Welcome back to The Lawyers Talk channel of BLawyers Vietnam. My name is Huynh Kim Thanh, and I’m thrilled to be with you again on today’s podcast. Today, we’ll discuss the regulations on renewing work permits and applying for temporary residence cards for foreign employees in Vietnam.
This episode covers an important topic for both employers and foreign employees in Vietnam. It is: “What to do when a work permit and a temporary residence card of a foreign employee are about to expire? And what practical notes should be considered?” In this podcast, I will guide you through the procedures and orders, and critical points to note when handling the renewal of work permits and applying for new temporary residence cards.
Let’s start with renewing a work permit for foreign employees. Under Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP, renewing a work permit begins with completing the procedure for obtaining approval for the demand to employ foreign employees. Here’s how it’s done:
First, the employers must first conduct a recruitment process for Vietnamese employees to work at the positions intended for foreign employees. This process must be carried out on the portals of the Department of Employment or Employment Service Centers established by the provincial People’s Committees for at least 15 days before submitting an explanation report to the Department of Labor, Invalids and Social Affairs (thereafter referred to as “DOLISA”).
If no Vietnamese candidates apply within 15 days, the employer must, at least 15 days before employing foreign employees, submit a report explaining the need to hire foreign employees for positions that Vietnamese employees cannot fulfill. This report is submitted to the Ministry of Labor, Invalids and Social Affairs (thereafter referred to as “MOLISA”) or DOLISA. It is important to note that the job position must correspond to the position that the employer has recruited. Additionally, in Ho Chi Minh City, employers can currently carry out this procedure online via the Ho Chi Minh City Public Service Portal. Furthermore, if the employer authorizes or hires another organization or individual to perform this procedure, they must also provide a power of attorney or a service contract as required by regulations.
After that, within 10 working days of receiving the report, MOLISA or DOLISA will issue a written approval or rejection of the demand. Please note that, in Ho Chi Minh City, this process can be completed online via the Ho Chi Minh city’s Public Service Portal. Once the application result is available, the employer will receive a notification on the portal. When collecting the result directly at the DOLISA, the employer will receive a receipt and an appointment letter for the result. Typically, the decision to approve or reject the use of foreign employees is issued within 1-2 working days.
Next, once receiving approval of the demand, the employer must submit the work permit renewal application to MOLISA or DOLISA. The application must be submitted no later than 5 days and no earlier than 45 days counting to the date the work permit expires.
Currently, in Ho Chi Minh City, this application process is conducted online through the Ho Chi Minh City’s Public Service Portal. The employer needs to prepare the following documents: A request letter for work permit renewal (as per the official template), photos of the employee, the current valid work permit of the employee, the approval document for employing foreign employees (except in cases where it is not required to determine the demand for employing foreign employees, in which case this document is not necessary), the employee’s passport and a health certificate or medical examination result confirming the employee is physically fit as required by regulations; documents proving that the foreign employee will continue working for the employer as specified in the current valid work permit, except in cases where the foreign employee is employed under a labor contract (however, if the foreign employee is employed under a labor contract, the employer should include a job proposal letter), and other relevant documents.
The processing time for renewal is 5 working days from the date of receipt of a complete and valid application. If rejected, the authorities will issue a written explanation. After successful renewal, employers and foreign employees must sign a new labor contract and submit it to DOLISA after the renewal. The maximum duration for a work permit renewal is 2 years, and it can only be renewed once. However, under Decision No. 1321/QD-UBND, if this procedure is carried out in Ho Chi Minh City, the processing time for the application is 3 working days from the date of receipt of a complete and valid application.
Another important note, before submitting the renewal application, the foreign employee must check whether their passport has a validity of more than 2 years, as the passport’s expiration date also impacts the validity of the renewed work permit. If the passport is nearing its expiration, the employee must renew their passport and reissue their work permit before proceeding with the renewal.
Next, once the work permit renewal is completed, the next step is applying for a Temporary Residence Card (thereafter referred to as “TRC”). By law, a TRC is issued by the Immigration Department or the Ministry of Foreign Affairs to foreign employees permitted to reside in Vietnam for a fixed period. The TRC serves as a special visa.
Back to today’s topic, the validity of the TRC for foreigners will be issued based on the validity of the work permit. Therefore, when a work permit is about to expire, the TRC will also approach its expiration. Currently, Vietnamese law does not allow for the renewal of an expired TRC; instead, the foreign employee must apply for a new TRC through the Immigration Department or the Ministry of Foreign Affairs. Under the Law on Entry, Exit, Transit, and Residence 2014 amended and supplemented in 2019, TRCs issued to foreign employees have the symbol of LD2.
In Ho Chi Minh City, the process for applying for a TRC is conducted online through the National Public Service Portal. Employers are required to create an account on this portal and use a digital company signature (commonly called a token) to carry out the application process. To prepare for the application, employers need to provide the following documents: a sponsorship letter from the business or organization in Vietnam requesting the issuance of the TRC for the employee, an application form for a TRC with the employee’s photo attached, the employee’s original passport, current TRC, and the renewed work permit, and relevant documents.
Of note, if the employee has obtained a new passport and the latest entry date to Vietnam is not reflected in it, the old passport must also be submitted for verification.
After completing the online application and receiving confirmation from the Immigration Department that the application is complete and valid, the employer must submit the hard copy documents to the Immigration Office of the province or city where the employee resides. The processing time is no more than 5 working days, and the State fee for issuing a TRC is USD145 per card.
Thus, completing both mentioned procedures ensures that the legal rights of foreign employees are protected and that potential risks are mitigated during their employment and residence in Vietnam.
Dear listeners, we have now gone through the key points and important notes regarding the application process for renewing work permits and issuing temporary residence cards for foreign employees. I hope the information we have shared will help listeners have more new information on this issue from the perspective of researching current legal regulations.
If you have any questions or concerns, please leave a comment below. For more information about BLawyers Vietnam, feel free to visit our website displayed below The Lawyers Talk podcast screen.
Thank you, and see you next time!
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. We would love to hear from you.
Date: 21 January 2025
Thanh Huynh
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