HOW TO RENEW VIETNAM WORK PERMIT

Throughout the pandemic, Vietnam's economy has been on a path to recovery. As a nation in Southeast Asia, Vietnam stands out for its ability to draw foreign investment, and it has been proactive in opening its doors to foreign workers with commendable expertise and work ethic. In line with global standards, the Vietnamese government has established precise legal frameworks to safeguard stakeholder rights and regulate the employment of foreign labor. Non-compliance by businesses and foreign workers complicates the management efforts of government, potentially leading to fines and legal blacklisting of offenders. To keep pace with the evolving practices of businesses and foreign workers, Vietnamese laws are regularly updated and refined. The most recent legislative development is the issuance of Government Decree No.: 152/2020/ND-CP, and accompanied by Decree No. 70/2023/ND-CP amending and supplementing a number of articles of this decree. Let Visa5s.com to update the application procedures to Work Permit Renewal in Vietnam for foreign workers.

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BASIC CONDITIONS FOR EXPATRIATE TO BE GRANTED VIETNAM WORK PERMITS IN GENERAL

Have full civil act capacity according to the provisions of law;
Have good health suitable to job requirements;
Be a manager, executive, expert, or technical worker;
Foreign workers who practice medical examination and treatment, directly examine and treat diseases in Vietnam, or work in the field of education, training, and vocational training must meet all conditions as prescribed by Vietnamese law on medical examination, treatment, education, training, and vocational training;
Not be a criminal or be prosecuted for criminal liability according to Vietnamese and foreign laws;
Be approved in writing by a competent state agency on the employment of foreign workers.

RENEWING WORK PERMIT IN VIETNAM – WHO IS ELIGIBLE FOR WORK PERMIT RENEWAL

When the current expatriate’s work permit is about to expire, there are two ways to Renew Work Permit, inlude: Work Permit Extension and New-Issuance Work Permit, to know which type should expatriates apply, let find out about the conditions and basic documents to apply for a Renew Work Permit.

CONDITIONS FOR WORK PERMIT RENEWAL/ EXTENSION	Documents proving that the expatriates continues to work for the employer according to the contents of the Work permit valid recent	There are do not change the following information: Full Name, Nationality, Passport Number, Workplace and Company Name on the expatriate’s Work Permit If change these information, it is require to do Re-issuance Work Permit to update, then can apply Work Permit Renewal
	Obtain Job position approval letter from a competent authority for the need to employ expatriates	Specified in Article 4 or Article 5 of Decree No.: 152 /2020/ND-CP
	The Work permit is valid for at least 05 days but not more than 45 days	It requires to consider the timeframe to apply to suit the prescribed time
REQUIRED DOCUMENTS FOR VIETNAM WORK PERMIT RENEWAL	Original Recent Work permit Original health check certificate is valid within 12 months Notarize true copy of passport with full pages on A4 paper Two (02) photos in size 4x6 cm Company sponsorship’s documents: Notarized true copy of Business registration certificate or Representative Office Establishment Permit Notarized true copy or original of the power of attorney if the signer is not the company legal representative Job position approval letter granted Work permit application Form No 1 and 11 signed and sealed by the legal representative of the company	Note: All documents issued in foreign countries (police check, medical certificates, ...) must be consular legalized by Vietnamese embassy/ consulate Abroad and notarized translation into Vietnamese before using in Vietnam
THE TERM OF WORK PERMIT RENEWAL	The maximum term of Work Permit Extension is 02 years. When it is about to expire, the expatriate worker will apply for a New-issuance Work Permit for the next time.
ADDRESS TO SUBMIT THE APPLICATION	Department of Labor, War Invalids and Social Affairs of the province/city where the enterprise where the foreigner works is located

In case the expatriates does not meet the conditions for Work Permit Extension, for example: The expatriates are no longer working at the company as the work permit shown, there is not enough time to apply for a Work Permit Extension, the expatriates expected to work in a different job title from their current Work Permit,... The solution for these cases is to apply for a New-Issuance Work Permit.

CONDITIONS FOR APPLY NEW-ISSUANCE WORK PERMIT	The expatriates do not meet the conditions to apply for Work Permit Extension
	Current expatriates' work permits have been extended
DOCUEMTNS APPLIED FOR EACH JOB POSITION	MANAGER/EXECUTIVE DIRECTOR	EXPERT	TECHNICAL LABOR
	Business license; Company rules; Resolution or Appointment Decision of the company.	*Case 1:* University degree or higher or equivalent; Confirmation of experience proving that the foreign worker has at least 3 years of work experience suitable for the job position expected to work in Vietnam. *Case 2:* Practicing certificate and Confirmation of experience proving that the foreign worker has at least 5 years of work experience suitable for the job position expected to work in Vietnam.	*Case 1:* Diploma or certificate proving training for at least 1 year; Confirmation of experience proving that the foreign worker has at least 3 years of work experience suitable for the job position expected to work in Vietnam. *Case 2:* Confirmation of experience proving that the foreign worker has at least 5 years of work experience suitable for the job position expected to work in Vietnam
GENERAL DOCUMENTS APPLIED FOR ALL JOB POSITIONS	Form No. 11/PLI, Appendix I issued with Decree No.152/2020/ND-CP; Job position approval letter granted; Vietnamese criminal record or foreign criminal record issued by a foreign country; Vietnamese Health Examination Certificate or Health Examination Certificate issued by a foreign hospital or clinic; 02 color photos (4cm x 6cm, white background, straight face, bare head, no colored glasses), taken no more than 06 months before the date of application; Passport must be a certified copy or a copy certified by the sponsoring company
Important Note: All documents issued in foreign countries (degrees, diplomas, certificates of experience, police check certificates, health check certificates, ...) must be consular legalized by the Vietnamese embassy/ consulate abroad and notarized and translated into Vietnamese before being used in Vietnam
THE TERM OF NEW-ISSUANCE WORK PERMIT	The maximum term of New-issuance Work Permit is 02 years, can apply for Work Permit Extension once after that.
ADDRESS TO SUBMIT THE APPLICATION	Department of Labor, War Invalids and Social Affairs of the province/city where the enterprise where the foreigner works is located

WHAT WILL GO HAPPEN? IF FOREIGN WORKER WITHOUT WORK PERMIT IN VIETNAM
The government of Vietnam will send back any foreigner who is working in Vietnam without a valid work permit or with one that has expired. Employers will be fined between VND5 million and VND10 million if they do not report hiring foreigners or if they report it incorrectly to the proper authorities.

If employers hire foreigners without a valid work permit, with one that has expired, or without the necessary approval for exemption from needing a work permit, they will face fines as follows: