Extending Work Permit Exemption

Extending work permit exemption is a mandatory administrative procedure when the current confirmation document is about to expire. This process ensures the continuity of foreign personnel’s activities at enterprises. Complying with legal regulations helps employers avoid residency risks. The following article by Long Phan Consulting Company provides details on conditions and implementation procedures.

Requirements and conditions for renewing the certificate confirming that the foreign worker is not subject to work permit requirements

Based on Subsection 3.10 Section 3 Part II of the Appendix issued with Decision 886/QD-BNV, to extend the confirmation of exemption from work permit:

1. The employer must have a demand to continue employing foreign workers who fall into the category of work permit exemption according to the law.
2. The foreign worker must still fully meet the conditions for permit exemption based on the confirmed grounds.
3. The employer must submit a complete, valid dossier on time to the competent authority before the confirmation expires.

Required documents for renewing a certificate confirming exemption from the foreign worker permit requirement

According to Subsection 3.3 Section 3 Part II of the Appendix issued with Decision 886/QD-BNV, the dossier includes:

1. Written request for extension from the employer 
2. Health certificate issued by a qualified medical facility (valid for 12 months). Foreign certificates must meet mutual recognition agreements.
3. The valid confirmation of work permit exemption previously granted.
4. Valid passport.
5. Documents proving the foreign worker is exempt from a work permit.

Consular Legalization: Foreign documents must be consularly legalized (unless exempt), translated into Vietnamese, and certified.

The required documents must comply with the following consular legalization regulations:

1. Documents in the application file for a certificate confirming that the foreign worker is not subject to the labor permit requirement must be legalized by consular authorities if they are from a foreign country, except in cases where consular legalization is waived according to an international treaty to which the Socialist Republic of Vietnam and the relevant foreign country are both signatories, or according to the principle of reciprocity, or as stipulated by law.
2. Documents that have been legalized by the consulate must be translated into Vietnamese and certified according to the law. In the case of copies, they must be certified against the original before being translated into Vietnamese and certified according to the law.

Documents proving that foreign workers are not subject to work permit requirements

According to Subsection 3.3 Section 3 Part II of the Appendix issued with Decision 886/QD-BNV, specific documents include:

1. Documents from Competent Authorities for:

• Chief of Representative Office/Project or person in charge of International Organizations/Foreign NGOs in Vietnam.
• Foreigners with official passports working for state agencies/political organizations.
• Those confirmed by the Ministry of Education and Training for teaching/research/managing international education programs.
• Those confirmed by Ministries/Provincial People’s Committees for finance, science, technology, innovation, national digital transformation, etc.

2. Documents from Foreign Employers/International Treaties for:

• Cases under international treaties.
• ODA project consultants/researchers.
• Foreign teachers/managers at diplomatic/intergovernmental educational institutions.
• Foreign students/interns.
• Volunteers.
• International agreement implementation.

3. For Intra-Corporate Transferees:

• Document from the foreign employer sending the worker to the commercial presence in Vietnam.
• Documents proving the worker is a Manager, Executive Director, Expert, or Technical Worker (as per Article 19 Decree 219/2025/ND-CP):
  • Manager/Executive: Company charter, appointment letter, operation registration certificate, proof of experience (previous work permit/exemption can replace experience proof).
  • Expert: Degree + experience confirmation (previous work permit/exemption can replace experience proof).
  • Technical Worker: Training certificate (at least 1 year) + experience confirmation (previous work permit/exemption can replace experience proof).

The competent authority is responsible for extending the certificate confirming that the foreign worker is not subject to licensing requirements

According to sub-section 3.6, Section 3, Part II of the Appendix issued with Decision 886/QD-BNV, the competent authority for extending the Certificate of Exemption from Work Permit Issuance is:

• Provincial People’s Committee;
• Or the People’s Committee of the province where the employer has its head office in the case of foreign workers working for one employer in multiple provinces or centrally-administered cities;
• Alternatively, the competent authority may be determined by the Provincial People’s Committee regarding the delegation of authority.

>>> See more: Penalties for using foreign workers without a permit

Procedure for renewing the certificate confirming that the foreign worker is not subject to work permit requirements

Based on Subsection 3.1 Section 3 Part II of the Appendix issued with Decision 886/QD-BNV:

Step 1: Submit Dossier At least 10 days but not more than 45 days before the expiration date, the employer submits the dossier online (National Public Service Portal), directly, via post, or via authorized service to the Public Administration Service Center where the worker works.

Step 2: Receive and Transfer The Public Administration Service Center/National Public Service Portal transfers the dossier to the competent local authority.

Step 3: Resolve and Return Results Within 05 working days of receiving a complete dossier, the authority extends the confirmation. If refused, a written reply with reasons is issued.

