PROCEDURES FOR RENEWAL OF VIETNAM WORK PERMIT FOR FOREIGNERS

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A work permit for foreigners is a type of permit that allows foreigners to work legally in Vietnam. It is an important legal document for foreign workers working in Vietnam. Renewal of Vietnam work permits is a matter of concern for many businesses and foreign workers in Vietnam today, especially when there are many changes in regulations on the renewal of work permits in Vietnam according to the Labor code 2019 and Decree 152/2020/ND-CP of the Government. So what is a renewal of a Vietnam work permit? What is the renewal procedure? What does the application include? In this article, OTIS LAWYERS will present an overview of the renewal of work permits for foreign workers.

Legal grounds

Labor code No. 45/2019/QH14 dated November 20, 2019 of The National Assembly 

Decree No 152/2020/ND-CP dated December 30, 2020 of the Government on Foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam

What is a renewal of a Vietnam work permit?

Renewal of a Vietnam work permit for a foreigner is an extension of the term of a work permit that is about to expire so that a foreigner can continue to work legally in Vietnam according to the correct position and title in which the work permit is about to expire.

Requirements for renewal of a Vietnam work permit

Article 16 of Decree 152/2020/ND-CP stipulates the conditions for renewal of work permit as follows:

  • The remaining validity period of the work permit is at least five days but not exceeding 45 days.
  • The competent authority grants an acceptance of the demand for foreign workers 
  • Document supporting that the foreign worker will continue employment with the employer as specified in the concerned work permit is available.

Application for renewal of a Vietnam work permit

To renew of a work permit, the employer and the foreign worker need to prepare the following documents:

  1. An application form for renewal of work permit made by employer No. 11/PLI Appendix I hereto appended.
  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. Fitness to work certificate
  7. Any document specified in clause 8 Article 9 hereof supports that the foreign worker will continue in employment with the employer as specified in the concerned work permit.

Noted: Any document mentioned in clauses 3, 4, 6, and 7 hereof is 1 original or certified true copy; if a document is written in a foreign language, it must be consular 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 Vietnam work permit

Step 1: Submit for renewal of work permit

At least 5 days, but not exceeding 45 days before the expiry date of the worker permit, the employer shall submit 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.

Step 2: Processing application for renewal  of work permit

Within five 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. 

Step 3: Sign a labor contract 

In this case, foreign workers perform employment contracts; 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.

Step 4: 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.

How many times can you renew your work permit?

According to Article 19 of Decree 152/2020/ND-CP, a work permit is only renewed once for a period of up to 2 years. In this case, if a foreign worker has completed the procedures for renewing the work permit and continues to work at the enterprise in the same position, the procedures for applying for a new work permit must be carried out.

Consulting service to renew a Vietnam work permit of OTIS LAWYERS

Above is the advice of OTIS LAWYERS on the renewal of work permits under the law. If you have any questions about a work permit, please contact OTIS LAWYERS immediately for advice and support.

OTIS LAWYERS is always proud to be a professional unit in the field of consulting for the renewal of Vietnam work permits. With a team of highly qualified lawyers, extensive experience, and dedication to clients, we believe that we will provide foreign workers with the best professional services, reasonable fees, and the fastest processing time. We commit that all client information is confidential and client interests always come first.

OTIS & PARTNERS LAWFIRM

Address: No. K28, Lane 68 Trung Kinh, Yen Hoa Ward, Cau Giay District, Hanoi City.

Hotline: (+84) 987 748 111

Email: [email protected]/  Website:  https://otislawyers.vn/

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