When Work Permits expire, employers are permitted to contract for employment contracts with foreign employees without requiring replacement of work permits?
- According to Labor Code, foreign citizens can not work in Vietnam without a work permit, except for those who are not subjected to a work permit, otherwise, they will be expelled from the territory of Vietnam according to the Government’s regulations. When work permit expires, the foreign employees and employers can not continue signing a labor contract based on the employee’s visa instead of extending the work permits.
- There is a clear difference between a work permit and a visa. Accordingly, a visa is a document issued by an immigration authority of Vietnam that allows foreigners to enter Vietnam for a short – term. Meanwhile, a work permit is a document that allows foreign workers to work legally in Vietnam.
- If the employer wants to continue working relations with the foreign worker, the employer must submit an application for extension at least 5 days in advance but no more than 45 days before the expiry date of the work permit.
- Therefore, the employers must submit an application for extending work permits for foreign employees within the statutory period instead of relying on the visa of the employees in case the employers wishing to continue labor contracts with foreigners.
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