Pursuant to the new Degree No 11/2016/ND-CP issued on 3 February 2016 hereby details on the implementation of Labor Code regarding to the foreign labor working in Viet Nam, if foreign workers plan to continue working in Vietnam and their current work permit’s validity is more than 30 days, they must submit the form for explanation of foreign labor usage plan in advance. In certain circumstances, a second extension to the work permit may be allowed. The work permit extension application dossier for foreign nationals must be submitted to the local Department of Labour and Social Welfare at least 5 days but less than 45 days before the expiry date of the current work permit.
REQUIREMENTS APPLYING FOR WORK PERMIT EXTENSION IN VIETNAM
It is fairly easy to extend 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 extension at least 30 days before the existing permit expires. Furthermore, certain conditions must be met in order for an expat to be eligible for extension.
- 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 EXTENSION
- Request form for work permit extension from the employer in accordance with regulations of the Ministry of Labor – Invalids and Social Affairs;
- Health check certificate must be issued by the hospital/clinic appointed by DOLISA
- 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)
- The original work permit (The work permit is valid for at least 05 days but not more than 45 days)
- People’s Committee approval
- Notarized true copy of labour contract
THE TERM OF WORK PERMIT EXTENSION
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.
CONSEQUENCES OF BREACH
Working in Vietnam without a work permit is still an administrative violation. Such violation is subject to administrative sanctions, but not criminal liability. Correspondingly, a foreigner may not be imprisoned but deported. An employer whose foreign employees do not have a work permit may be fined. Working in Vietnam without a work permit becomes more complicated in solving disputes (if any) in front of the Vietnamese Courts. Vietnamese legislation lacks regulations on this matter. Labour Law is one-sided to protect workers and it is a duty of employer to apply for a work permit for the employee. As a result, the employer must bear burden of proofs and discharges obligations and compensation to his employee. It is particularly recommended that foreign employee working in Vietnam must obtain a work permit.
For further information please contact:
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