VIETNAM WORK PERMIT EXTENSION

Pursuant to Decree 70/2023/ND-CP issued on September 18, 2023 on amending and supplementing a number of articles of Decree 152/2020/ND-CP about Vietnam Work Permit, work permit extension or exemption certificates for foreigners. If the foreign employee who has been granted a work permit plans to continue working in Vietnam, the sponsored company must carry out procedures to apply for work permit extension for foreigners according to law and ensure prescribed conditions. Applications to extend work permits for foreigners must be submitted to the local Department of Labor at least 5 days but no more than 45 days before the expiration date of the current work permit. Along with changes in law, the recruitment process for foreign employees is becoming increasingly strict. According to regulations from January 1, 2024, companies need to comply and promptly post labor recruitment on the website of the Department of Employment or Job Introduction Center, explaining the demand to use foreign employees as soon as possible so as not to affect the timeframe to apply for work permit extension.

ENQUIRY NOW

In certain circumstances, a second extension to the work permit may be allowed. The work permit extension application dossier for foreign nationals must be submitted to the local Department of Labour and Social Welfare at least 5 days but less than 45 days before the expiry date of the current work permit.

CONDITIONS FOR EXTENDING VIETNAM WORK PERMIT 2024

Current work permit has never been extended (Article 19 of Decree 152/2020/ND-CP stipulates that a work permit can only be extended once for a maximum period of 02 years.)
The current work permit is valid for at least 05 days but not more than 45 days;
Information related to the employer and the foreign employee on the current work permit remains the same, including: full name, passport number, working location, company name, the job position and title of the foreign employee;
Job position approval letter issued by the Department of Labor, War Invalids and Social Affairs;
Documents proving that the foreign employee continues to work for the employer according to the contents of the work permit;
The work permit is still valid and eligible for extension according to regulations - However, in case the work permit is lost, you must come to local police to apply for confirmation of losing work permit. Then you can continue to apply for a new work permit and then proceed with the procedure for extending the work permit according to regulations.

DURATION & NUMBER OF TIMES TO EXTEND VIETNAM WORK PERMIT 2024

Vietnam work permits have a maximum validity of no more than 02 years and can only be extended one (01) time, applicable to the position of Managers, Experts and Technical Workers;
Decree 70/2023/ND-CP changes Article 9 of Decree 152/2020/ND-CP as follows: Foreign employees (Experts and Technical Workers) who have been granted work permits and have had work permit extension once, if the company and employee still need to continue working in the same position and job title as on the current work permit, apply for a new work permit as special cases. In particular, there is no need to provide criminal record;
Work permit extension is not applicable for work permit exemption cases.

STAGES FOR EXTENDING VIETNAM WORK PERMIT FOR FOREIGNERS

Steps	Procedures to applying for Vietnam Work Permit Extension in 2024	Processing Time
Step 1	Even if the foreign employee has been granted a Work Permit and is eligible for extension according to the Decree. However, company must also: Upload a labor recruitment post on the E-portal of Employment Department of the Ministry of Labor, Invalids and Social Affairs or Employment Service Center under the People's Committee of provinces and cities (the same as procedure for applying new work permit); Deadline for posting on E-portal: At least 15 days in advance from the expected date to submit explanation report regarding demand of using foreign employees; The posting contents are required: Position and job title, job description, quantity, requirements for qualifications, experience, range of salary, working time and location.	15 working days
Step 2	Companies submit documents for job position approval letters, also known as explaining the demand to recruit foreign employees. In case the company cannot recruit Vietnamese for vacancies, the employer must submit documents to explain the demand to recruit foreign employees to the Department of Labor, Invalids and Social Affairs (decide the demand to employ foreigners according to regulations)	10 working days
Step 3	Submit an application to extend Vietnam Work Permit for foreigners after obtaining the job position approval to employ foreign employees from the Department of Labor, Invalids and Social Affairs.	05 working days

CHECKLIST OF DOCUMENTS FOR EXTENDING VIETNAM WORK PERMIT – BY JOB TITLE & JOB POSITION

MANAGER/EXECUTIVE	EXPERT	TECHNICAL LABOR
Valid work permit Vietnam; Representative office License; Branch license or Enterprise registration Certificate (Documents proving that the foreigner is a manager, capital contributor of the company or principal head, deputy head, executive according to company regulations); The job position approval letter of the Department of Labor, Invalids and Social Affairs; Forms to request for work permit extension (Form 11/PLI Appendix I Decree 152/2020/ND-CP); 02 color photos (size 4x6cm, white background, straight face, bare head, no glasses), taken less than than 06 months; Health certificate issued by hospitals in Vietnam or prescribed hospital/ clinic abroad.	Valid work permit Vietnam; The job position approval letter of the Department of Labor, Invalids and Social Affairs; Written request to extend the employer's work permit (Form 11/PLI Appendix I Decree 152/2020/ND-CP); 02 color photos (size 4x6cm, white background, straight face, bare head, no glasses), taken less than than 06 months; Health certificate issued by Vietnam or a competent agency, hospital, or clinic abroad.	Valid work permit; The job position approval letter of the Department of Labor, Invalids and Social Affairs; Written request to extend the employer's work permit (Form 11/PLI Appendix I Decree 152/2020/ND-CP); 02 color photos (size 4x6cm, white background, straight face, bare head, no glasses), taken less than than 06 months; Health certificate issued by Vietnam or a competent agency, hospital, or clinic abroad.
IN CASE OF WORK PERMIT WHICH IS VALID AND ELIGIBLE FOR EXTENSION IS LOST Must have confirmation from the ward police in Vietnam or Foreign authorities according to the provisions of Vietnam law.
BASED ON FORMS OF EMPLOYMENT - TYPE OF CONTRACT & TYPE OF BUSINESS - FOREIGNERS NEED TO PROVIDE THE FOLLOWING DOCUMENTS
*Form of working: Internal transfer: Appointment letter from the parent company dispatching employees to work at the subsidiary in Vietnam, and confirming that the employee has worked at the parent company for at least 12 months; Executing all kinds of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health:* Contracts or agreements signed between Vietnamese enterprises and foreign partners, including an agreement on foreign employees working in Vietnam; *Service provider based on contracts:* Foreigners need to provide a service contract signed between the Vietnamese enterprises and foreign partners and documents proving that the foreign employees have worked for a foreign enterprise that does not have a commercial representative in Vietnam at least 02 years; *Foreign employees* *offering services: Documents from the service providers dispatching foreign employees to Vietnam in order to negotiate service provisions; Foreign employees* *working for foreign non-governmental organizations and international organizations in Vietnam are allowed to operate according to the provisions of Vietnamese law:* Certificate of foreign non-governmental organization or international organization permitted to operate in accordance with Vietnamese law;

ARTICLES RELATED TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD

VIETNAM VISA

VIETNAM WORK PERMIT EXTENSION

How can we help?

FAQs