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.
CONDITIONS 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.
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
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.
WHAT WILL GO WRONG?
The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.
If employers employ any foreigner without a work permit, with an outdated one, or without confirmation issued by the competent authority of work permit exemption, the employers will be subject to penalty ranges as follows:
Employers could also be suspended from operating for up to three months if the violation is serious enough.
THE NECESSARY DOCUMENTS FOR FOREIGN WORKERS IN VIETNAM
When foreigners working in Vietnam, there are a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for a foreign worker in Vietnam, including:
OTHER INFORMATION RELATED TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD
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