CAN A WORK PERMIT BE EXTENDED? HOW LONG IS AN EXTENDED WORK PERMIT VALID?
QUESTION
Dear TLK Law Firm, I currently have questions and hope to hear from you as follows: I am working in a garment factory in Bac Ninh province and have signed a labor contract since August 2022. However, I learned that my work permit is about to expire but I don't know if the work permit can be renewed? And how long is the work permit extended? Looking forward to your company's answer. Thank you!
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Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
2. Decree No. 152/2020/ND-CP passed by the Government on December 30, 2020 regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working foreigners in Vietnam;
3. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
A work permit is a legal document that ensures employees participate in the labor process legally. However, work permits have a certain term and after that specified term expires, the employee will not be eligible to work. So can the work permit be extended? And how long is the extension? This is a question that many customers sent to TLK Law Firm.
Therefore, through this article, we will answer your questions about "Can a work permit be extended? How long is an extended work permit valid?”.
Photo 1. Can a work permit be extended? How long is an extended work permit valid?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO WORK PERMIT EXTENSION AND WORK PERMIT TIMELINE
1. What is a work permit?
Work permit is understood as a document issued by a competent Vietnamese state agency to workers when they meet all conditions when participating in labor. Workers who are granted work permits will be protected by Vietnamese law according to Vietnam's labor laws and their legal rights and interests will be legitimately protected.
2. Conditions for extending work permit
Pursuant to Decree No. 152/2020/ND-CP, when a worker has been issued a work permit by a competent state agency but wants to have his/her work permit extended, he or she must meet all the conditions after:
(1) The issued work permit is valid for at least 05 days but not more than 45 days;
(2) Approved by a competent authority for the need to employ foreign workers specified in Decree No. 152/2020/ND-CP;
(3) Documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
Thus, workers who want to renew their work permit need to meet the above conditions according to the provisions of law.
=> See more: Can the international travel service business license be reissued?
3. The term of the work permit and the term of the work permit are extended
Pursuant to Decree No. 152/2020/ND-CP, workers are granted a work permit for a period of one of the following cases but not exceeding 02 years:
(1) Term of the labor contract expected to be signed;
(2) Duration of the foreign party sending foreign workers to work in Vietnam;
(3) Term of contract or agreement signed between Vietnamese and foreign partners;
(4) Term of contract or service provision agreement signed between Vietnamese and foreign partners;
(5) Time limit stated in the service provider's document sending foreign workers to Vietnam to negotiate service provision;
(6) The term is determined in the operating license of the agency, organization or enterprise;
(7) Time limit in the service provider's document sending foreign workers to Vietnam to establish a commercial presence of that service provider;
(8) Time limit in documents proving that foreign workers are allowed to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam;
(9) Time limit in the document approving the use of foreign workers, except in cases where a report explaining the need to use foreign workers is not required according to the provisions of Decree No. 152/2020/ND-CP.
Thus, the term of the work permit is extended according to the term of one of the above cases but can only be extended once for a maximum period of 02 years.
Photo 2. Can a work permit be extended? How long is an extended work permit valid?_Hotline: 0972118764
II. SUMMARY OF ANSWER SECTION: CAN A WORK PERMIT BE EXTENDED? HOW LONG IS AN EXTENDED WORK PERMIT?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer!
- Employees who are granted a work permit by a competent Vietnamese state agency can have their work permit extended.
- Work permit can be renewed once, with a maximum term of 2 years.
=> See more: When is it necessary to apply for an international travel service business license? How long will it take?
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
IV. SOME QUESTIONS RELATED TO WORK PERMIT EXTENSION AND TIMELINE OF WORK PERMIT EXTENSION
Question 1: Will the work permit be revoked?
Reply:
The answer is Yes.
Pursuant to Decree No. 152/2020/ND-CP, work permits will be revoked in one of the following cases:
(1) Work permit expires;
(2) Employers or foreign workers do not comply with the regulations in Decree No. 152/2020/ND-CP;
(3) Foreign workers do not comply with Vietnamese law while working in Vietnam, affecting social security, order and safety.
Thus, workers working in Vietnam who fall into one of the above cases will have their work permits revoked by competent state agencies.
Question 2: Can the term of the labor contract between a foreign worker and the employer when working in Vietnam be more than 2 years?
Reply:
The answer is No.
Pursuant to Decree No. 152/2020/ND-CP, the contract term cannot exceed 02 years. Therefore, the term of the labor contract between the employer and the foreign employee working in Vietnam must not exceed 02 years. If this period exceeds, it means the work permit has expired and the employee is Foreign workers are no longer eligible to work in Vietnam. Therefore, when the work permit is about to expire, the foreigner can apply for an extension and the foreign worker and the employer can continue to sign a labor contract with a term of 02 years.
Question 3: What are the conditions for recruiting and employing foreign workers to work in Vietnam?
Reply:
Pursuant to the 2019 Labor Code, when recruiting and using foreign workers to work in Vietnam, businesses, agencies, organizations, individuals, and contractors need to meet the following conditions:
(1) Only foreign workers can be recruited to fill management, executive, expert and technical positions that Vietnamese workers cannot meet according to production and business needs;
(2) Before recruiting foreign workers to work in Vietnam, they must explain their need for labor and obtain written approval from a competent state agency;
(3) Before recruiting and using foreign workers to work in Vietnam, contractors must specifically declare the following information:
- Job positions;
- Professional qualifications, techniques, work experience;
- Working hours require the use of foreign workers to carry out the bidding package and obtain written approval from a competent state agency.
Thus, employers who want to employ workers need to meet the above conditions and obtain permission from competent authorities in Vietnam according to the provisions of law.
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
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