Note when Extending Work Permits for Foreign Workers

Extending work permits for foreign workers requires careful attention to several critical factors. Workers must be well-versed in the procedures, fully prepare the necessary documents, and meet the latest regulatory requirements. It’s advisable for workers to create a specific plan and prepare in advance to avoid any disruptions during their employment abroad. The following article offers some key considerations for renewing work permits for foreign workers.

Conditions for Extending Work Permits for Foreign Workers

The extension of a work permit requires that both the foreign worker and the employer meet specific conditions. According to Article 16 of Decree 152/2020/ND-CP, the conditions for extending a work permit include:

• The work permit must be valid for at least 5 days but not more than 45 days.
• The employer has been approved by the competent authority for the continued use of the foreign worker.
• Documents proving that the foreign worker will continue working for the employer under the terms of the previously issued work permit.

When applying for an extension, the foreign worker must continue to meet the conditions for working in Vietnam as specified in Article 151 of the Labor Code 2019, including:

• Being at least 18 years old with full legal capacity.
• Having the appropriate qualifications and health.
• Not being in the process of serving a sentence, having a criminal record that hasn’t been expunged, or being under investigation for criminal liability according to foreign or Vietnamese law.

The maximum extension period for a work permit is 2 years and can only be extended once. This is stipulated in Article 155 of the Labor Code 2019 and Article 19 of Decree 152/2020/ND-CP. The specific duration depends on the term of the labor contract, the duration of the foreign assignment, or the period specified in the approval document for the employment of the foreign worker.

Procedures for Extending Work Permits for Foreign Workers

Components and Documents

The application for extending a work permit must be fully prepared according to the provisions of Article 17 of Decree 152/2020/ND-CP.

• The request for extension of the work permit is the most important document and must be prepared in accordance with Form No. 11/PLI of Appendix I of the Decree.
• Two color photos (4×6 cm), taken within the last 6 months.
• The current valid work permit.
• A document approving the need to use foreign workers, except in cases where the need is not required to be determined.
• A certified copy of the passport or a copy of the passport certified by the employer.
• A health certificate or medical examination certificate.
• Documents related to the foreign worker as specified in Clause 8, Article 9 of Decree 152/2020/ND-CP, which may include a labor contract, appointment decision, or internal transfer document.

All foreign documents must be legalized and translated into Vietnamese, except in cases where exemptions apply under international treaties to which both the Socialist Republic of Vietnam and the relevant foreign country are members, or based on the principle of reciprocity or as prescribed by law.

Procedure for Extending Work Permits for foreign workers

The procedure for extending a work permit is specifically outlined in Article 18 of Decree 152/2020/ND-CP, as follows:

Step 1: Submit the Application
The employer must submit an application for the extension to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the work permit.

Step 2: Review and Decision on the Work Permit Extension

• The competent authority will review and decide on the extension within 5 working days from the date of receiving a complete and valid application.
• If the extension is denied, the authority will respond in writing and specify the reasons for the refusal.

Step 3: Sign a New Labor Contract

• After the work permit is extended, the employer and the foreign employee must sign a new labor contract.
• The new labor contract must be signed before the expected continuation of work and sent to the authority that extended the work permit.

Adhering to this process ensures the legal validity of the extension and helps avoid potential risks.

Important Considerations When Extending Work Permits for Foreign Workers

Submission Timeframe for Renewal Applications

The timing of the submission is crucial in the process of renewing a work permit. According to Article 18 of Decree 152/2020/ND-CP, the application must be submitted within 5 to 45 days before the permit expires. Submitting the application either too early or too late may result in the renewal being denied.

Employers should develop a detailed plan for the renewal process. This plan should include time for document preparation, processing time by the relevant authorities, and contingency time for any unexpected situations. Submitting the application on time helps prevent disruptions in the employment of foreign workers.

In case of changes in the labor utilization plan, employers must promptly notify the relevant authorities. This helps avoid unnecessary renewals or missing the submission deadline.

Conditions Regarding the Employment Contract

The employment contract plays a crucial role in the process of renewing a work permit. According to Article 16 of Decree 152/2020/ND-CP, foreign workers must continue working for the employer as stated in the issued work permit.

The duration of the new employment contract must correspond with the extended period of the work permit. As per Article 19 of Decree 152/2020/ND-CP, the maximum extension period is 2 years. Employers should note that the new employment contract must be signed before the anticipated date of continued employment.

The content of the employment contract must comply with the provisions of Vietnamese labor law. The terms regarding the rights and obligations of foreign workers must be clear and specific. This helps to avoid labor disputes and ensures the protection of both parties’ rights.

Requirements for Professional Certification and Work Experience

Professional certification and work experience are crucial factors when renewing a work permit. According to Article 151 of the 2019 Labor Code, foreign workers must possess the necessary professional qualifications, technical skills, and relevant work experience for the job position. This requirement continues to apply throughout the renewal process.

Employers must ensure that the professional certifications and degrees of foreign workers remain valid. In cases where job requirements change, workers may need to acquire additional certifications or degrees. This must be completed before submitting the renewal application.

Work experience should also be updated in the renewal application. Workers should provide evidence of achievements and new skills acquired during their time working in Vietnam. This increases the likelihood of having the work permit renewal approved.

Work Permit Renewal Services for Foreign Workers

Work permit renewal services are becoming increasingly popular due to the complexity of legal procedures. Long Phan, with a team of highly experienced consultants, offers comprehensive support services throughout the renewal process, including:

• Advising on issues related to the renewal of work permits for foreign workers
• Providing guidance on the necessary documents and procedures for renewing work permits
• Preparing the required documents on behalf of clients and handling the procedures at the relevant authorities
• Advising on any issues that may arise during the process

Using professional Extending Work Permits for Foreign Workers services can be an effective solution, especially for businesses employing a large number of foreign workers.

Extending Work Permits for Foreign Workers is a crucial process that requires careful attention to various legal and administrative requirements. Key factors include meeting eligibility criteria, following the correct application procedures, and adhering to specified deadlines. If you have any questions regarding work permit extensions, please contact Long Phan at the hotline: 0906735386 for consultation.