WORK PERMIT EXEMPTION

“Work permits exemption” is a phrase that is currently attracting a lot of attention from foreign workers. Besides the work permit, work permit exemption is also a confirmation document that allows foreign workers to legally work in Vietnam as well as apply for a temporary residence card for long-term settlement in Vietnam. Male. It can be understood, Work permit exemption is the case where foreign workers are not subject to work permit. In this article, Pham Consult will present specific information about work permit exemption for foreigners as follows:

WORK PERMIT EXEMPTION CASES

According to Article 154, Labor Code 2019 and Article 7, Decree 152/2020/ND-CP, there are currently 20 cases in which foreign employees are not required to apply for work permit, specifically:

1. The owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.
2. The 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.
3. An intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.Only applicable if satisfying 04 following conditions:
   1. Employee means managers, executives, experts and technical workers of foreign enterprises.
   2. Such enterprise has established a commercial presence in the territory of Vietnam.
   3. Temporary intra-enterprise migration to the commercial presence in the territory of Vietnam
   4. The employee has been employed by the enterprise for at least 12 consecutive months.
4. Enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.
5. To be granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.
6. To be sent to Vietnam to teach and study at an international school under the management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.
7. Volunteers work without pay to implement international agreements and are certified by diplomatic missions or sending international organizations.
8. Enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.
9. Enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law.
10. Students studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.
11. Relatives of members of the foreign representative body in Vietnam.
12. Obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.
13. Persons responsible for establishing a commercial presence.
14. To be certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.
15. Heads of representative offices, projects or take main responsibility for operations of international organizations or foreign non-governmental organizations in Vietnam.
16. Enters Vietnam for less than 03 months to offer services.
17. Enters Vietnam for less than 03 months to handle complex technical or technological incidents or situations that affect or threaten to affect production and business that existing experts in Vietnam cannot handle.
18. A foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers. Cases prescribed by treaties to which the Socialist Republic of Vietnam is a contracting party.
19. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
20. Foreigners who marry Vietnamese and live in the territory of Vietnam.

Being exempt from work permit does not mean that the exempt employee is free to go to work without having to follow any formalities. Employers hiring foreigners who are exempt from work permits must also carry out procedures and procedures for applying for confirmation of work permit exemption in accordance with the law. However, the following cases are exempt from applying for a letter approving the need to employ foreign workers or applying for confirmation of work permit exemption.

1. In case of being exempt from applying for a letter approving the demand for employing foreign workers but still having to take the step to apply for confirmation of not being eligible for a work permit:

• Head of the representative office, project or take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
• Entering Vietnam for less than 03 months to handle incidents, complex technical and technological situations that arise that affect or threaten to affect production and business that cannot be handled by Vietnamese experts and foreign experts currently in Vietnam.
• Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with the law.
• Students studying at overseas schools and training institutions have internship agreements in agencies, organizations and enterprises in Vietnam; trainees and trainees on Vietnamese ships.
• Have a civil service passport to work for state agencies, political organizations, socio-political organizations.
• The person responsible for establishing a commercial presence.

2. In case of exemption from procedures for application for work permit exemption:

• Foreign lawyers have been granted licenses to practice law in Vietnam in accordance with the Law on Lawyers.
• Foreigners who marry Vietnamese and live in the territory of Vietnam.
• The employee is exempt from the procedure for applying for confirmation that he is not eligible for a work permit but must apply for a letter of approval of the need to employ foreign workers at least 30days before the foreigner’s expected date of starting work, and at least 3 days before this expected date. And must report to the Ministry/ Department of Labor, War Invalids and Social Affairs where the foreign worker intends to work the information: full name, age, nationality, passport number, name of the foreign employer, date of start and end of work.

3. In case of exemption from both steps of determining the need to employ foreign workers and applying for WORK PERMIT exemption

• Foreigners entering Vietnam for less than 03 months to offer services.
• Foreigners are owners or capital-contributing members of limited liability companies with a capital contribution value of VND 3 billion or more.
• A foreigner is the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.
• Foreigners entering Vietnam to work as managers, executives, experts or technical workers with working time of less than 30 days and not more than 03 times in 01 year.
• Foreigners who are relatives of members of foreign representative offices in Vietnam are permitted to work in Vietnam according to the provisions of treaties to which the Socialist Republic of Vietnam is a contracting party.

At least 3 days before the expected date of the foreigner’s start of work, the employer must report to the Ministry/ Department of Labor, War Invalids and Social Affairs where the foreign employee plans to work information: full name, age, nationality, passport number, name of the foreign employer, Work start and end dates.

TERM:

Similar to the duration of a work permit, the time limit for confirming that a foreign worker is not eligible for a work permit and re-issuing a work permit exemption certificate, the maximum duration is 02 years according to the duration of one of the following cases:

• The term of the labor contract expected to be signed;
• Time limit for sending foreign workers to Vietnam to work of foreign parties;
• The duration of the contract or agreement signed by Vietnamese and foreign partners with each other;
• The duration of the contract or agreement signed by Vietnamese and foreign partners with each other;
• The duration of the contract or service provision agreement signed by Vietnamese and foreign partners;
• The time limit in the document for sending foreign workers to Vietnam to negotiate the service provision of the service provider;
• Time limit specified in the operation license of the agency, organization or enterprise;
• The time limit stated in the written appointment of a foreign worker to Vietnam to establish a commercial presence of such a service provider;
• The time limit stated in the document proving that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam;
• The time limit stated in the written approval to employ foreign workers, except for cases where a report explaining the demand for employing foreign workers mentioned above is not required.

LEGAL BASIS:

Labor Code No. 45/2019/QH14 takes effect from 01/01/2021

Decree 152/2020/ND-CP takes effect on February 15, 2020.

 

For assistance with work permit-related matters, you can contact Pham Consult. Our company with a team of professional staff, has many years of experience working with domestic and foreign enterprises,… Pham Consult is committed to providing high-quality services with reasonable fees, you can rest assured and accompany us in investment registration procedures.

 

In addition, if you want to better understand the procedure of work permit exemption as well as related issues, please contact Pham Consult – a unit specializing in providing tax consultancy, financial consulting, accounting services, salary preparation and payment. Customers can contact us via hotline: (84-28) 3930 2487 or Facebook communication channel if you need support.