Extension of work permit for expatriate managers and directors

Typically, the maximum duration of a work permit for a manager or director is 2 years. However, the actual validity period of an issued work permit may also depend on the duration of one of the following:

• The expected employment contract with the foreign worker.

• The duration for which the foreign entity sends the foreign worker to work in Vietnam.

• The duration of the contract or agreement signed between the Vietnamese and foreign partners.

• The duration of the contract or agreement for the provision of services signed between the Vietnamese and foreign partners.

• The duration stated in the document of the service provider sending the foreign worker to Vietnam for negotiation of the provision of services.

• The duration specified in the license of operation of the agency, organization, or enterprise.

• The duration stated in the document of the service provider sending the foreign worker to Vietnam to establish a commercial presence of that service provider.

• The duration stated in the document proving that the foreign worker is participating in the activities of a foreign enterprise that has established a commercial presence in Vietnam.

• The duration stated in the document approving the use of foreign workers that the Department of Labor / Ministry of Labor has issued to enterprises for the corresponding positions that are still valid.

Work Permit Renewal Process for Managers and Directors

When the work permit of a business manager or director is about to expire, the enterprise must proceed with the work permit renewal procedures. Please note that renewal is generally applicable for the first time after the initial 2-year issuance. The status of the work permit, whether it is newly issued or has been renewed, can be found on the most recent work permit.

Typically, the renewal of a granted work permit can be done when there are at least 5 days but no more than 45 days remaining before its expiration. Based on practical experience, it is recommended to start preparing the renewal procedures for your manager or director approximately 60 days before the work permit expires.

Required Documents for Work Permit Renewal

The basic procedures and documents required for the renewal of a work permit for a manager or director are as follows:

• A written request for work permit renewal according to Form No. 11/PLI, Appendix I.

• Two color photographs (4 cm x 6 cm, white background, front view, bareheaded, no tinted glasses) taken within the last 6 months.

• The original granted work permit.

• A document approving the demand for the use of foreign workers, except in cases where there is no need to determine the demand for foreign workers.

• A certified photocopy of the passport or a photocopy of the passport certified by the employer that is still valid according to the law.

• A health certificate or a medical examination certificate from a hospital authorized by the Ministry of Health for foreigners.

Steps to Renew a Work Permit for Managers and Directors

Even though your manager or director is currently employed and their work permit is still valid, to renew their work permit, you need to follow these steps:

1. Job Posting: As per legal regulations, job vacancies for foreign workers must be posted in the province/city where they are employed. The specific location for posting is determined based on the business establishment license. Typically, job postings are made through the provincial/city Employment Service Center and must be posted for 15 days.

2. Approval for Foreign Worker Employment: This step involves justifying the need to employ a foreign worker in the specific position. The processing time for this step is usually 15-20 days.

3. Work Permit Renewal Application: A work permit renewal application must be submitted along with the necessary documents and for the approved job position.

While renewing the work permit, you can often reuse previously submitted documents. However, you may still need to provide updated documents such as the company's charter, a new appointment decision, and detailed information about the foreign worker's education and overseas experience.

How Inbound Vietnam Can Assist You

Inbound Vietnam has a proven track record in handling these procedures for our clients. Our team of experienced consultants has over 10 years of expertise in the field of foreign labor in Vietnam. We aim to provide accurate, simple, and convenient information, along with in-depth solutions for the foreign personnel recruitment process, from job posting to demand reporting. Our goal is to help clients streamline management costs and potentially reduce the time spent on recruiting and managing foreign personnel in Vietnam.