VI A work permit is a type of legal document issued by a competent authority to allow workers of foreign nationality to work in Vietnam legally. According to the provisions of Article 151 of the 2019 Labor Code, foreign workers who want to enter Vietnam’s labor market are required to have this permit to partly ensure job opportunities for Vietnamese citizens. However, lawmakers still have provisions for “work permit exemption” for foreign workers in certain cases. And this is a relatively important regulation for businesses that have, are and will need to employ workers. Recognizing that, in the spirit of wanting to support businesses, Pham Consult will inform businesses about the cases as well as the order and procedures for requesting confirmation of foreign workers working in Vietnam. are not subject to work permit issuance through this article.
Related legal documents:
• Current Labor Code;
• Decree 152/2020/ND-CP
• Decree 70/2023/ND-CP
1. Cases where foreign workers are exempt from work permits:
Pursuant to the provisions of Article 154 of the current Labor Code, cases where workers are exempt from work permits include:
a. Be an owner or capital contributing member of a limited liability company with capital contribution value according to Government regulations.
b. Be the Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with capital contribution value according to Government regulations.
c. Be the Head of a representative office, project or be primarily responsible for the activities of an international organization or foreign non-governmental organization in Vietnam
d. Enter Vietnam for less than 03 months to offer services.
e. Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and Foreigners currently in Vietnam cannot handle it.
f. Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
g. In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
H. Foreigners marry Vietnamese people and live in Vietnamese territory.
i. Other cases according to Government regulations.
2. Documents requesting confirmation that foreign workers are exempt from work permits:
According to the provisions of Clause 3, Article 8 of Decree 152/2020/ND-CP, the set of documents that businesses need to prepare to request confirmation that workers are exempt from work permits includes:
a. Written request to confirm that the foreign worker is not subject to a work permit;
b. Health certificate or health examination certificate as prescribed in Clause 2, Article 9 of this Decree;
c. Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
d. Certified copy of valid passport according to law;
e. Documents to prove that foreign workers are not subject to a work permit.
Note:
Documents at points b, c, e are 01 original or certified copy. If from a foreign country, they must be consular legalized, translated into Vietnamese and authenticated unless consular legalization is exempt. according to international treaties to which Vietnam and the foreign country concerned are both members or according to the principle of reciprocity or according to the provisions of law.
3. Procedures to be followed:
Implementation procedures: Pursuant to Point b, Clause 2 and Clause 13, Article 1 of Decree 70/2023/ND-CP amending and supplementing Decree 152/2020/ND-CP, the employer will have to send a request Request the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work to confirm that the foreign worker is not subject to a Work Permit at least 10 days in advance. from the date the employee starts working.
For the cases specified in Clauses 4, 6, 8, Article 154 of the 2019 Labor Code and Clauses 1, 2, 8 and 11, Article 7 of Decree 152/2020/ND-CP, the employer does not need to do anything. confirmation procedures mentioned above with the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs
The order of execution:
o Step 1: 10 days before starting work, submit complete documents requesting confirmation to the Department
o Step 2: Within 05 working days from the date of receiving complete documents, the Department will issue a written confirmation that they are not eligible for a work permit.
Estimated completion time: From 10 to 15 days
If your business has any problems or needs support in the process of carrying out procedures to confirm that foreign workers are exempt from work permits, do not hesitate to contact Pham Consult immediately to receive the most dedicated support and the best quality of service.
