Extending a work permit in Vietnam requires foreign employees to submit the correct extension form and supporting documents. Understanding the format and requirements helps reduce processing time and avoid legal risks. This guide provides a clear outline of the official extension form and how to complete it properly.
Conditions for Work Permit Extension
- The work permit must remain valid for at least 5 days but no more than 45 days from the date the extension application is submitted.
- The employer must have approval from the competent authority regarding the continued need to employ a foreign worker.
- Supporting documents must prove that the foreign worker continues to work in the same position, job title, and for the same employer as stated in the issued work permit.
Penalties for not having or not renewing a work permit in Vietnam
Both foreign workers and employers may face administrative penalties if they fail to comply with Vietnam’s work permit regulations. Violations include the following:
For Foreign Workers
Foreign workers are subject to a fine of VND 15,000,000 – 25,000,000 for:
- Working without a valid work permit or without a certificate of exemption;
- Using a work permit or exemption certificate that has expired.
For Employers
Employers who hire foreign workers without a valid work permit or exemption certificate, or with an expired permit, will be fined:
- VND 30,000,000 – 45,000,000 for violations involving 1–10 workers;
- VND 45,000,000 – 60,000,000 for 11–20 workers;
- VND 60,000,000 – 75,000,000 for 21 workers or more.
Additional Penalty
Foreign workers committing these violations may also be deported from Vietnam.
Documents Required for Work Permit Extension
- Employer’s official request reporting the continued need for the foreign worker and requesting work permit extension (Form No.03, Appendix issued with Decree 219/2025/ND-CP).
- Health certificate issued by a licensed medical facility
- Two recent color photos
- Valid work permit already issued
- Valid passport
- Documents proving the foreign worker’s type of work, except when working under a standard labor contract.
Work Permit Extension Procedure
Step 1: Prepare and Submit Documents
The applicant must prepare the complete set of documents for the work permit extension and submit them to the Ministry of Labor – Invalids and Social Affairs (Department of Employment) at least 5 days but no more than 45 days before the current work permit expires.
Step 2: Review and Issue Extension
Within 5 working days from the date of receiving a complete application, the competent authority will review and issue the work permit extension. If the extension is not approved, the authority will provide a written explanation stating the reason.
Note on Labor Contract
For foreign workers employed under a labor contract, after the work permit is extended, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the scheduled continuation date. The employer must submit the original or certified copy of the signed labor contract to the Ministry of Labor – Invalids and Social Affairs (Department of Employment) upon request.
For detailed consultation, document preparation, and assistance with extending foreign workers’ work permits in Vietnam, please contact Siglaw today.
Hotline: 0961 366 238
Email: vphn@siglaw.com.vn
Website: en.siglaw.com.vn
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