Long Phan Consulting Company provides consulting services for renewing certificates confirming that foreign workers are not subject to work permit requirements

Long Phan Consulting Company provides consulting services and implements the procedure for extending the confirmation of work permit exemption for foreign workers quickly and in accordance with regulations. We review dossiers, standardize foreign documents, support consular legalization, and represent enterprises working with state agencies. 

We structure our support into the following key areas:

• Review the conditions of foreign workers to determine whether they continue to be exempt from the requirement of obtaining a work permit.
• Review, standardize, and finalize the renewal application dossier, including drafting the request document according to the template and accompanying documents in accordance with current regulations.
• We provide consultation and assistance with consular legalization, authentication, and translation procedures for diplomas, certificates, and documents issued by foreign authorities.
• The authorized representative will submit the application, work with the competent authority, monitor the processing, and receive the renewal results.
• Providing advice on issues arising related to residency and management of foreign workers during their continued employment in Vietnam.

Frequently Asked Questions Regarding Renewal of Certificates of Exemption from Work Permit Requirements for Foreign Workers

Below are some frequently asked questions regarding the procedure for renewing the certificate of extending work permit exemption for foreign workers. Please refer to them:

What is the earliest time I can submit my renewal application?

You can submit your application for reissuance or renewal as early as 45 days before your current certificate expires. Please note that if the application is submitted too early, i.e., more than 45 days before the expiration date, the online public service system may not accept the application because it has not yet reached the permitted time limit.

(Based on: Sub-section 3.1, Section 3, Part II of the Appendix issued with Decision 886/QD-BNV)

Is it okay if I submit my renewal application more than 10 days before the expiration date?

According to current regulations, individuals wishing to renew or reissue a certificate must submit their application at least 10 days before the current certificate expires. This timeframe ensures that the competent authority has sufficient time to receive and verify the application and conduct the assessment in accordance with legal procedures.

(Based on: Sub-section 3.1, Section 3, Part II of the Appendix issued with Decision 886/QD-BNV)

Are medical certificates from overseas accepted for visa renewal applications?

Certificates issued by foreign authorities may be used; however, acceptance will only be granted if all legal requirements are met. Specifically, the certificate must be legally issued by a competent foreign health authority, and the issuing country must be a signatory to an international treaty or mutual recognition agreement with Vietnam. The validity period of this certificate must not exceed 12 months from the date of application.

(Based on: Sub-section 3.3, Section 3, Part II of the Appendix issued with Decision 886/QD-BNV)

What additional documents do employees who are transferring within the company need when renewing their contracts?

In addition to the basic documents, you need to provide a letter of assignment from the foreign company and documents proving that the employee’s position is a manager, executive director, expert, or technical worker according to legal standards.

(Based on: Article 19 and Point b, Clause 13, Article 7 of Decree No. 219/2025/ND-CP)

Can an old certificate be used to prove work experience when renewing a visa?

Yes. In cases where proof of years of professional experience is required for a specialist or executive position, you may use a previously issued certificate stating that you are not subject to work permit requirements as a substitute.

(Based on: Sub-section 3.3, Section 3, Part II of the Appendix issued with Decision 886/QD-BNV)

How long does it take to process a renewal application?

According to current regulations, the competent authority is responsible for reviewing, evaluating, and resolving the application within 5 working days from the date of receiving a complete and valid application as prescribed by law. This period begins from the time the receiving agency confirms that the application is complete, correct in components, and meets the requirements regarding form and content as prescribed. Within that 5 working day period, the competent authority will conduct verification, cross-check information, perform necessary evaluations, and issue the resolution.

(Based on: Sub-section 3.4, Section 3, Part II of the Appendix issued with Decision 886/QD-BNV)

Which online application portal is the most accurate?

Employers should submit applications online through the National Public Service Portal To ensure interoperability and accurate progress tracking.

(Based on: Sub-section 3.2, Section 3, Part II of the Appendix issued with Decision 886/QD-BNV)

Do documents issued by foreign countries need to be translated?

According to regulations, all documents issued by foreign countries (except in cases where exemption applies) must be legalized by the consular office before being used in Vietnam. Afterward, these documents must be translated into Vietnamese and the translation certified or notarized according to Vietnamese law before being included in the application. If these steps are not fully completed, the application may be rejected or additional documents may be requested.

(Based on: Sub-section 3.3, Section 3, Part II of the Appendix issued with Decision 886/QD-BNV)

>>> See more: Foreign Labor Demand Report Exemption

Conclusion

Extending work permit exemption requires accuracy in timing and dossier components. To ensure rights and compliance, clients should prepare early. For in-depth support, please contact Long Phan Consulting Company via Hotline 1900636389