Work Permit Extension: Conditions, Dossier, Procedures, and Process

1. Conditions for Extending a Work Permit

A work permit is a specialized procedure applicable only to foreign workers employed in Vietnam and does not apply to Vietnamese citizens working domestically.

When a work permit is nearing its expiration date, foreign workers may apply for an extension to continue working legally in Vietnam.

Pursuant to Article 16 of Decree 152/2020/NĐ-CP, the conditions for extending a work permit are as follows:

a) The issued work permit must have a remaining validity of at least 5 days but not more than 45 days.

b) Approval from the competent authority for the need to employ foreign workers, as stipulated in Article 4 or Article 5 of this Decree.

c) Documents proving that the foreign worker will continue working for the employer in accordance with the content of the issued work permit.

2. Timing for Work Permit Extension

The request for a work permit extension must be submitted at least 5 days but no more than 45 days before the work permit expires.

Outside of this specified timeframe, foreign workers will not be eligible to extend their work permit.

3. Dossier for Requesting a Work Permit Extension

The dossier for requesting a work permit extension includes:

a) An application form for a work permit extension as per Form No. 11/PLI, Appendix I.

b) Two color photographs (4 cm x 6 cm, white background, straight face, bareheaded, no colored glasses).

c) The valid work permit previously issued.

d) A written approval of the need to employ foreign workers, except in cases where such approval is not required.

e) A certified copy of a valid passport as per legal regulations.

f) A health certificate.

g) Documents proving that the foreign worker will continue working for the employer.

Note: The documents specified in items c, d, f, and g above must be originals or certified copies. If issued by foreign agencies or organizations, they must be consular legalized and translated into Vietnamese.

4. Procedure for Extending a Work Permit

Pursuant to the Labor Code and Decree 152/2020/NĐ-CP, the procedure for extending a work permit for eligible foreign workers is as follows:

a) Dossier Preparation

• The enterprise prepares one complete dossier as outlined in Section 3. Documents issued by foreign agencies or organizations must be consular legalized and translated into Vietnamese before submission.

b) Competent Authority

The Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs that issued the original work permit.

c) Procedure for Work Permit Extension

• Step 1: The enterprise submits the dossier for the work permit extension to the Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs that issued the original work permit.
• Step 2: The competent authority receives the dossier and issues a receipt to the enterprise.
• Step 3: Within 5 working days from the date of receiving the complete dossier for the work permit extension, the Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs extends the work permit. If the extension is not approved, a written response stating the reasons for rejection will be provided.

Note:

For foreign workers as specified in Point a, Clause 1, Article 2 of Decree 152/2020/NĐ-CP, after the work permit is extended, the employer and the foreign worker must sign a labor contract before the intended start date of continued work for the employer.

The employer must submit the signed labor contract, as required, to the competent authority that extended the work permit. The labor contract must be an original or a certified copy.

Disclaimer:

This article is intended for informational purposes only and does not constitute legal advice from HTH & Partners. The content represents the views of HTH & Partners and is subject to change without prior notice.

The legal provisions referenced in this article were valid at the time of publication but may have been amended or repealed by the time of reading. We strongly recommend consulting a qualified legal professional before applying any information contained herein.