Currently, the regulations on recruitment of foreign workers working in Vietnam are mainly stipulated in Decree 152/2020/ND-CP dated 30/12/2022.
The procedure and order for extending the work permit of foreigners are respectively stipulated in Articles 17, 18, and 19 of the decree. Accordingly, at least 05 days but not more than 45 days before the expiry date of the work permit, the employer (company) must submit an application for extension of the work permit to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs that issued that work permit. The application for extension of work permit will include:
1. The document requesting extension of work permit of the employer (company).
2. 02 color photos (size 4 cm x 6 cm, white background, face straight, bare head, no colored glasses), photos taken not more than 06 months from the date of submission.
3. The work permit with valid term has been issued.
4. The document approving the demand for using foreign workers except for cases where it is not necessary to determine the demand for using foreign workers.
5. A certified copy of a passport with a valid term as prescribed by law.
6. Health certificate or health examination paper
7. One of the documents proving that the foreign worker continues to work for the employer (company) according to the content of the work permit that has been issued.
Notes related to the procedure for extending work permit:
1. The documents specified in Items 3, 4, 6 and 7 are 01 original or certified copy, if of a foreign country, they must be consular legalized and must be translated into Vietnamese except for cases where consular legalization is exempted according to the international convention that the Socialist Republic of Vietnam and the relevant foreign country are both members or according to the principle of reciprocity or according to the provisions of law.
2. In case of foreign workers working in the form of Labor contract, after the foreign worker is extended the work permit, the employer (company) and the foreign worker must sign a written labor contract according to the provisions of Vietnamese labor law before the expected date of continuing to work for the employer.
3. Only extended once with a maximum term of 02 years.
MT & Partners hope that the article will bring useful knowledge to our readers.50