Work permit renewal is a procedure that many businesses and foreign employees working in Vietnam must carry out when their current work permits are about to expire. However, many employers confuse the application documents for a work permit renewal with those for a new issuance, leading to either missing or redundant paperwork, which causes delays and legal risks. The article below provides a detailed analysis of the differences between work permit renewal and new issuance according to the latest regulations under Decree 219/2025/ND-CP, helping businesses and foreign experts proactively complete the procedures correctly and on time.
LEGAL BASIS
The regulations governing work permit renewals and new issuances for foreign workers in Vietnam are currently regulated by the following legal documents:
- The Labor Code 2019 (Law No. 45/2019/QH14).
- Decree No. 219/2025/ND-CP dated August 7, 2025, of the Government regulating foreign workers working in Vietnam (replacing Decree 152/2020/ND-CP and Decree 70/2023/ND-CP).
- The Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019).
I. OVERVIEW OF WORK PERMIT RENEWAL AND NEW ISSUANCE
1.1. Concept of a Work Permit
A work permit is simply understood as a document that allows a foreign worker to work in Vietnam for a specific period. This document is issued strictly to foreign workers (not to Vietnamese workers).
According to Articles 151 and 157 of the Labor Code 2019, foreign workers working in Vietnam must possess a work permit issued by a competent state authority, except for cases eligible for exemption as prescribed by law.
1.2. What is a Work Permit Renewal?
Work permit renewal is the procedure that allows foreign workers to continue working legally in Vietnam when their current work permit is about to expire, without having to apply for a brand-new permit from scratch. This procedure is specifically regulated under Articles 27 and 28 of Decree 219/2025/ND-CP.
Crucial note: Under the new regulations, a work permit can only be renewed once for a maximum extension of 02 years. After this single renewal, if the foreign worker wishes to continue working, the enterprise must proceed with the procedure for a new work permit issuance.
1.3. When Must a New Permit Be Issued Instead of a Renewal?
Enterprises must carry out the procedure for a new work permit issuance (and cannot apply for a renewal) in the following cases:
- The work permit has already been renewed once before.
- The foreign worker switches to a different employer.
- The foreign worker changes their job position or form of employment compared to what is stated on the current work permit.
- The work permit has already expired (it is no longer within the valid timeframe to submit a renewal application).
II. KEY DIFFERENCES BETWEEN WORK PERMIT RENEWAL AND NEW ISSUANCE
General comparison of new issuance and renewal procedures under Decree 219/2025/ND-CP:
| Criteria | New Issuance | Renewal |
| Purpose | For foreign workers who do not have a work permit yet or whose existing permit has exhausted its renewal limit. | To extend the validity period of the current permit. |
| Timing of Execution | Before the employee starts working in Vietnam. | Before expiration (at least 10 days but no more than 45 days). |
| Validity of the New Permit | Maximum of 2 years. | Maximum of an additional 2 years. |
| Conditions | The worker must fully meet the conditions for work permit issuance under Decree 219/2025/ND-CP. | The current permit is still valid and qualifies for renewal. |
| Nature | Issuance of a new document. | Extension of current validity. |
| Processing Time | 10 working days. | 10 working days. |
| Competent Authority | Provincial-level People’s Committee. | Provincial-level People’s Committee. |
| Submission Method | Online / In-person / Post / Authorized representative. | Online / In-person / Post / Authorized representative. |
Application Components
The difference in documentation is the most crucial point when comparing a work permit renewal with a new issuance. Below is a comparison table of the required documents under Article 18 (new issuance) and Article 27 (renewal) of Decree 219/2025/ND-CP:
| Application Components | New Issuance (Article 18) | Renewal (Article 27) |
| Explanatory document on the demand for foreign labor and request for issuance/renewal (Form No. 03) | ✔ | ✔ |
| Health certificate (not older than 12 months) | ✔ | ✔ |
| Criminal record certificate (not older than 06 months) | ✔ | Not required |
| 02 color photos (4×6 cm, white background) | ✔ | ✔ |
| Documents proving status as a manager, executive director, expert, or technical worker | ✔ | Not required (already provided in the old file) |
| Previously issued work permit | Not required | ✔
(Original copy for verification) |
| Labor contract | ✔ | ✔
(Renewed or newly signed contract) |
Note: When renewing a work permit, businesses do not need to resubmit documents proving professional qualifications (degrees, practicing certificates, work experience) as required for a new issuance. This is because these documents were already reviewed and approved by the competent authority during the initial issuance.
III. SPECIAL CONSIDERATIONS WHEN RENEWING A WORK PERMIT
3.1. Can Only Be Renewed Once
This is the most critical restriction regarding work permit renewals that businesses need to clearly understand. Unlike many other administrative procedures that can be extended multiple times, a work permit can only be renewed 01 single time for a maximum duration of 02 years. Afterward, if the foreign worker continues to work, the business is obligated to perform the procedure for a new work permit issuance, accompanied by a full set of documents proving eligibility according to regulations.
3.2. Application Submission Must Follow the Regulated Timeframe
As mentioned above, the application for a work permit renewal must be submitted within a timeframe of 45 days to 10 days prior to the expiration date of the current work permit. If submitted earlier or later than this window, the application will be deemed invalid. Notably, if the work permit expires before the renewal application is filed, the business will no longer be permitted to renew the work permit. Instead, they must restart the new issuance procedure from scratch and may face administrative penalties for allowing a foreign national to work without a valid permit.
3.3. Consular Legalization of Documents
Documents in the renewal file issued by foreign authorities (e.g., a health check certificate issued abroad) must undergo consular legalization, be translated into Vietnamese, and be notarized/certified in accordance with regulations, except for cases exempt under international treaties to which Vietnam is a member. Foreign health certificates are only accepted if Vietnam and the issuing country have a treaty or mutual recognition agreement, and the certificate must not be older than 12 months from its date of issuance.
IV. FREQUENTLY ASKED QUESTIONS (FAQs) ON WORK PERMIT RENEWAL
4.1. After renewing the work permit, is it necessary to apply for a new visa or temporary residence card?
Yes. Upon successfully renewing a work permit, foreign workers generally need to extend their corresponding temporary residence card (or visa) in accordance with the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019). The renewed work permit serves as one of the legal bases for the immigration authority to consider extending the temporary residence card.
4.2. Can application documents for a work permit renewal be submitted online?
Yes. Decree 219/2025/ND-CP allows the submission of work permit renewal applications online via the National Public Service Portal. This is one of the legally recognized submission methods, helping businesses save time and travel costs.
CONCLUSION
Work permit renewal and new work permit issuance are two procedures with many similarities, yet they contain critical differences regarding the timing of submission, required documentation, maximum allowable executions, and applicable conditions. Clearly understanding these differences under Decree 219/2025/ND-CP will enable businesses and foreign workers to prepare proactively, avoid legal risks, and ensure continuous, lawful employment operations in Vietnam. If specific consultation regarding work permit renewal or new issuance procedures is required, businesses should contact an experienced lawyer or legal consultant specializing in foreign labor in Vietnam.
