Procedures for Extending a Work Permit in Vietnam

Foreign employees working in Vietnam must have a work permit. The maximum duration of a work permit in Vietnam is no more than 2 years. When the work permit expires, employees who wish to continue working in Vietnam need to apply for an extension. So, what are the conditions for extending a work permit? What is the procedure and process for extending a work permit? What documents are required for the extension? LHB Law Firm will address legal issues related to work permit extensions for clients. For those who need direct consultation, please contact Hotline: +84.969.088.118 (Zalo) for legal advice and support.

Conditions for Extending a Work Permit for Foreigners

According to labor law regulations, the conditions for extending a work permit are as follows:

• The work permit has been issued by the competent authority.
• The existing work permit must be valid for at least 5 days but no more than 45 days before it expires.
• The competent authority must approve the need for continuing the employment of foreign workers.
• Documentation must prove that the foreign worker will continue working for the employer according to the terms of the current work permit.

Employers must determine the need for employing foreign workers. Jobs that require foreign workers are those positions that Vietnamese workers cannot fill. Employers must report and explain their need to the competent authority before hiring foreign workers.

The Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs are the authorities that approve the use of foreign workers. Employers can only hire foreign workers after receiving written approval from these authorities.

Contact Labor Lawyers in Vietnam: Hotline +84.969.088.118 (Zalo).

Documents Required for Extending a Work Permit in Vietnam

The documents for extending a work permit are similar to those required for the initial work permit application. Specifically, the application should include:

• Request Letter for Extension: A letter from the employer requesting the extension of the work permit, using the form issued by the government. For the latest form, clients can contact LHB Law Firm.
• Photos: Two color photos (size 4 cm x 6 cm, with a white background, facing directly, without headwear, and no colored glasses), taken within the last 6 months.
• Current Work Permit: The existing work permit that is still valid.
• Approval Document: Document from the competent authority approving the need for foreign workers.
• Passport Copy: A certified copy of the passport or a copy of the passport with the employer’s confirmation.
• Health Certificate: A health certificate or medical examination report.
• Proof of Continued Employment: Documents proving that the foreign worker will continue working for the employer according to the terms of the current work permit.

Note: The documents must be originals or certified copies. If the documents are from a foreigner, they must be consular legalized and translated into Vietnamese, unless exempt from consular legalization.

Contact Labor Lawyers in Vietnam: Hotline +84.969.088.118 (Zalo).

Procedure for Extending a Work Permit in Vietnam

At least 5 days but no more than 45 days before the work permit expires, the employer must submit the application for extending the work permit to the Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs.

Within 5 working days from the date of receiving a complete application for the extension, the Ministry or the Department will issue a written decision approving the extension of the work permit. If the extension is not granted, the authority must provide a written response with a detailed explanation of the reasons.

Customers can contact labor lawyers for consultation by following these steps:

What is the duration of a new work permit?

For a first-time work permit, the maximum duration is up to 2 years. Extensions can be granted once, with the duration depending on individual circumstances. The extension period cannot exceed 2 years. The duration of a work permit depends on:

• The term of the employment contract expected to be signed;
• The duration for which the foreign entity has sent the foreign worker to work in Vietnam;
• The term of the contract or agreement between the Vietnamese and foreign partners;
• The term of the contract or service agreement between the Vietnamese and foreign partners;
• The term stated in the document from the service provider sending foreign workers to Vietnam for service negotiations;
• The term specified in the operational license of the agency, organization, or business;
• The term in the document from the service provider sending foreign workers to Vietnam to establish a commercial presence;
• The term in the document proving that the foreign worker will participate in the activities of a foreign enterprise already established in Vietnam;
• The term in the document approving the use of foreign workers.

Contact a Lawyer in Vietnam at Hotline :+84.969.088.118 (Zalo)

Lawyer Assistance for Work Permit Procedures

Currently, LHB Law Firm offers the following services to support clients with work permits:

• Consultation on Preparing Documents: Guidance on preparing documents and paperwork for extending a work permit.
• Procedural Advice: Advice on the process and procedures for extending a work permit with the relevant authorities.
• Support with Notarization and Translation: Assistance with notarizing, translating, and consular legalization of necessary documents.
• Authorization Services: Acting on behalf of clients to handle the work permit extension procedures in Vietnam.

After receiving the case details, LHB Law Firm will review and prepare a plan, then inform the client of the lawyer’s service fee for consideration. Our legal fees are determined based on the following criteria:

• Nature and Complexity: The nature and complexity of the case.
• Time and Scope: The time and scope of the lawyer’s work.
• Expertise and Experience: The professional quality and experience of the lawyer handling the case.
• Client’s Requirements: The specific needs and requests of the client.
• Legal Regulations: Regulations regarding legal service fees.

Contact a Lawyer in Vietnam at Hotline :+84.969.088.118 (Zalo)

Contact LHB Law Firm – Labor Lawyers in Vietnam

LHB Law Firm is a leading legal practice organization in Vietnam, renowned for its professional and efficient service. Our team of highly skilled and experienced lawyers and legal professionals is confident in addressing most legal issues. With offices and branches across the country, we can handle matters in all 63 provinces and cities.

For those interested in using the services of LHB Law Firm, please contact us through one of the following methods:

• For direct consultations, visit our offices at: Ha Noi, Ha Tinh, Da Nang, Ho Chi Minh City
• Phone: +84.969.088.118 (Zalo) 
• Email: luathungbach@gmail.com
• Website: lhblawfirm.vn

Sincerely!

CN.