Cases of foreign workers are exempt from work permit

20 cases of foreign workers are exempt from work permit

Pursuant to the Article 154 Labor Code 2019, which are guided by the Article 7 of the Decree No. 152/2020/ND-CP, 20 cases of foreign workers are exempt from work permit. In particular:

(1) Chiefs of representative offices, directors of projects, or persons taking main charge of the operation of international organizations or foreign nongovernmental organizations in Vietnam.

(2) Foreigners who enter and stay in Vietnam for under 3 months to offer services.

(3) Persons who enter Vietnam for a duration of under 3 months to handle complicated technical or technological incidents or circumstances that adversely impact or are likely to exert adverse impacts on production and business activities and cannot be handled by Vietnamese and foreign experts currently in Vietnam.

(4) Foreign lawyers who have been granted a permit to practice law in Vietnam in accordance with the Law on Lawyers.

(5) Cases prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party.

(6) Foreigners who marry Vietnamese persons and are currently living in Vietnam’s territory.

(7) He/she is the owner or a capital contributor of a limited liability company with a contributed capital value of VND 3 billion or more.

(8) He/she is the chairperson or a member of the Board of Directors of a joint stock company with a contributed capital value of VND 3 billion or more.

(9) He/she is an intra-corporate transferee in the 11 service sectors listed in Vietnam’s Schedule of World Trade Organization Commitments on Services including business services, communication services, construction and related engineering services, distribution services, educational services, environmental services, financial services, health related and social services, tourism and travel related services, recreational, cultural and sporting services, and transport services.

(10) He/she enters Vietnam to provide professional and technical consultancy services or perform other tasks to serve research, formulation, appraisal, monitoring and evaluation, management and implementation of programs or projects funded with official development assistance (ODA) loans under regulations or agreements in ODA treaties concluded between competent authorities of Vietnam and foreign countries

(11) He/she is granted by the Ministry of Foreign Affairs a license for carrying out media and press activities in Vietnam.

(12) He/she is sent by a foreign authority to Vietnam to carry out lecturing or research activities at international schools managed by foreign diplomatic missions or the United Nations or at establishments or institutions established under agreements which Vietnam has signed or acceded to.

He/she is a volunteer who are an unpaid foreign worker who voluntarily works in Vietnam to implement a treaty to which the Socialist Republic of Vietnam is a contracting party as certified by a Vietnam-based foreign diplomatic mission or international organization.

(14) He/she enters Vietnam to work as a manager, an executive, an expert or a technical worker for fewer than 30 days per entry and with no more than 3 entries in a year.

(15) He/she enters Vietnam to implement international agreements concluded by central- or provincial-level agencies or organizations in accordance with law.

(16) He/she is a student in an overseas school or training institution that has agreements on apprenticeship in agencies, organizations or enterprises in Vietnam; or is an apprentice on board a Vietnamese seagoing ship

(17) He/she is a relative of a staff member of a Vietnam-based foreign representative mission.

(18). He/she holds an official passport to work for a state agency, political organization or socio-political organization

(19) He/she is a person responsible for establishing a commercial presence.

(20) He/she is certified by the Ministry of Education and Training as a foreigner entering Vietnam to carry out lecturing and research activities

Thus, foreign laborers in the group of above 20 cases shall be exempt from work permits.

Confirmation procedures for foreign workers who are exempt from work permit

Foreign workers must have confirmation procedures to be exempt from work permit when working in Vietnam. The procedures are as follows:

* Reports on foreign workers who are exempt from work permits:

- Case of application: (2), (4), (6), (7), (8), (14), (17).

- Time of implementation:  Before at least 03 days before the date of working in Vietnam.

- Place of report: The Ministry of Labor, War Invalids and Social Affairs, Departments of Labor, War Invalids and Social Affairs of the cities/provinces that foreign workers plan to work.

- Content of report: Full name, nationality, number of passports, employer’s names of foreign workers, start date, end date

* Confirmation on foreign workers who are exempt from work permit:

- Case of application: The other cases.

- Time of implementation: Before at least 10 days before the date of working in Vietnam.

- The confirmation dossier for foreign workers includes:

+  A written request for certification of a foreign worker’s eligibility for exemption from work permit, made according to Form No. 09/PLI provided in Appendix I to this Decree/

+ A health certificate issued by a foreign or Vietnamese competent health authority no more than 12 months prior to the date of dossier submission, or a health certificate as prescribed by the Minister of Health.

+ A document on approval of the demand for employment of foreign  workers, unless it is not required to determine the demand for employment of foreign workers;

+  A certified copy of the foreign worker’s passport that remains valid in accordance with law

+ Papers proving the foreign worker’s eligibility for exemption from work permit;

- Place of submission The Ministry of Labor, War Invalids and Social Affair or Departments of Labor, War Invalids and Social Affairs of the cities/provinces where foreign workers plan to work.

- Time 05 working days since the date of receiving the dossier. Any failed confirmation must have a specific reason.

- Term of confirmation: Maximum 02 years (this term is also applied for re-granting).