Work permit exemption for foreign employees in Vietnam
Each individual working in Vietnam for an agency or economic organization must apply for a work permit, visa, or temporary residence card in Vietnam. However, there are cases where individuals have exemption from applying for work permits. Below, Viet An law firm would like to give the following cases.
The Labor Code 2019 takes effect on January 1st, 2021;
Decree 11/2016/NĐ-CP detailing the implementation a number of articles of the Labor Code regarding foreign employees working in Vietnam;
Decree 140/2018/NĐ-CP amending a supplementing decree related to business investment conditions and administrative procedures under the state management scope of the Ministry of Labor, War Invalids, and Social Affairs.
The cases work permit exemption for foreign employees in Vietnam
Pursuant to Article 154 of the Labor Code 2019 of foreign employees in Vietnam who are not required to have the work permit if she/he:
Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.
Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.
Is the manager of a representative office, project, or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.
Enters Vietnam for a period of fewer than 03 months to do marketing of a service.
Enters Vietnam for a period of fewer than 03 months to resolve complicated technical or technological issues which (i) affects or threatens to affect the business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.
In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
Gets married to a Vietnamese citizen and wishes to reside in Vietnam.
Other circumstances specified by the Government.
Pursuant to Article 7.2, Decree 11/2016/NĐ-CP and Article 11, Decree 140/2018/ NĐ-CP, including:
Intra – business movement within 11 service sectors in Vietnam’s schedule of service commitments with the World Trade Organization, including business, information, construction, distribution, education, environment, finance, health, tourism, entertainment, and culture;
Enter Vietnam to provide professional and technical advisory services or perform other duties for research, development, evaluation, monitoring, management, and program implementation, projects using official development assistance (ODA) sources according to regulations or agreements in ODA international treaties signed between Vietnamese and foreign competent agencies;
Being licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law;
Being sent to Vietnam by foreign agencies and organizations to teach and research at international schools under the management of foreign diplomatic missions or international organizations in Vietnam or by the Ministry of Education and Certified Training to teach, research at educational and training establishments in Vietnam;
Volunteer certified by a foreign diplomatic mission or international organization in Vietnam;
Entering Vietnam to work as an expert, manager, executive director, or technician with a working time of fewer than 30 days and an accumulated period of not more than 90 days per years;
Entering Vietnam to implement international agreements which are signed by agencies and organizations at the central or provincial level according to the provisions of law;
Students who are studying at overseas schools and training institutions with internship agreements in agencies, organizations, and enterprises in Vietnam;
Relatives of members of foreign representative missions in Vietnam are not required to be granted work permits under international treaties to which the Socialist Republic of Vietnam is a Signatory;
Having official passports to work for state agencies, political organizations, socio-political organizations;
Other cases decided by the Prime Minister at the request of the Ministry of Labor, War Invalids and Social Affairs
The person is responsible for establishing a commercial presence.
Confirm that the foreign employee is not required to be granted a work permit
Pursuant to Article 8 of Decree 11/2016/NĐ-CP certifying that foreign employees are not required to be granted work permits, including:
The Department of Labor, War Invalids and Social Affairs has the authority to confirm that the foreign employee is not required to be issued a work permit;
The employer requests the Department of Labor, War Invalids, and Social Affairs where the foreigner is expected to work to confirm that the foreign employee is not required to be issued a work permit at least 07 working days in advance, from the date the foreign employee starts working. The time limit for certification of a foreign employees not required to be granted a work permit is not more than 2 years and according to one of the cases specified in Article 11, Decree 11/2016/NĐ-CP.
Application requesting for certification is not required to work with a work permit
Pursuant to Article 8.3 Decree 11/2016/NĐ-CP and Article 13 Decree 140/2018/NĐ-CP
A written request for certification that the foreign employees is not required to be issued a work permit;
Documents to prove that the foreign employees is not required to be issued a work permit;
Documents proving that the foreign employees is not required to be granted a work permit is 01 photocopy with the original for comparison or 01 certified copy, if the foreign employees is exempt from consular legalization, but must be translated into Vietnamese and authenticated according to the provisions of Vietnamese law.
Within 03 working days from the date of receipt of a complete application for certification of non-eligibility for a work permit, the Department of Labor, War Invalids and Social Affairs shall send a written confirmation to the employer. In the case of non-confirmation, it will reply in writing, clearly stating the reason.
Service fore certification is not subject to the work permit of Viet An Law Firm
Counseling on employees not subject to work permit issuance;
Prepare documents to request certification that the foreign employee is not required to be issued a work permit;
Apply for certification that the foreign employee is not required to be issued a work permit at the competent authority.