According to Mrs. Sophie Dao, Senior Lawyer at Global Business Services LLC (GBS), the Labor Code 2019’s Article 156 specifies eight cases in which a work permit expires.
These cases include expiration of the work permit itself, termination of the labor contract, inconsistency between the labor contract and the work permit’s content, working against the issued work permit, expiration or termination of contracts in fields that form the basis of the work permits, written notice from the foreign party to stop sending foreign workers to Vietnam, and the employer or Vietnamese/foreign organizations employing foreigners in Vietnam ceasing to operate.
In terms of extension, Decree 152/2020/ND-CP’s Article 16 outlines the conditions for extending work permits. These include having a valid work permit for at least five days but not more than 45 days, approval from the competent authority for the need to employ foreign workers, and proof that the foreign worker is continuing to work for the employer as stated in the issued work permit. If a work permit has expired, it cannot be extended.
Moreover, the same decree’s Article 20 states the cases in which work permits can be revoked. These include the eight cases listed in Article 156 of the Labor Code, failure to comply with the provisions of the decree by employers or foreign workers, and foreign workers failing to comply with Vietnamese laws while working in Vietnam, which affects security, social order, and safety.
If a work permit has expired, the employer must revoke it within 15 days of expiration and submit it, along with a written statement explaining the reason for the revocation, to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs that issued the work permit.
If the work permit cannot be revoked but is subject to revocation, the employer must still provide a written statement with the same explanation. The Ministry or Department will issue a written confirmation of the work permit’s revocation to the employer within five working days of receiving the revoked work permit.
Contact Sophie Dao at sophie@gbs.com.vn or hotline: +84903189033 or visit GBS’s website if you need any support.
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Source: Vietnam Insider