TABLE OF CONTENTS
1. WHEN SHOULD YOU APPLY FOR AN VIETNAM EXTENDED OR RENEWED WORK PERMIT?
A work permit is a legal document issued by the authorized government department. This permit is considered the basic legal requirement for foreigners in Vietnam to work in Vietnam legally.
- You can apply for an extension: When your work permit validation time is over.
- You can apply for a reissue: When your work permit is either lost, damaged or changes in information.
2. VIETNAM REQUIREMENTS TO RENEW WORK PERMIT
Below are the details regarding the work permit extension for foreigners:
2.1. Conditions To Extend A Work Permit.
According to Article 5, Decree No 152/2020/NĐ-CP, a work permit in Vietnam can only be extended if it meets the following conditions:
- Is still valid from 5 to 45 days.
- The employer is granted the ability to hire foreign workers.
- Documents guarantee employees will continue to work in the specified field according to the work permit.
2.2. How Long Can You Get Your Work Permit Extended?
A Vietnam work permit can be extended equal to the duration of the following documents but no longer than 2 years:
- Work contract between employer and foreign employee.
- Job delegation from a foreign partner.
- Service contracts or deals made between a Vietnamese and a foreign partner.
- Time specified in the supplier’s documents sent to Vietnam for service providing businesses.
- Operating duration specified in the permit of companies, organizations or corporations.
- Time specified in the supplier’s documents sent to Vietnam for commercial presence establishment.
- Specified time in the documents proving the ability to participate in the operation of a foreign company with a commercial presence in Vietnam.
- Time specified in the confirmation of employment documents of foreign employees.
2.3. Vietnam Work Permit Extension Process
Below are the necessary steps to extend your permit:
Step 1: Permission to use foreign employees.
The employer needs to ask for permission to use foreign employees at the latest 35 days before the work permit expiration date. The documents will be sent to the Ministry of Labor, War Invalids and Social Affairs or the local provincial People’s Committee where the employee resides.
The following documents are required:
- Foreign worker employment registration form (Form 02/PLI publicised alongside Decree No 152/2020/NĐ-CP).
- A certified copy of the business registration.
- Permits to employ foreign workers will be issued after 10 working days.
Step 2: Document preparation
Foreign workers need to prepare the following to extend their work permit.
- Form 11/PLI for employers recommend work permit extension.
- 2 colored portrait photos in 4x6cm, white background, look straight, no glasses or hat and no older than 6 months.
- Valid work permit.
- The original permission to use foreign workers, except in cases where it is not needed.
- Health certifications.
- A certified copy of the employer’s passport.
- Document proving the employees will continue to work with the employer according to the issued work permit. If the document is issued abroad then it will need to be legalized through consular/embassy authentication, translated to Vietnamese and then certified, except in cases of legal exemptions.
Step 3: Submit the documents
To extend your work permit, you will have to submit all required documents to The Department of Employment ( a part of the Ministry of Labor, War Invalids and Social Affairs). Submit all required documents from 5 to 45 days before your expiration date.
Step 4: Document process and receive work permit extension
The Department of Employment will take no longer than 5 days to extend your permit, counting from the date of document submission. In case your application is denied, the Department will send a replay document stating all the errors.
After the permit extension, foreign employees and the employer must sign a work contract according to Vietnam Labor Law. The contract must be signed before the date of work continuation.
Finally, the employer sends the work contract to the Department of Employment, the contract sent must be the original or a certified copy.
2.4. Time And Fees Needed To Extend Your Work Permit
The work permit extension will take how long? What are the costs and fees? Below are the answers:
- Time: The process of permit extension takes around 5 working days from the date of document submission (apply with all types: online, directly or through mail).
- Fees: 450.000 VND/permit (Clause 3, Article 2, Resolution 24/2023/NQ-HDND).
3. WORK PERMIT REISSUE APPLICATION INSTRUCTIONS
In case you want a reissue of your work permit, you need to understand the following:
3.1. Conditions When Apply For A Work Permit Reissue
Foreign employees can apply for a reissue of work permit in the following circumstances:
- The work permit is lost.
- The work permit while still valid has been damaged.
- Information includes: Name, Nationality, Passport number, Work address on the permit etc has changes or is wrong. In case the Employer changes the name of their organization/company but the company ID code remains the same then the employees still have to apply for a reissue of work permit.
3.2. How Long Does A Vietnam Work Permit Last?
A reissue work permit due to loss, damages or changes in information has the same duration as the permit issued previously.
3.3. Work Permit Reissue Process
Applying for a reissue of a work permit in Vietnam consist of 2 main steps:
Step 1: Documents preparation
The employer must prepare in full the following documents and submit them to the Ministry of Labor, War Invalids and Social Affairs where the employees will work:
- Application form 11/PLI was publicised alongside Decree No 152/2020/NĐ-CP for a work permit reissue.
- 2 portrait photos, 4×6 cm, colored, white background, no hat or glasses and no older than 6 months.
- Documents proving the loss of the original work permit, issued by the local police department or an authorized foreign department. If the work permit reissue is due to the changes in information then the foreigners will have to provide documents proving the new information provided is correct alongside a valid work permit. Documents provided must be either the original or a certified copy. Documents in foreign languages must be translated into Vietnamese and then certified (except in legal exemption cases).
Step 2: Receive results
After 3 working days since the document submission, the employer will receive a work permit. In case the application is denied then the Department of Labor, War Invalids and Social Affairs will reply in writing with the reason clearly defined.
3.4. Time And Fees Required For Vietnam Work Permit Reissue
Below are the time and fees required to recreate your work permit:
- Time: After 3 working days since the day of document submission.
- Fees: 450.000 VND/permit (Clause 3, Article 2, Resolution 24/2023/NQ-HDND).
4. FREQUENTLY ASKED QUESTIONS
In this part, TrustVisa will answer some of the most asked questions regarding the work permit for foreigners in Vietnam.
❓ How many times can you get your Vietnam work visa extended?
According to Article 155, Labor Law 2019, a work permit in Vietnam can only be extended a single time with a 2 year extension at the longest. After that if the foreigners are still working in Vietnam, they will have to apply for work permit reissue.
❓ When will the Vietnam work permit for foreigners be confiscated?
The work permit will be confiscated in the following situations:
- The work permit has expired.
- The employees or employers violated regulations stated in Decree 152/2020/ND-CP;
- The foreign employees violate Vietnamese laws during their time in Vietnam.
Please ensure you understand thoroughly all requirements and procedures about the process of applying for a reissue of work permit or an extension so that it can happen smoothly and quickly.