enterprise before working in Vietnam for at least 12 months.
- In terms of those who perform economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, education, vocational education, health care contracts: Contracts or an agreement signed between a Vietnamese partner and a foreign country, which must contain the content of the foreign worker working in Vietnam.
- In terms of service providers under contract: Service supply contract signed between Vietnam and a foreign country and a document proving that the foreign worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least 2 years.
- In terms of service provider: Document of service provider sending foreign workers to Vietnam to negotiate service provision.
- In terms of people working for foreign non-governmental organizations and international organizations in Vietnam: Certificate of foreign non-governmental organizations or international organizations licensed to operate in accordance with the law of Vietnam.
- In terms of the person responsible for establishing a commercial presence: The document of the service provider sending foreign workers to Vietnam to establish a commercial presence.
- In terms of managers, CEOs, experts, and technical workers involved in the operation of foreign enterprises that have established commercial presence: Documents proving that foreign workers are allowed to participate in the activities of enterprises.
Note:
The above documents are photocopies enclosed with the originals for comparison or certified copies. If these are issued in foreign countries, consular legalization is exempted but must be translated into Vietnamese and authenticated according to the provisions of Vietnamese law.
Form 1 promulgated together with Circular No. 40/2016/TT-BLDTBXH dated October 25, 2016 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of a number of articles of Decree No. 11/2016/ND-CP for the purpose of obtaining approval for the employment of the enterprise before submitting the application for a work permit.
Form 11 is a form of application for issuance, re-issuance and extension of a work permit issued by the Government of Vietnam under Decree 152/2020/ND-CP dated December 30, 2020, effective from February 15, 2021.
Procedures for extending Vietnam Work Permit for foreigners
After preparing all documents to apply for a work permit extension, the sponsoring company/company will carry out the procedures for extending Vietnam work permit for foreigners according to the following steps:
Step 1. Submit document of applying for Approval of use of foreign workers
Currently, due to the complicated development of the Covid-19 epidemic, the Department of Labor, Invalids and Social Affairs of the provinces/cities only accepts online applications. Then wait for the Department of Labor, Invalids and Social Affairs to receive or refuse to accept the application with reasons. When the approval results are available, send the original documents to the Department of Labor, Invalids and Social Affairs and wait for the results to be returned by post.
Processing time: 10 working days, not including the time the system receives and the time to return results by post.
Note: At least 30 days before the expected date of employment of foreign workers, the enterprise (except for contractors) shall send a report explaining the need to employ foreign workers to the approval agency.
Step 2. Submit document of applying for extending Vietnam Work Permit
Submit document of applying for extending Vietnam work permit online through the Online Public Service Portal.
Deadline for submitting documentation of applying for extending Vietnam work permit: At least 5 days but not more than 45 days before the expiry date of the work permit.
If the deadline is over, but the procedure of extension has not been completed, the foreigner must apply for a new work permit from the beginning. Overdue work permits not only cause foreign workers to be sanctioned according to regulations. It also affects the duration of Vietnam visa and temporary residence card.
Duration of extending Work Permit: 5 working days, not including the time the system receives and the time to return results by post.
Step 3. Receive result of extending Work Permit
When there is a notification that the work permit renewal result has been received, the enterprise must send the original dossier to the Department of Labor, Invalids and Social Affairs and wait for the results to be returned by post.
In case the extension of work permit is not considered, a written reply clearly stating the reason.
Note: Foreign workers working under a labor contract after the work permit is extended, the employer and the foreign worker must sign a written labor contract before the expected date of continuing to work. At the same time, send the contract (original/certified copy) to the agency that has extended the work permit.
Places for submitting documents of applying for extending Work Permit for foreigners
In case the enterprise is located in an industrial park, the procedure for applying for a work permit for foreigners is carried out at the Provincial Management Board of Industrial Parks.
In case the enterprise is located outside the industrial park, the procedure for applying for a work permit for foreigners is carried out at the Department of Labor, Invalids and Social Affairs of the province/city directly under the central government.
Prestigious service of extending Vietnam Work Permit for foreign workers in HCMC
Visa Oriental specializes in providing services of renewing, re-issuing and renewing work permits for foreigners with guarantor companies in HCM, Dong Nai, Long An… We assist in preparing documents and completing procedures of extending Vietnam work permit for experts from Korea, China, Japan, Philippines… quickly.
Advantages of using Visa Oriental’s service
- Consult on conditions and procedures for extending Vietnam work permit for foreigners
- Instructions to prepare a complete application for the first time
- Submit an application for a work permit extension to the competent authority
- Get the work permit extension application and return the results to the place
- Commitment on time and guaranteed prestige
Frequently asked questions when extending Vietnam Work Permits for foreign experts
How long is an extended Work Permit valid? The term of extended Work Permit
The term of a work permit after the extension is determined according to the provisions of Article 19 of Decree 152/2020/ND-CP as follows:
- The term of a work permit may be extended according to the term of one of the cases specified in Article 10 of this Decree, but it can only be extended once for a maximum period of 2 years.
- Accordingly, the newly extended term will be equal to the term of the issued work permit but the maximum will not exceed 2 years.
How many times can a Work Permit be extended?
The renewal of a work permit can only be done once. Therefore, after the expiry of the extended work permit, the foreign worker must apply for a new work permit to continue working in Vietnam.
Before submitting the application for a Work Permit, does the worker need to have a health examination?
Health examination is a mandatory requirement for foreign workers to ensure the labor rights of the employee and the legitimate interests of the employer. Therefore, before carrying out the extension procedures, foreigners need to go to hospitals and medical facilities according to regulations to have their health checked.
What should I do if the Work Permit cannot be extended?
In case the work permit expires without renewal, the foreigner must carry out the procedures for applying for a new work permit like the first time. At the same time, you must extend your stay for 3 months to ensure that the visa is valid during the time of applying for a new work permit.
Visa Oriental has just provided you with full information about extending Vietnam Work Permit for foreign experts in Vietnam. In case you need further assistance, do not hesitate to contact HOTLINE 094 150 6226!
