Procedures For Applying For A Work Permit Extension For A Foreigner

The work permit is about to expire; The work permit is corrupted, lost or changes in content, the employer needs to apply for an extension or reissue to create favorable conditions for workers to work in Vietnam.
Who must apply for a foreigner's work permit extension?
In either of the following cases, the organization or enterprise that provides guarantee for foreigners working in Vietnam (the employer) is responsible for extending the Employment Permit for foreigners.
When the validity of the work permit is lost, damaged or changes in the content of the work permit, except for the cases specified in Clause 8 Article 10 of Decree 11/2016 / ND-CP
The work permit is only valid for 05-45 days.
How long should an extension of the Work Permit for foreigners be?
At least 05 days but not more than 45 days before the expiry of the work permit, the employer must submit an application for reissuance of the work permit.
30 days before, the employer must submit a written request to approve the need to recruit foreign workers

.
Where to apply for an extension of work permit for foreigners?
When applying for a work permit for foreigners, the employer submits documents for approving the need to recruit foreign workers as well as the dossier of application for a work permit to the Department of Labor - Invalids and Society.
As a result, the application for reissuance of a Work Permit for foreigners is also submitted at this agency.
What is the dossier for re-issue of work permit to foreigners?
The employer needs to prepare a complete set of documents including 01 original (certified by competent authorities) and, or 01 notarized copy If the documents are in foreign languages, they must be translated into Vietnamese and authenticated according to the provisions of Vietnamese law.




Documents to be prepared include:
Document / application for reissuance / extension of Work Permit for foreigners according to form No. 7 - according to Circular 40/2016;
02 color photos 4 * 6cm;
The issued work permit is valid for 05-45 days;
Health certificate. You need to have a medical examination to get a work permit at a competent medical facility;
The written approval for foreign enterprise / organization / individual is granted by the President of the provincial People's Committee.
In case a work permit is lost, it must be certified by a commune-level police agency of Vietnam or a foreign competent agency as prescribed by law;
In case of changes in the content of the work permit, there must be proofs;
Documents that arise at the request of the local authority:
Written dispatch of foreign workers to work in Vietnam by the foreign party;
Contracts / agreements signed between employers in Vietnam and foreign partners, including terms and conditions of the agreement on foreign workers working in Vietnam;
Documents of foreign service providers sending foreign workers to Vietnam to establish trade representatives and documents proving that employees working at the service provider are sent to Vietnam to participate. on the operation of the enterprise;
A certificate of a foreign organization licensed to operate in Vietnam and a document proving if the employee is working at that organization;
All other identity documents if required.
Reissuance of a work permit is stipulated in Decree 11/2016 / ND-CP
The process of applying for a work permit extension for foreigners
Step 1: Prepare 01 - 02 sets of complete documents according to the above list
Step 2: Submit application for reissuance of Work Permit to Department of Labor - Invalids and Social Affairs and receive an appointment letter.
Step 3: Within 03 working days from the date of receipt of a complete application file (if there are no arising factors), the employee returns to the place where the application for work permit is returned by the Department of Labor - Invalids and Social level
In case of refusal to re-issue the work permit, the employer will reply in writing, clearly stating the reason.




Step 4: The employer and the employee extend or re-sign a written labor contract, which takes effect in Vietnam before the expected date of continued employment.
The content of a labor contract must not be contrary to the content of the work permit.
Step 5: Within 05 working days from the date of signing / extending the Labor Contract, the employer shall send a copy (certified) of the contract and a copy (certified) of the work permit has been reissued / extended to the Department of Labor - Invalids and Social Affairs.
How long is a reissued work permit valid?
According to Clause 1, Article 13 of Decree 11/2016 / ND-CP, the term of a work permit
It is granted for the duration of one of the following cases, but not exceeding 02 years:
Term of the labor contract;
The duration according to the documents of the foreign party appointing foreign laborers to work in Vietnam;
Term of a contract or agreement signed between a Vietnamese and foreign partner;
The duration has been determined in the certificate of the foreign non-governmental organization or international organization permitted to operate.

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