HOW TO RENEW VIETNAM WORK PERMIT

Foreigner labors having a valid work permit and continue working for a current company, they must renew the work permit before 45 days period to the expiry date of the current work permit. One of the most important conditions allowing you to apply for work permit renewal is that the information of yourself (full name, passport number,…) and of the sponsored company/ organization must be the same as that of the recent work permit. The work permit extension application dossier for foreign nationals must be submitted to the provincial Department of Labor, Invalids and Social Affairs (DoLISA) at least 5 days but less than 45 days before the expiry date of the current work permit. Vietnam Authorities are becoming stricter regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries.

CONDITIONS FOR RENEWING WORK PERMIT IN VIETNAM

It is fairly easy to renew a work permit in Vietnam, as long as the applicant is continuing the job for which they were initially granted the permit. If this is the case then the employer must apply for this renewal at least 45 days before the existing permit expires. Furthermore, certain conditions must be met in order for an expat to be eligible for renewal.

• The foreigner worker continues to extend the labour contract and hold their position as long as there have been no breaches of labour discipline as stipulated in the Labour Code;
• The employer must show that they are planning to or are conducting training of Vietnamese employees to perform the jobs currently performed by foreigners;
• The information on the current work permit is unchanged especially passport number, job position.

If applicants meet these conditions, and the employer can submit an application on the employee’s behalf and within 45 days before the expiry date of the work permit, the Labour, War Invalids and Social Affairs Service should grant an extension to the work permit.

REQUIRED DOCUMENTS FOR WORK PERMIT RENEWAL

1.    Request form for work permit extension from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs;

2.    Health check certificate must be issued by the hospital/clinic appointed by DOLISA; 

3.    Three recent passport-sized photos (These photos should be taken with bareheaded, frontal view, showing the face and ears clearly, without glasses, and on a white background and within the last 6 months from the date on which the expat lodges the application dossier for work permit); 

4.    The original work permit (the work permit is valid for at least 05 days but not more than 45 days); 

5.    People's Committee approval; 

6.    Notarized true copy of labour contract.

THE TERM OF WORK PERMIT RENEWAL 
The validity period of a work permit is equal to the duration of the labor contract to be signed as far as the period is less than 02 years.

WHAT WILL GO WRONG?
The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.

If employers employ any foreigner without a work permit, with an outdated one, or without confirmation issued by the competent authority of work permit exemption, the employers will be subject to penalty ranges as follows:

• VND30 million to VND45 million for up to 10 foreign workers
• VND45 million to VND60 million for 11 to 20 foreign workers
• VND60 million to VND 75 million for over 21 workers.

Employers could also be suspended from operating for up to three months if the violation is serious enough.

THE NECESSARY DOCUMENTS FOR FOREIGN WORKERS IN VIETNAM

When foreigners working in Vietnam, there are a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for a foreign worker in Vietnam, including:

• Short-term Business Visas
• Work Permits
• Temporary Residence Cards

For further information please contact:
Discovery Indochina Travel Co., Ltd
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Ho Chi Minh City | Vietnam
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Email: Info@visa5s.com or Visa@ditravel.vn
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