When your work permit in Vietnam expires, you will need to go through the process of either extending your current work permit (if eligible) or applying for a new work permit.
Here's a breakdown of what you should do:
1. Check the Expiry Date:
- Be aware of your work permit's expiration date and start the renewal/new application process well in advance. The regulations often specify a timeframe within which you must apply (e.g., at least 5 days but not more than 45 days before expiry for renewal).
2. Determine Eligibility for Extension or New Application:
- Extension: Work permits in Vietnam can typically be renewed only once for a maximum period of another two years. To be eligible for an extension, your current work permit needs to be nearing its expiry (within the specified timeframe), your employer needs continued approval to hire foreign workers, and you need proof of continued employment.
- New Application: If your work permit has already been extended once, or if you don't meet the requirements for extension, you will need to apply for a new work permit after the current one expires. This process is similar to the initial work permit application.
3. Work with Your Employer:
- In Vietnam, it is generally the employer's responsibility to apply for or renew the work permit on your behalf. You will need to work closely with your company's HR or administrative department. Provide them with all the necessary documents and information.
4. Prepare the Required Documents:
The specific documents required for extension or a new application can vary slightly, but generally include:
For Extension:
- Application form for work permit extension (Form No. 11/PLI).
- Two color photos (4cm x 6cm, white background, taken within the last 6 months).
- Your original unexpired work permit.
- An acceptance of demand for foreign workers
- A notarized true copy of your passport (full pages).
- A health check certificate from an authorized Vietnamese hospital (usually valid for 12 months).
- Proof of qualifications and experience (e.g., degree, professional certificates, work experience letters - these may need to be consular legalized and translated).
- Potentially other supporting documents as required by the local Department of Home Affairs (DOHA).
For a New Application (after expiry or first extension):
You will generally need to provide a similar set of documents as the initial application, which includes:
- A new work permit application form.
- Passport and visa.
- Criminal record check from your home country (issued within the last 6 months and often needs to be consular legalized and translated).
- Criminal record check from Vietnam (if you have resided in Vietnam).
- Health check certificate from an authorized Vietnamese hospital.
- Proof of qualifications and experience (e.g., degree, professional certificates, work experience letters - these may need to be consular legalized and translated).
- Employer's business registration certificate.
- Approval for the demand to employ foreign workers.
- Other supporting documents as required.
5. Submit the Application:
- Your employer will typically submit the complete application dossier to the Department of Home Affairs (DOHA) in the province or city where you are working or District People's Committee (Hanoi).
6. Processing Time:
- The processing time for work permit extensions is often around 5 working days after receiving a complete application. The processing time for a new work permit application might be longer.
7. Collect the Renewed/New Work Permit:
- Once approved, your employer will collect the renewed or new work permit from the DOHA.
Important Considerations:
- Timeline: It's crucial to start the process well before your current permit expires to avoid any gaps in your legal working status. Applying at least 5 days but not more than 45 days before expiry is often the requirement for extension.
- Consequences of Working Without a Valid Permit: Working with an expired work permit is illegal and can lead to penalties for both the employee (including potential deportation) and the employer (fines).
- Maximum Validity and Extensions: Remember that a work permit is typically valid for a maximum of two years and can usually only be extended once. After the extension expires, you must apply for a new work permit.
- Temporary Residence Card (TRC): Your work permit is often linked to your Temporary Residence Card (TRC). If your work permit expires, your TRC's validity might also be affected. You'll likely need to renew or apply for a new TRC based on your new work permit. The TRC can have a validity of up to 2 years and is tied to the work permit duration.
In summary, upon the expiration of your work permit, you and your employer should promptly initiate the process of either extending the existing permit (if eligible) or applying for a completely new one to ensure your continued legal employment in Vietnam. Always consult with your employer and the local labor authorities for the most up-to-date requirements and procedures.
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