LATEST UPDATED PROCEDURE AND REQUIREMENTS FOR VIETNAM WORK PERMIT EXTENSION 2024

Friday, 09/08/24

Currently, many businesses are hiring foreign employees and also sponsor for their work permit. But when his/her work permit is going to be expired, instead of applying for a new Work Permit, the company can choose to extend the work permit which saves not only time but also costs. Especially when there are many changes in regulations on extension of Vietnamese work permits according to Decree 152/2020/ND-CP of the Government effective from 15/02/2021. Therefore, the business need to update and apply it based on the current regulation at that situation. In this article, Visa5s.com will introduce to you the necessary documents and procedures to apply for a work permit extension.

CONDITIONS FOR EXTENDING A WORK PERMIT IN VIETNAM IN 2024

According to Decree 152/2020/ND-CP and Decree Amending and Supplementing 70/2023/ND-CP, the following conditions must be met to extend a work permit in Vietnam:

The current work permit must be valid for a minimum of 5 days and a maximum of 45 days.
The details on the existing work permit, including the foreign employee’s full name, passport number, workplace, company name, job position, and title, must remain unchanged.
A job position approval letter from the Department of Labor, War Invalids, and Social Affairs is required.
Documentation must demonstrate that the foreign employee is still working for the employer as stated in the work permit.

REQUIRED DOCUMENTATION FOR A WORK PERMIT EXTENSION

To apply for a work permit extension under Decree 70/2023/NĐ-CP, you will need the following documents:

Extension Application Form: A formal request for a work permit extension using Form No. 11/PLI is issued together with Decree 152/2020/ND-CP and updates the phrase in Section 20 as per Decree 70/2023/ND-CP
Photographs: Two recent color photographs (4 cm x 6 cm) with a white background, straight face, bare head, not wearing colored glasses, wearing shirt with collar, taken within the last six months
Current Work Permit: Original of existing valid work permit.
Job Position Approval Letter: A notarized copy of letter from the relevant authority approving job position
Passport Copy: A certified copy of the applicant’s valid passport (either notarized or legalized).
Health Certificate: A health certificate or medical examination report from an authorized medical institution (must be from the list of approved hospitals). You can submit a copy, the original, or a legalized and translated version if it's not in Vietnamese.
Employment Confirmation Document: Depending on the employment situation, provide one of the following:
- Intra-Company Transfer: Documentation from the foreign parent company indicating the transfer to its Vietnamese branch, along with proof of at least 12 months of previous employment with the parent company. The parent company must have contributed capital to the Vietnamese company, as evidenced by the capital contribution certificate, or be listed as the owner on the Vietnamese business registration certificate, or other relevant proof.
- Various Contracts: For foreign workers performing various types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education and vocational education Industry and healthcare: there must be a contract or agreement signed between the Vietnamese side and the foreign side, in which there must be an agreement on the foreign workers working in Vietnam..
- Service Providers: there must be a service provision contract signed between the Vietnamese side and the foreign side and a document proving that the foreign worker has done the service working for a foreign enterprise that has not had a commercial presence in Vietnam for at least 2 years.
- Service Provision: there must be a document from the service provider sending foreign workers into Vietnam to negotiate service provision.
- International/NGO Employees: Documentation from the appointing agency or organization, unless the employee is working under a labor contract in Vietnam as per regulations for foreign NGOs and international organizations.
- Managers, Executives, Experts, or Technical Staff: Documentation from the foreign enterprise confirming the employee’s role in Vietnam.

Note: All documents issued by foreign authorities (degrees, certificates, confirmation of experience, appointment letter, medical certificate, criminal record, etc.) must be legalized and translated into Vietnamese, unless exempt from consular legalization.

PROCESS FOR APPLYING FOR A WORK PERMIT EXTENSION IN 2024

The steps for extending a work permit are as follows:

Step 1: Document Preparation: Gather and prepare all required documents according to Decree 152/2020/ND-CP & Decree 70/2023/NĐ-CP.
Step 2: Job Recruitment Posting: Post the recruitment notice on the website of the Ministry of Labor, War Invalids, and Social Affairs (Employment Department) or the Employment Service Center established by the President of the People's Committee of the province or centrally affiliated city. This must be done at least 15 days before submitting an explanation report to the Ministry or Department of Labor, War Invalids, and Social Affairs where the foreign worker is expected to work.
Step 3: Obtaining Job Position Approval: Apply for an approval letter for the job position, which typically takes around 3-4 weeks.
Step 4: Applying for Work Permit extension application: Submit the completed application and supporting documents to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs. The extension processing time is generally 2-3 weeks.
Step 5: Getting the Work Permit Extension: Once approved, the extended work permit will be issued with the updated validity period.

VALIDITY OF THE WORK PERMIT POST-EXTENSION

Under Article 19 of Decree 152/2020/ND-CP and the updated point c, clause 9, Article 9 from Decree 70/2023/ND-CP, a work permit can be extended once for up to two years. If the job title and position remain unchanged, a new permit can be issued with the same documentation as required for the previous extension. It is crucial to monitor the new expiration date and ensure timely renewal to avoid any lapse in legal working status.

Navigating the work permit extension process can be complex, involving various documents and approvals. To ensure a smooth process and compliance with all regulatory requirements, consider seeking professional assistance.

Visa5s.com offers expert guidance and exceptional service throughout the work permit extension process. Contact us for a seamless and efficient extension experience.

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LATEST UPDATED PROCEDURE AND REQUIREMENTS FOR VIETNAM WORK PERMIT EXTENSION 2024

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