Work permits generally have relatively short validity periods; therefore, in addition to applying for permits, the issue of extending work permits for foreigners—particularly Chinese (Chinese nationals)—is a matter of great concern for many enterprises. In the following article, NPLaw will clarify the procedures, documents, and legal regulations related to extending work permits for Chinese.
I. Understanding of extending of work permits for Chinese
Currently, over 25,100 Chinese are working in Vietnam, accounting for approximately one-third of the total number of foreign workers in the country, including nearly 10,500 workers from Taiwan (China); the total workforce from this region reaches 35,600 people. South Korea ranks second with over 14,800 workers, followed by Japan with more than 7,700 workers. Workers from other countries make up only 28.4%. This data demonstrates the substantial number of Chinese workers currently in Vietnam, leading to a high demand for both the issuance and extension of their work permits.
II. Legal regulations on extending work permits for Chinese
1. Definition of a work permit extension for Chinese
After an initial permit expires, Chinese wishing to continue working in Vietnam must apply for a work permit extension. Accordingly, extending a work permit means that an employer (a Vietnamese organization) submits an application to the competent authority to apply for re-issuing such a work permit for the foreign worker, as the original one has expired. This can also be considered a reissuance procedure for a work permit.
2. Conditions for the extension of work permits for Chinese
Pursuant to Article 16 of Decree 152/2020/ND-CP, the following conditions must be met:
- The existing work permit must be valid for at least 5 days but not more than 45 days;
- The employer must obtain approval from the competent authority for the continued employment of foreign workers under Articles 4 or 5 of Decree 152/2020/ND-CP (as amended by Decree 70/2023/ND-CP);
- Documents must prove that the foreign worker will continue to work for the employer as stated in the original work permit.
3. Dossier and procedures for the work permit extension
a. Required documents
As stipulated in Article 17 of Decree 152/2020/ND-CP (amended by Decree 70/2023/ND-CP), the application dossier must include:
- A written request to extend the work permit from the employer using Form No. 11/PLI in Appendix I of the Decree;
- Two (02) color photos (4x6 cm, white background, full face, no headwear, no tinted glasses), taken within six months prior to submission;
- The valid work permit previously issued;
- An approval document on the need to employ foreign workers, except in cases where such an approval is exempted;
- Certified copy of the passport or one confirmed by the employer;
- Health certificate or medical examination results as prescribed in Clause 2, Article 9 of Decree 152/2020/ND-CP: the certificate must be issued within the past 12 months by a competent medical authority in Vietnam or abroad, from the date of signing the health conclusion to the date of submitting the application or certificate of good health according to the regulations of the Minister of Health;
- One of the documents stipulated in Clause 8, Article 9 of the Decree 152/2020/NĐ-CP (amended by Decree 70/2023/ND-CP), proving that the worker will continue employment in accordance with the contents of the original permit;
- Documents mentioned in points (3), (4), (6), and (7) must be original or certified copies. If they are issued abroad, they must be legalized and translated into Vietnamese, and notarized or certified, except in cases exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both members or according to the principle of reciprocity or the provisions of law.
b. Extension procedures
The procedures for extending work permits for foreign workers according to Article 18 of Decree 152/2020/ND-CP are as follows:
- Step 1: Preparing the application dossier;
- Step 2: Submitting the application: At least 5 days, but no more than 45 days prior to the permit's expiration, the employer must submit the application to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that issued the original permit;
- Step 3: Processing the application: Within 5 working days from receiving the complete dossier, the competent authority must issue the extended permit. If the extension is denied, a written explanation must be provided.
For foreign workers under Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP, after the extension is granted, the employer and employee must sign a new written labor contract under Vietnamese law before the expected date of continuously working;
The employer must then submit the signed contract (original or certified copy) to the authority extending the permit.
III. Frequently asked questions about work permit extensions for Chinese
1. How many times can a work permit for Chinese be extended?
Based on Article 19 of Decree 152/2020/ND-CP:
- The duration of a re-issued work permit shall be based on the term of one of the cases listed in Article 10 of this Decree, and may only be renewed once for a maximum duration of 2 years.
→ Thus, a work permit can be extended only once.
2. Duration of work permits after the extension
As regulated, the maximum validity of an extended work permit is 2 years.
3. What if the work permit has already expired before the extension?
In such a case, the applicant must apply for reissuing a new work permit following the procedures in Articles 13 and 14 of Decree 152/2020/ND-CP.
4. What if the extension application for Chinese work permits is denied?
- In case of denial:
+ Requesting the Department of Labor to issue an official written explanation;
+ Immediately consulting a reputable law firm for detailed and specific legal advice on your situation.
IV. Legal consultancy services for work permit extensions for Chinese
The above provides essential legal information about extending work permits for Chinese. If you still find this process difficult or confusing, do not hesitate to contact us. NPLaw always strives to provide clients with the best legal services from labor, civil, criminal, and investment matters to a wide range of fields. NPLaw is committed to being a reliable partner in your success. Your trust today is the foundation of our continued growth in the future.
