How to apply for renewal of a Vietnam work permit?
Pursuant to the new Document No. 11/2016/ND-CP issued on February 3, 2016 implemented in detail in the Labor Code on foreign workers in Vietnam, if the foreign worker intends to continue to work in Vietnam and their current work permit is valid for more than 30 days they must submit in advance the Plan explanation using foreign workers. In certain cases, a work permit can be renewed for a second time. The application for renewal of a work permit for a foreign citizen must be submitted to the local Department of Labor and Social Welfare at least 5 days but less than 45 days before the expiration date of the current work permit.
Condition of extending work permits in Vietnam
Renewing a work permit in Vietnam is quite easy, as long as the applicant continues the job for which they were first licensed. If this is the case, the employer must apply for an extension at least 30 days before the existing work permit expires. Furthermore, there are some conditions that must be fulfilled, therefore a foreigner can be eligible for the extension.
- The foreign worker is allowed to continue extending the labor contract and holding the position with no labor discipline violated in accordance with the provisions of the Labor Code;
- The employer must demonstrate that they are planning or conducting training Vietnamese workers to perform the work that the foreigner is doing;
- The information on current work permit is unchanged, especially passport number, job position.
If the applicant meets these conditions and the employer can apply within 45 days before the work permit expires on behalf of the employee to the Department of Labor – Invalids and Social Affairs to extend.
The required documents for renewing a work permit
- A request application of work permit extension of the employer in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs;
- The health certificate must be issued by a hospital/clinic designated by the Department of Labor, War Invalids and Social Affairs;
- Three recent passport-sized photos (Headless photo, centered, clear face and ear, no glasses, white background, and within the last 6 months from the date foreigners apply for work permit);
- Original work permit (Work permit is valid for at least 05 days but not more than 45 days);
- Approved by the People’s Committee;
- Notarized copy of the labor contract.
Work permit extension term
The term of the work permit is equal to the term of the less than 2 year labor contract signed.
What will happen if rules are violated?
The Government of Vietnam will expel any foreigner working in Vietnam without a work permit or with an expired permit. For employers, the employer will be fined from 5 million VND to 10 million VND for not declaring or not fully declaring the foreigner’s jobs to the competent authority. If the employer using a foreigner without a work permit, or work permit has expired or without the competent authority’s certification of the exemption, the employer will are subject to the following penalties:
- 30 million VND to 45 million VND for a maximum of 10 foreign workers;
- 45 million VND to 60 million VND for 11 to 20 foreign workers;
- 60 million VND to 75 million VND for over 21 workers;
An employer can also be suspended up to three months if the violation is serious enough.
Required documents for foreigners working in Vietnam
When foreigners work in Vietnam, there are a number of procedures and legal frameworks that must be understood. In this article, we discuss the necessary documents for foreign workers in Vietnam, including: