The procedure for the extension of Work Permit 2021

1. Conditions for the extension of a Work Permit 

To extend a Work Permit, a worker must meet the following requirements:

- The remaining validity period of the Work Permit is at least 5 days but not exceeding 45 days.

- The competent authority grants an acceptance of demand for foreign workers.

- A document supporting that the foreign worker will continue in employment with the employer as specified in the concerned Work Permit is available.

Note: If the Work Permit is issued according to the provisions of Decree 11/2016/ND-CP, this extension procedure cannot be implemented, but a new Work Permit procedure is required.

2. The procedure for the extension of Work Permit 

a. Step 1. Register the demand for foreign workers

- Licensing authority: Department of Labor, War Invalids and Social Affairs.

- Estimated time: 10 working days.

- Application include: A written explanation of the demand for foreign workers.

b. Step 2. Extend Work Permit

- Licensing authority: Department of Labor, War Invalids and Social Affairs.

- Estimated time: 05 working days.

- Applications include:

• An application form for renewal of Work Permit made by the employer.

• 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

• The unexpired Work Permit.

• An acceptance of demand for foreign workers, unless it is not required.

• A valid certified true copy of passport as per the law.

• A fitness to work certificate.

• Any document that the foreign worker will continue in employment with the employer as specified in the concerned Work Permit.

2. The term of the extended Work Permit 

The Work Permit may be extended once with a maximum term of 2 years.

3. Sanctions for not extending Work Permit

For the act of using the expired Work Permit/Certification of Exemption from Work Permit, the enterprise will be penalized as follows:

- From 30,000,000 VND to 45,000,000 VND with violations from 01 person to 10 people.

- From 45,000,000 VND to 60,000,000 VND with violations from 11 to 20 people.

- From 60,000,000 VND to 75,000,000 VND for violations from 21 people or more.

For this act, the foreign worker will be sanctioned as follows: From VND 15,000,000 to VND 25,000,000.

4. Legal basis

- Labor Law 2019.

- Decree No. 152/2020 / ND-CP dated December 30, 2020 on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.