Understand the rules governing labor contract duration permits. Discover how these permits affect employment agreements and their significance in the labor market. Learn about the legal framework and potential exceptions related to labor contract duration permits in various industries.
Question: How will it be resolved when the term stated in the worker contract permit expires if a foreign worker working in Vietnam wants to stay and continue working?
Answer: About this issue of worker contract
According to the provisions of Article 155 of the 2019 Labor Code, effective from January 1, 2021, the maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 2 years.
Thus, when the term of the work permit expires, foreigners who want to continue to stay in Vietnam to work will be allowed to extend it one more time for a maximum period of 02 years.
Question: In case a foreign worker working in Vietnam terminates the worker contract but the work permit is still valid?
Answer: About this validity of the labor contract
Pursuant to Clause 2, Article 156 of the 2019 Labor Code, effective from January 1, 2021, the work permit expires in case of termination of the worker contract. Accordingly, when the employee terminates the worker contract, he or she must understand that the work permit also expires, even if the permit’s term is still valid.
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
