CONDITIONS FOR WORK PERMIT EXTENSION FOR FOREIGN WORKERS

In recent times, the issue regarding the conditions for work permit extension for foreign workers has become a matter of concern and controversy in society. This stems from the continuous development of the economy and the need to attract quality human resources from other countries. However, the management and control of foreign human resources also poses many challenges and requires strict and transparent procedures.

22/11/2023

1. Legal bases

Decree 152/2020/NDCP

2. Conditions for work permit extension for foreign workers

Pursuant to Article 16 of Decree 152/2020/ND-CP stipulates:

Work permit extension may only be conducted for foreign workers working in Vietnam when the issued work permit is valid for at least 5 days but not more than 45 days.
In order to extend a work permit for foreign workers working in Vietnam, it is also necessary to ensure 02 more conditions:

+ Being approved by competent agencies for the need to employ foreign workers.

+ Having documents proving that the foreign worker continues to work for the employer according to the content of the granted work permit.

3. Dossier of application for work permit extension for foreign workers

Pursuant to Article 17 of Decree 152/2020/ND-CP stipulates as follows:

Written request for extension of work permit by employer
Employer
02 color photos (size 4 cm x 6 cm, white background, face straight, head bare, no stained glasses)
A valid work permit has been issued
Written approval of the need to employ foreign workers
Certified copy of valid passport
Health certificate or health certificate
The papers specified in Clauses 3, 4, 6 and 7 of this Article are 01 original or certified copy, if foreign, they must be consular legalized and must be translated into Vietnamese, except for cases of consular legalization exemption under international treaties to which the Socialist Republic of Vietnam and the concerned foreign countries are contracting parties or on the principle of reciprocity or as prescribed by law.

4. Settlement authority

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

5. Deadline for settlement

Within 5 working days after receiving a complete application for work permit extension, the Department of Labor, War Invalids and Social Affairs must extend the work permit for the foreign worker.

The above is a condition for further extension of work permit for foreign workers working in Vietnam. The extension of work permits for foreign workers is not only a complex and important issue but also plays an important role in managing and exploiting the full potential of human resources in the world.

----------

For more information, please contact:

Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

Attention: This legal update is not an advice and should not be treated as such.