Tiếng Việt
When businesses recruit foreign workers, it should be noted about the term of one of the important documents that is a work permit. Can the work permit be extended or not? What are the conditions? What are the regulations on the application for extension of a work permit ?
Term of work permit
The term of a work permit for a foreigner to work in Vietnam is granted according to the term of one of the following cases but must not exceed 02 years:
– The term of the labor contract expected to be signed.
– The duration of the foreign party sending foreign workers to work in Vietnam.
– The duration of the contract or agreement signed between the Vietnamese and foreign partners.
– The duration of the contract or service provision agreement signed between the Vietnamese and foreign partners.
– The time limit stated in the document of the service provider sending foreign workers to Vietnam to negotiate service provision.
– The term has been determined in the operation license of the agency, organization or enterprise.
– The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
– The time limit in the document proving that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
– The time limit specified in the written approval to employ foreign workers, except for the case where a report explaining the need to employ foreign workers is not required for the following subjects:
+ Head of representative office, project or main responsibility for activities of international organizations, foreign non-governmental organizations in Vietnam.
+ Entering Vietnam for less than 3 months to make a service offering.
+ Entering Vietnam for a period of less than 3 months to handle problems, technical situations, complicated technologies that affect or threaten to affect production and business that Vietnamese experts and the Foreign experts currently in Vietnam cannot handle it.
+ Owners or capital contributors of limited liability companies with a capital contribution value of VND 3 billion or more.
+ Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.
+ Entering Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 3 times in a year.
+ Entering Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
+ Students who are studying at overseas schools and training institutions that have an internship agreement in agencies, organizations and enterprises in Vietnam; trainees and trainees on Vietnamese ships.
Conditions for extension of work permit
According to Article 16 of Decree 152/2020/ND-CP, the conditions for work permit extension are specified as follows:
– The issued work permit is still valid for at least 5 days but not more than 45 days.
– Get approval from the competent authority for the need to employ foreign workers specified in Article 4 or Article 5 of Decree 152/2020/ND-CP.
Papers proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
Profile renew work permits
A dossier of application for a work permit extension includes the following documents:
(1) The employer’s written request for extension of the work permit, made according to Form No. 11/PLI, Appendix I enclosed herewith.
(2) 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application.
(3) A valid work permit has been issued.
(4) Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.
(5) Certified copy of valid passport as prescribed by law.
(6) Health certificate or medical examination certificate
(7) Documents proving that the foreign worker continues to work for the employer according to the content of the issued work permit.
(8) Papers specified in (3), (4), (6) and (7) are 01 originals or certified copies, if foreign, they must be consular legalized and translated into English. Vietnam, except for cases of being exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and related foreign countries are contracting parties, or on the principle of reciprocity or as prescribed by law. .
Procedure for renewal of work permit
– At least 05 days but not more than 45 days before the expiry date of the work permit, the employer must submit an application for extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. – War Invalids and Social Affairs has issued such work permit.
– Within 05 working days from the date of receipt of complete dossiers of application for work permit extension, the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall renew the work permit. . In case the work permit is not renewed, a written reply clearly stating the reason.
– After the foreign worker is granted an extension of the work permit , the employer and the foreign worker must sign a written labor contract in accordance with the Vietnamese labor law before the date of employment. ants continue to work for the employer.
The employer must send the signed labor contract upon request to the competent authority that has extended the work permit. The employment contract is the original or a certified copy.
The term of the work permit is extended
According to Article 19 of Decree 152/2020/ND-CP, the term of a work permit is extended according to the term of one of the cases specified in Article 10 of Decree 152/2020/ND-CP but can only be extended. term once with a maximum term of 2 years.
Work permit extension service for foreigners
With experience in working permit service , GBU Law Joint Stock Company will help businesses complete the application for work permit extension in the most complete and accurate way.
At the same time, we also advise and support documents for foreigners who can live and work in Vietnam such as temporary residence card, visa, criminal record, international driver’s license exchange, establishment consulting. Foreign capital companies…
Coming to the work permit service of GBU Law Joint Stock Company, we will advise customers on the best solution and ensure that the application for a work permit extension is approved.
