When your Vietnam work permit becomes expired, you need to extend Vietnam work permit. When your work permit become lost or damaged, you need to get it re-issued. So, what is Vietnam work permit extension/reissuance, and how to get it done smoothly. You will get the answer here.
This post about Vietnam work permit extension and reissuance will cover:
- Vietnam work permit extension
- Vietnam work permit extension requirements
- How to extend Vietnam work permit
- Validity of the extended work permit of Vietnam
- Vietnam work permit re-issuance
- Requirements for Vietnam work permit re-issuance
- How to get Vietnam work permit re-issued
- Validity of the reissued Vietnam work permit.
1. Vietnam work permit extension
Vietnam work permit extension (or Vietnam work permit renewal) is the process to extend the validity of the work permit which is about to expire. According to Article 155 of the Labor Code No. 45/2019/QH14, a work permit is valid for up to 02 years and can be extended ONCE for maximum 02 years.
Important note: Paying attention to your Vietnam work permit to get it extended before its expiry date is very important, as foreigners working in Vietnam with an expired work permit may be subject to deportation and their employers may be subject to a fine of up to VND 75,000,000.
1.1 Vietnam work permit extension requirements
As provided for in Article 5 Decree No. 152/2020/ND-CP taking effect on February 15, 2021, your Vietnam work permit can be extended when the following requirements are met:
- Your work permit is valid for 5 to 45 days only;
- Your employer gets approval of demand on employing foreign workers (as mentioned in Step 1 of the work permit extension procedure below); and
- There is a document supporting that the you will continue working for the employer as specified in the work permit to be extended.
1.2 How to extend Vietnam work permit
Here come 4 steps of the Vietnam work permit extension procedure:
Step 1: Obtain approval of demand on employing foreign workers
At least 35 days before the expiry date of the work permit, the employer shall submit the application for approval of demand on using foreign workers.
In this step, the employer needs to prepare the following documents:
- Registration form for demand on using foreign workers (Form No. 02/PLI issued under the Decree No. 152/2020/ND-CP)
- Certified copy of business registration.
Then, all these documents will be submitted to the Ministry of Labor, War Invalids and Social Affairs or People’s Committee of the Province or central-affiliated city where the foreign worker is working.
The employer will get the approval after 10 working days.
Step 2: Prepare documents to renew Vietnam work permit
In this step, the employer will prepare the following documents for Vietnam work permit renewal/extension:
- Application form for Vietnam work permit extension (Form No. 11/PLI);
- 02 4*6cm photos taken within 6 months;
- Unexpired work permit;
- Original approval of demand for foreign workers, unless it is not required;
- Original health check;
- Any documents to support that the foreign worker will continue working with the employer specified in the concerned work permit. In case those documents are issued abroad, it should be legalized, translated into Vietnam and certified unless it is subject for consular legalization exemption.
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Step 3: Submit documents to renew work permit in Vietnam:
At least 5 to 45 days before the work permit becomes expired, the employer shall submit the documents prepared to the Ministry of Labor, War Invalids and Social Affairs that or the Department of Labor, War Invalids and Social Affairs that issued the current work permit.
Step 4: Get the extended work permit
The Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall, within 5 working days after receiving a duly completed application, renew the Vietnam work permit. If the application is rejected, a written explanation shall be provided. This is the entire process to renew a Vietnams work permit. In case you find it hard to follow, feel free to contact us for consultation.
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1.3 Validity of Extended work permit in Vietnam
Like a new work permit, the extended work permit is valid for the same validity of either of the following documents but not exceeding 02 years:
- Employment contract to be signed between the employer and the foreign worker;
- foreign worker’s assignment in Vietnam by the foreign party;
- contract or agreement concluded between Vietnamese and foreign partners;
- service contract or agreement concluded between Vietnamese and foreign partners;
- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision;
- Validity period in operation license of the agency, organization or enterprise;
- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence;
- Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam;
- Duration stated in the acceptance of employment of foreign worker.
2. Vietnam work permit re-issuance
The re-issuance of Vietnam work permit has been clearly defined in the Decree No. 152/2020/ND-CP as follows:
2.1 Requirements for Vietnam work permit reissuance
According to Article 12 of such Decree, the work permit of Vietnam will be re-issued in the following cases:
- The unexpired work permit is lost.
- The unexpired work permit is damaged.
- The unexpired work permit needs changes of full name, nationality, passport number, or working place thereon.
2. How to get Vietnam work permit reissued
The process of applying for work permit reissuance will cover 2 steps as follows:
Step 1: Prepare document for re-issuing work permit
In this step, the employer will need to prepare the following documents:
- Application form for Vietnam work permit re-issuance (Form No. 11/PLI);
- 02 4*6cm photos taken within 6 months;
- Certification by the Police office at commune level in Vietnam or any competent authority in foreign country in case of lost work permit. It is original or certified true copy if issued in Vietnam, otherwise, it should be legalized, translated into Vietnamese and certified; OR
- Documented evidence in case of changes of work permit details subject to work permit reissuance. It is original or certified true copy if issued in Vietnam, otherwise, it should be legalized, translated into Vietnamese and certified;
- Original approval of demand for foreign workers, unless it is not required;
Step 2: Submit documents and receive re-issued work permit
The employer will submit the documents mentioned above to the Ministry of Labor, War Invalids and Social Affairs that or the Department of Labor, War Invalids and Social Affairs that issued the lost/damaged/changed work permit. This authority will re-issue the work permit after 03 working days of receiving full valid documents. In case of refusal, a detailed explanation will be provided.
2.3 Validity of the reissued Vietnam work permit
The reissued work permit will be valid for the remaining validity of the lost/damages/changed work permit.
So, you have gone through the procedure to re-issue a lost/damaged/changed work permit. In case you find it complicated, you are highly recommended to contact us for consultation. You can call us at +84.946.583.583, email us at [email protected] or leave us a message here, we will get back to you within 04 working hours. With more than 10 years’ experience, we are confident that you will get the best instruction from us.
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