Procedure for Extending a Work Visa for Foreign Nationals 2️⃣0️⃣2️⃣3️⃣
When employing foreign workers, businesses need to pay attention to issues such as the validity of work permits, visa expiration dates, and temporary residence periods. The following article will guide you through the procedure for extending work visas for foreign employees working in Vietnam.
Legal Basis for Extending Work Visas for Foreign Nationals in Vietnam
- Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (2014);
- Law No. 51/2019/QH14 on amendments and supplements to certain provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam;
- Circular No. 04/2015/TT-BCA detailing documents related to entry, exit, and residence of foreigners in Vietnam;
- Circular No. 31/2015/TT-BCA providing guidance on the issuance of visas, temporary residence cards, exit and entry permits, and permanent residence for foreigners in Vietnam.
What is a Work Visa?
A work visa, or labor visa, is a type of visa issued to foreign workers for the purpose of legally working in Vietnam for a period of no more than 2 years. Typically, the visa is granted according to the duration of the work permit or work permit exemption certificate.
According to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (2014), a work visa is designated with the symbol LĐ, which stands for LĐ Visa. The Law defines two types of work visas:
- LĐ1 Visa: Issued to foreign workers in Vietnam who are confirmed to not require a work permit, except in cases where an international treaty to which the Socialist Republic of Vietnam is a party stipulates otherwise.
- LĐ2 Visa: Issued to foreign workers in Vietnam who are required to have a work permit.
Duration of a Work Visa
A work visa with a duration of more than 1 year is referred to as a Temporary Residence Card (TRC). A work visa with a duration of 1 year or less is called a LĐ Visa.
The LĐ1 Visa and LĐ2 Visa have a maximum duration of 1 year in the following cases:
- The work permit or work permit exemption certificate is valid for 1 year or less.
- Foreign experts from China with E passports.
- The foreign worker’s passport is valid for less than 1 year, even if the work permit or exemption certificate is valid for more than 1 year.
When a LĐ Visa is nearing its expiration and the work permit or work permit exemption certificate is still valid, if the foreign worker wishes to continue working in Vietnam, they can apply for a visa extension according to the validity of the work permit or work permit exemption certificate.
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Conditions for Extending a Work Visa
To be eligible for a work visa extension, foreign workers must meet the following conditions:
- The passport must be valid for at least 1 month longer than the desired visa extension period.
- The foreign worker must have a valid work permit or work permit exemption certificate.
- The foreign worker must be legally residing in Vietnam and have registered their temporary residence according to the regulations.
Procedure for Extending a Work Visa for Foreigners
Step 1: Prepare a complete and valid set of documents. The required documents for extending a work visa (LĐ Visa) for foreigners include:
- The original passport of the foreign worker, valid for more than 30 days beyond the date of the visa extension request.
- The current visa that needs to be extended.
- A completed visa extension application form (Form NA5).
- A valid work permit or work permit exemption certificate.
- A temporary residence confirmation from the local police where the foreign worker is residing, or a printed copy of the online registration form if registering temporary residence online.
Step 2: Submit the Application
Foreign workers can submit their application and proceed with the work visa extension process at the Immigration Department of the province/city or at the Vietnam Immigration Department:
- Headquarters in Hanoi: 44 – 46 Tran Phu Street, Ba Dinh District, Hanoi.
- Representative Office in Ho Chi Minh City: 333 – 335 – 337 Nguyen Trai Street, District 1, Ho Chi Minh City.
Step 3: Receive Results
After approximately 5 working days, the foreign worker should go to the submission location (from Step 2) to present the receipt to the officer for verification. If the work visa extension is successful, the worker will pay the extension fee and receive the results.
Costs for Extending a Work Visa for Foreigners
According to Circular 25/2021/TT-BTC, the fees for issuing or extending visas for foreigners are as follows:
- Single-entry visa: 25 USD per visa.
- Multiple-entry visa:
- Valid for up to 3 months: 50 USD per visa.
- Valid for more than 3 months to 6 months: 95 USD per visa.
- Valid for more than 6 months to 12 months: 135 USD per visa.
- Valid for more than 12 months to 2 years: 145 USD per visa.
- Valid for more than 2 years to 5 years: 155 USD per visa.
- Temporary residence extension: 10 USD per extension.
Legal consultancy service for extending work visa for foreign workers at Siglaw Firm
- Committed to providing reasonable and cost-effective fees for extending work visas for foreign workers.
- 100% success rate in completing the work visa extension process on schedule.
- No additional fees incurred when using the consultancy service for extending work visas.
- Free consultation on business advantages: Analyze the strengths of the business in relation to current legal regulations.
- Free consultation available 24/7, always ready to assist clients.
- Legal risk management for businesses.
- Enthusiastic, dedicated, and attentive service, ensuring clients’ peace of mind when using the service.
For comprehensive consultation, please contact Siglaw Firm:
Phone: (+84) 961 366 238
Email:
- vphn@siglaw.com.vn
- vphcm@siglaw.com.vn
Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.
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