FOREIGNERS NOT SUBJECT TO NOT REQUIRED TO AUTHORIZED TO GRANT CERTIFICATION OF WORK PERMIT EXEMPTION
Legal basis:
- Decree No.152/2020
- Labor Code
According to the Labor Code, employees who are not subject to getting an exemption from a work permit need to file a request to The Ministry of Labour – Invalids and Social Affairs or the Department of Labour – Invalids and Social Affairs where employee about to work to confirm that the employee is not subject to be exempted from work permit at least ten days before the employee works.
However, in some cases, employees don’t have to make this procedure to authorize they are not subject to work permit exemption. Instead, they must report to The Ministry of Labour – Invalids and Social Affairs or the Department of Labour – Invalids and Social Affairs where they are expected to work.
These subjects include:
– Owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.
– 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.
– Foreign employee enters Vietnam to hold the position of a manager, executive, expert, or technical worker for a working period of less than 30 days and up to 3 times a year.
– Foreign employee is a relative of a member of foreign representative agency in Vietnam as specified in point l Clause 1 Article 2 of Decree No.152/2020.
– Foreign employee enters Vietnam for a period of less than 03 months to do marketing of a service.
– Foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam following the Law on Lawyers.
– Foreign employee gets married to a Vietnamese citizen and wishes to reside in Vietnam.
The report dossier must contain information about the foreign worker, information about the enterprise, employment period, and documents proving that the worker is not required to apply for the certification of being exempt from a work permit. The employee or employer needs to submit at least 03 days in advance, from the date the foreign worker starts working. The unit receiving documents is the Department of Labor, War Invalids and Social Affairs, or the Ministry of Labor, War Invalids and Social Affairs of the province.