A work permit is always something that most foreign workers are concerned about when deciding to live and work in Vietnam. They often mistakenly believe that they need a work permit to be able to legalize to work and live in Vietnam. However, in reality, there are still cases where the law allows exemption from work permits. So which subjects will be exempt from work permits? Let PHAM CONSULT update you with specific information about work permit exemption.
According to Vietnamese law, a work permit is a type of document used to prove that foreign workers are legally eligible to work in Vietnam. This is a type of legal document issued by Vietnamese competent agencies to foreign workers when they are eligible to work in Vietnam. When having a work permit, foreign workers are legally allowed to work in Vietnam, and are guaranteed rights and obligations in accordance with the law.
However, not all foreign workers working in Vietnam are required to have a work permit. Accordingly, the law in Vietnam stipulates that some cases will be exempt from work permits.
Currently, Vietnam does not have specific regulations on the concept of work permit exemption. However, based on the concept of work permits for foreigners in Vietnam, we can determine that exemption from work permits means that foreign workers do not need to apply for work permits when entering Vietnam to work.
Pursuant to Article 154 of the Labor Code 2019, there are regulations on foreign workers working in Vietnam who are not subject to work permits. In addition, some subjects who are not subject to other work permits specified in Article 7 of Decree 152/2020/ND-CP, we have subjects exempt from work permits:
(1) Being the head of the representative office, project or taking the main responsibility for the operation of the international organization or foreign non-governmental organization in Vietnam.
(2) Entering Vietnam for less than 03 months to offer services.
(3) Entering Vietnam for less than 03 months to handle incidents, complex technical and technological situations that arise that affect or are likely to affect production and business that cannot be handled by existing experts in Vietnam.
(4) Being a foreign lawyer who has been granted a law practice license in Vietnam.
(5) In accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
(6) Foreigners who are married to Vietnamese and live in the territory of Vietnam.
(7) Being the owner or capital contributor of a limited liability company with a contributed capital of VND 3 billion or more.
(8) Being the Chairman or member of the Board of Directors of a joint-stock company with a contributed capital of VND 3 billion or more.
(9) Moving within the enterprise within the scope of the following industries: business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation. Only applicable if the following 04 conditions are satisfied:
(10) Providing professional and technical consultancy services or performing other tasks in service of research, formulation, appraisal, monitoring and evaluation, management and implementation of programs and projects funded by Official Development Assistance.
(11) Granted a license for information and press activities in Vietnam by the Ministry of Foreign Affairs.
(12) Being sent to Vietnam to teach and research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed and acceded to.
(13) Volunteers who work without pay for the implementation of international treaties and have the certification of diplomatic missions or international organizations dispatching them.
(14) Working at the position of manager, executive director, expert or technical worker with a working time of less than 30 days and no more than 03 times in 01 year.
(15) Entering Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels.
(16) Students studying abroad who have an internship agreement in Vietnam; trainees and apprentices on Vietnamese ships.
(17) Relatives of members of foreign representative missions in Vietnam.
(18) Having an official-duty passport to work for a state agency, political organization, or socio-political organization.
(19) The person responsible for establishing the commercial presence.
(20) The Ministry of Education and Training certifies that foreign workers enter Vietnam for teaching and research.
Above are 20 cases of foreign workers who are exempt from work permits that PHAM CONSULT has compiled in accordance with the law in Vietnam.
Foreigners who are exempt from work permits do not mean that they do not have to notify the labor management agency. In order for those who are exempt from work permits to stay and work in Vietnam, it is necessary to carry out the procedures for requesting certification according to the provisions of Article 8 of Decree 152/2020/ND-CP, concrete:
+ A written request for certification that the foreign worker is not subject to a work permit according to Form No. 09/Appendix I.
+ Certificate or health examination certificate issued by a foreign or Vietnamese medical establishment within 12 months, up to the time of submission of the application.
+ Written approval of the demand for the use of foreign workers, except for cases where the demand for the use of foreign workers is not required to be determined.
+ A certified copy of a valid passport as prescribed by law
+ Documents to prove that the foreign worker is not subject to a work permit
Note: Documents issued in Vietnam must be originals or notarized copies, while papers issued abroad must be consular legalized (unless exempt from consular legalization), then must be translated notarized into Vietnamese.
To be certified as a work permit exemption, foreign workers need to prepare all the documents mentioned above.
Pursuant to the regulations on the order and procedures for applying for exemption from work permits for foreigners, it is necessary to follow the following specific steps:
Step 1: Apply for an official letter of approval for the use of foreign workers
Pursuant to Article 4 of Decree 152/2020/ND-CP, the employer must prepare the following dossiers:
Within 10 working days from the date of submission of a complete explanation dossier, the employer will receive a written approval of the demand for using foreign workers according to Form 03/Appendix I.
In case it is not granted, the Ministry of Labor, War Invalids and Social Affairs or the provincial People’s Committee will issue a written explanation for the reason.
Step 2: Apply for a certificate of not being subject to a work permit
The employer and the employee shall prepare a dossier consisting of papers as stated in the sub-section of the work permit exemption dossier listed in the section of dossier of application for work permit exemption.
After about 10 days, before the date the foreign worker starts working, the foreign employer must submit this dossier to the Ministry of Labor, War Invalids and Social Affairs or the provincial Department of Labor, War Invalids and Social Affairs where the foreign worker will work.
Within 05 working days from the date of submission of a complete dossier, the employer will receive a confirmation of exemption from work permits for foreign workers according to Form 10/Appendix I.
In case of refusal, the foreign employer will receive a written reply with a specific reason.
According to the law in Vietnam, the Ministry of Labor, Trade and Social Affairs or the Department of Labor, War Invalids and Social Affairs has the authority to certify that foreign workers are not subject to work permits.
Pursuant to Article 8 of Decree 152/2020/ND-CP, the time limit for certifying that foreign workers are not subject to work permits is a maximum of 02 years and according to the duration of one of the following cases:
In case of re-issuance of certification that the foreign worker is not subject to work permit, the maximum time limit is 02 years.
According to Clause 2, Article 8 of Decree 152/2020/ND-CP, the following cases are not required to confirm the exemption from work permits but only need to be reported to the Department of Labor, War Invalids and Social Affairs:
Although they are not required to carry out procedures to certify that foreign workers are not subject to work permits, they must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign workers are expected to work with the following information: full name, age, nationality, passport number, name of the foreign employer, date of start and end of work at least 3 days before the date the foreign worker is expected to start working in Vietnam.
If you have any legal questions that need to be answered, do not hesitate to contact PHAM CONSULT immediately at hotline +84932 103 118 to receive advice from specialists.
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