See now the profile, procedures for extending work permits for foreigners and conditions for extending work permits in this article of fdiinvietnam.com.
Regulations and deadlines for extending work permits for foreigners
1. General regulations on work permits for foreigners
A work permit is a legal document that allows foreigners to work legally in Vietnam and is valid for a maximum of 2 years.
When the work permit is about to expire but the foreigner still wants to continue working in Vietnam, the foreign employer must apply for a work permit extension.
➥ Simply put: Extending a work permit for foreigners is to extend the period of time allowed to work in Vietnam for foreign workers and can only be extended once with a maximum period of 2 years.
2. Time limit for work permit extension procedures
At least 5 days and at most 45 days before the permit expires, you must apply for a work permit extension for foreigners.
If the employer has not renewed the license within the deadline, it must apply for a new work permit.
If an organization or enterprise continues to employ foreign workers after their work permit expires and does not renew it in time, it may be subject to an administrative fine of up to VND75 million and the foreign worker will be at risk of being deported.
See more: Procedures for granting work permits to foreigners.
Conditions for extending work permits for foreigners in Vietnam
To extend a work permit, foreign employees and employers must meet the following conditions:
- One is, the work permit is valid for a minimum of 5 days and a maximum of 45 days;
- Second, the employer is approved to use foreign labor by the competent authority;
- Third, foreign workers have full documents proving that they continue to work for the employer;
- Fourth, workers must be in good health to meet job requirements.
Procedures for extending work permits for foreigners
1. Application for extension of work permit for foreigners in Vietnam
The application for work permit extension for foreigners includes:
- Document requesting extension of work permit (Form No. 11/PLI Appendix I attached to Decree 152/2020/ND-CP);
- 2 photos 4x6cm in size taken within the last 6 months;
- Valid work permit (original or notarized copy);
- Document approving the need to use foreign labor of the labor-owning unit.;
- Certified copy of the employee’s valid passport;
- Health certificate or health certificate within the last 12 months;
- Documents proving that the foreign employee works for the employer according to the content of the issued work permit.
DOWNLOAD FORM: Application for extension of work permit.
Note:
For health certificates or health examination papers, if issued in Vietnam, the original or a certified copy is required. If issued abroad, it must be consularized and notarized in accordance with regulations.
2. Procedures for extending work permits for foreigners
The procedure for renewing a work permit includes the following 3 steps:
Step 1: Request approval for foreign labor use
- At least 30 days before the expiration of the current work permit, the employer shall submit a written explanation of the change in the need to employ foreign workers (Form 02/PLI Appendix I issued with Decree 152/2020/ND-CP) to the competent authority that previously accepted the need to employ foreign workers;
- The competent authority will review the application within 10 working days and will issue a Document approving the need to use foreign labor to the employer.
Step 2: Apply for work permit extension for foreigners
- At least 5 days and at most 45 days before the expiration of the work permit, the employer must submit an application for extension of the work permit to the Department of Labor, War Invalids and Social Affairs or the Ministry of Labor, War Invalids and Social Affairs that issued the previously used work permit;
- The competent authority will receive and process the application within 5 working days. If the application is not approved for extension, a written response with specific reasons will be issued.
- The fee for extending a work permit will depend on the licensing authority. The maximum fee for extending a permit is as follows:
+ Issuing a new work permit for a foreigner shall not exceed VND 600,000/permit;
+ Re-issuing a work permit for a foreigner shall not exceed VND 450,000/permit.
Step 3: Submit the labor contract to the work permit authority.
- After the permit is extended, the employer must sign a written contract with the foreign employee before the expected date of resumption of work, in accordance with Vietnamese labor law, and must send that labor contract (original or certified copy) to the agency that extended the work permit.
If your business is in need of applying for a new or extended work permit for a foreigner but does not know the documents and procedures, you can refer to:
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Some questions about procedures for extending work permits for foreigners
1. What is a work permit extension for foreigners?
Extending a work permit for foreigners is a procedure to extend the period of time allowed to work in Vietnam for foreign workers and can only be extended once with a maximum period of 2 years.
2. Can a work permit be extended after it expires?
Yes. When the work permit is about to expire, if the foreigner still wants to continue working in Vietnam, the enterprise or organization with foreign employees must apply for a work permit extension.
3. How long is the work permit valid after renewal?
The work permit granted will be valid for a period according to the contract signed between the employer and the employee, but not exceeding 2 years and will be renewed only once.
4. When to submit application for work permit extension?
Enterprises must submit applications for work permit renewal at least 5 days and at most 45 days before the expiration date of the permit. If the employer fails to renew the permit within the deadline, it must apply for a new work permit.
5. What is the procedure for extending a work permit?
The procedure for renewing a work permit includes the following 3 steps:
- Step 1: Please accept the need to use foreign labor;
- Step 2: Apply for a work permit extension for foreigners at the Department of Labor, War Invalids and Social Affairs or the Ministry of Labor, War Invalids and Social Affairs;
- Step 3: Submit the employment contract to the work permit authority.
6. What documents are required for work permit renewal?
The dossier includes: A request for extension of a work permit; 2 4x6cm photos taken within the last 6 months; a valid work permit (original); a document approving the need to employ foreign workers; a certified copy of the worker’s valid passport; a health certificate; documents proving that the foreign worker works for the employer according to the content of the issued work permit.
For details, see: Application for extension of work permit for foreigners.
7. What is the penalty for an expired work permit?
If a business continues to employ foreign workers after their work permits expire and do not renew them in time, they may be fined up to VND75 million and the foreign workers will be at risk of being deported.
8. How much is the fee for renewing a work permit for a foreigner?
Depending on the agency issuing the work permit, there will be different fees. The maximum fee for the license renewal procedure is as follows:
- Issuing new work permits for foreigners does not exceed 600,000 VND/permit;
- Re-issuance of work permit for foreigners does not exceed 450,000 VND/1 permit.
9. Where to submit application for work permit extension?
The foreign employer submits an application for extension of the work permit to the Department of Labor, War Invalids and Social Affairs or the Ministry of Labor, War Invalids and Social Affairs that previously issued the work permit.
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