WORK PERMIT EXEMPTION

Legal ground

Decree 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam

I. CASES OF FOREIGN WORKERS NOT SUBJECT TO WORK PERMIT ISSUANCE

1. Foreign employees defined in Clauses  3, 4, 5, 6, 7 and 8, Article 154 of the Labor Code 2019, include:

1.1 Being the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

1.2 Entering Vietnam with a term of less than 03 months to conduct service offerings.

1.3 Entering Vietnam with a time limit of less than 03 months to handle complicated incidents, technical situations and technologies arising that affect or threaten to affect production and business activities of Vietnamese experts and Foreign experts currently in Vietnam cannot handle it.

1.4 Being a foreign lawyer who has been licensed to practice law in Vietnam in accordance with the Law on Lawyers.

1.5 According to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

1.6 Gets married with a Vietnamese citizen and wishes to reside in Vietnam.

2. Other cases of foreign workers not subject to work permit issuance include:

2.1 The workers are the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.

2.2 The workers are the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong

2.3 The workers are internally reassigned in the companies which engage in 11 service industries in the Vietnam’s WTO commitments on services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation;

2.4 The workers enter Vietnam to provide professional and technical advisory services or perform other tasks serving the research, construction, appraisal, assessment, management and execution of programs and projects funded by ODA according to the International Treaties on ODA between the competent authorities of Vietnam and other countries;

2.5 The workers are granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.

2.6 The workers are sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.

2.7 The workers are volunteers as specified in clause 2 Article 3 of Decree 152/2020/ND-CP.

2.8 The workers enter Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.

2.9 The workers enter Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law

2.10 The workers are students studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.

2.11 The workers are relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 of Decree 152/2020/ND-CP.

2.12 The workers obtain an official passport to work for a regulatory agency, political organization, or socio-political organization.

2.13 The workers take charge of establishing a commercial presence.

2.14 The workers are certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.

II. PROCEDURES FOR APPLYING FOR A WORK PERMIT EXEMPTION FOR FOREIGNERS

Step 1: Report explanation on demands of using foreign employees

At least 30 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work, using Form No. 01/PLI Appendix I issued with Decree No. 152/2020/NĐ-CP.

During the process, in case of any change to the demand for foreign workers, the employer shall send a report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province, using Form No. 02/PLI Appendix I issued with Decree No. 152/2020/NĐ-CP at least 30 days before the date on which the foreign worker are expected to be employed.

If the foreign worker falls under any case of clause 3, 4 and 5 Article 154 of the Labor Code and clauses 1, 2, 8, 9, 10, 11, 12 and 13 Article 7 of  Decree No. 152/2020/NĐ-CP, the employer is not required to determine the demand for foreign workers.

Step 2: Submit documents certifying that foreign workers are not eligible for work permits

The employer requests the Department of Labor – Invalids and Social Affairs where the foreigner is expected to work to confirm the foreign employee is not required to issue a work permit before at least 10 working days from foreign employee start working.

For any of the circumstances in clauses 4, 6 and 8 Article 154 of the Labor Code and clauses 1, 2, 8 and 11 Article 7 of Decree No. 152/2020/NĐ-CP, the employer is not required to apply for the certification of exemption but it must report the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work, at least 3 days before such foreign worker starts to work in Vietnam, on the following: full name, age, nationality, passport number, name of employer, starting date and completion date.

Dossier includes:

Any document mentioned in points 2, 3 and 5 in the above list is 1 original or certified true copy; if a document is written in a foreign language, it must be consularly legalized, translated into Vietnamese and certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.

Processing time: 05 working days from the date of receipt of complete and valid file required.