PROCEDURE FOR EXTENDING WORK PERMITS

1. Legal Basis

- Labor Code No. 45/2019/QH14 dated November 20, 2019;

- Decree No. 219/2025/NĐ-CP dated August 7, 2025, regulating foreign employees working in Vietnam.

2. What is a Work Permit

Currently, Vietnamese law does not provide a specific definition of a work permit. However, under Point d, Clause 1, Article 151 of the 2019 Labor Code, one of the conditions for a foreign employee to work in Vietnam is to have a work permit issued by a competent Vietnamese state agency, except in cases exempted from the work permit requirement.

Therefore, a work permit can be understood as a document issued by a competent Vietnamese state agency that authorizes a foreign employee to work legally in Vietnam for a specified period.

3. Duration of a Work Permit

Pursuant to Article 21 of Decree No. 219/2025/ND-CP, the duration of a work permit shall be granted according to the duration of one of the following cases, but not exceeding 2 years::

- The term of the labor contract to be signed;

- The duration specified in the document of the foreign party sending the foreign employee to work in Vietnam;

- The duration of the contract or agreement signed between Vietnamese and foreign partners, or between Vietnamese partners;

- The duration of the service contract or agreement signed between Vietnamese and foreign partners;

- The duration specified in the document of the service provider sending the foreign employee to Vietnam to negotiate the provision of services;

- The duration determined in the business license, establishment, or operational license of an agency, organization, or enterprise;

- The duration specified in the document of the service provider sending the foreign employee to Vietnam to establish the commercial presence of that service provider;

- The duration specified in the document proving that the foreign employee is allowed to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam;

- The duration specified in the document of the foreign party sending the foreign employee under an agreement or international treaty to which the Socialist Republic of Vietnam is a member;

- The duration specified in the document of the foreign party sending the foreign employee under an international agreement signed by a central or provincial-level agency or organization.

Simultaneously, pursuant to Article 29 of Decree No. 219/2025/ND-CP, a work permit may only be extended once, with a maximum duration of 2 years, and must comply with the duration limits specified above.

4. Documents Required for Work Permit Extension

The dossier for requesting a work permit extension is stipulated in Article 27 of Decree No. 219/2025/ND-CP and includes the following documents:

- A written report from the employer explaining the need to employ foreign workers and requesting the extension of the work permit (Form No. 03 of Decree No. 219/2025/ND-CP);

- A health certificate issued by a medical facility authorized to provide such certificates, except in cases where the health check results are already connected and shared via the Medical Examination and Treatment Management Information System or the National Health Database;

For health certificates issued by foreign authorized medical facilities, these may be used if Vietnam and the foreign country or territory issuing the certificate have a treaty or agreement of mutual recognition, and the certificate is valid for no more than 12 months from the date of issuance;

- 02 color photographs (size 4cm x 6cm, white background, full-face view, uncovered head, no glasses);

- The current valid work permit;

- A valid passport;

- Documents proving the form of employment of the foreign worker, except in cases where the foreign worker is employed under a labor contract. These documents include one of the following:

(i) Carrying out economic or social contracts/agreements; participating in bids or projects in Vietnam: A written document from the employer sending the foreign worker along with the signed contract or agreement;

(ii) Service provision: A written document from the service provider sending the foreign worker to Vietnam to negotiate the provision of services;

(iii) Secondment from a foreign agency, organization, or enterprise to work in Vietnam (excluding internal transfers within the same enterprise): A written document from the foreign employer sending the foreign worker to Vietnam in accordance with the intended position;

(iv) Chairman of the Board, member of the Board of a joint-stock company, owner, or member of a limited liability company with a capital contribution of less than VND 3 billion: Documents proving that the person is a manager as prescribed in Clause 1, Article 3 of Decree No. 219/2025/ND-CP;

(v) Internal transfer within an enterprise: A written document from the foreign employer sending the foreign worker to work temporarily at the commercial presence in Vietnam;

(vi) Service provider under contract: The service contract signed between the Vietnamese and foreign partners. 

5. Procedure for Work Permit Extension

The procedure for extending a work permit is specifically stipulated in Article 28 of Decree No. 219/2025/ND-CP as follows:

Step 1: Prepare the dossier for requesting a work permit extension;

Step 2: At least 10 days but not more than 45 days before the expiration of the work permit, the employer shall submit the dossier either directly, via public postal services, through a service provider (enterprise or individual), or by authorized representative, to the Public Administrative Service Center in the locality where the foreign employee is working;

Step 3: The local Public Administrative Service Center forwards the dossier to the competent authority responsible for extending work permits;

Step 4: Within 10 working days from the date of receiving a complete dossier, the competent authority shall review and approve the need for the foreign worker and proceed with the extension of the work permit;

In cases where the request to employ the foreign worker is not approved or the work permit is not extended, the authority must provide a written response clearly stating the reasons.

*Note: For foreign employees working under a labor contract, or performing labor contracts with a foreign diplomatic mission or foreign organization in Vietnam, once the work permit is extended, the employer and the foreign employee must enter into a written labor contract in accordance with Vietnamese labor law before the employee is scheduled to continue working for the employer.

Extending a work permit, ultimately, is an administrative procedure but carries the significance of maintaining the rights and obligations of both the employee and the employer. In the context of Vietnam’s increasingly comprehensive labor laws, understanding the procedure, deadlines, and required documents for an extension not only meets management requirements but also allows the parties to plan personnel and business operations more proactively. When an enterprise fully complies with the regulations on work permit extension, it ensures the continuity of foreign-involved labor activities and contributes to reinforcing confidence in the rigor and stability of Vietnam’s legal system.

In practice, this administrative procedure may encounter obstacles related to documents, deadlines, or additional information requirements. Therefore, seeking advice from reputable legal organizations helps both employees and enterprises prepare accurate dossiers, ensures procedures are carried out in compliance with the law, and minimizes legal risks and potential disruptions to business and production activities.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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