Exemption of work permit for foreigners in Vietnam

Bởi Trần Thu Thủy - 04/04/2020
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Some foreigners are exempted from getting Vietnam Work Permit and can work in Vietnam with business visas only, such as:

  1. Working in Vietnam for shorter than 03 months. Those foreigners can work in Vietnam under a business visa;
  2. Being the members of a limited liability company with two members or more;
  3. Owning a limited liability company with a member (except an authorized representative);
  4. Being the Board of Directors members of the joint-stock company;
  5. Entering Vietnam to provide services;
  6. Entering Vietnam for 03 months to handle emergency problems such as incidents, technical situations, arising complex technologies that affect or likely to affect production, a business that Vietnamese experts or foreign experts currently in Vietnam cannot handle. If the time for the said matters is more than 03 months, they have to apply for a work permit.
  7. Being e internally transferred within an enterprise operating in the 11 service sectors in the list of Vietnam’s commitments on services to the World Trade Organization, including business, communication, construction, distribution, education, environment, finance, healthcare, tourism, cultural entertainment, and transport;
  8. Entering Vietnam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Vietnam and other countries;
  9. Being issued with a license for the practice of journalism in Vietnam by the Ministry of Foreign Affairs in accordance with the law;
  10. Being teachers of foreign organizations that are sent to Vietnam by such organizations to teach and research in international schools under the management of foreign diplomatic missions or international organizations in Vietnam or permitted by the Ministry of Education and Training to teach and research in Vietnam’s education and training institutions;
  11. Being volunteers certified by foreign diplomatic missions or international organizations in Vietnam;
  12. Coming to Vietnam to work as experts, managers, executive directors or technical employees within a period of less than 30 days and no more than 90 cumulative days in 01 years;
  13. Entering Vietnam to implement international agreements to which central and local state agencies are signatories as prescribed by the law;
  14. Being students studying in foreign schools and institutions having agreements on an internship in agencies, organizations, and enterprises in Vietnam;
  15. Being family members of diplomatic agents of foreign diplomatic missions in Vietnam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Vietnam is a signatory that contains provisions different from this;
  16. Having official passports to work for state agencies, social organizations and socio-political organizations;
  17. Other cases decided by the Prime Minister at the proposal of the Ministry of Labor – Invalids and Social Affairs.

Required documents for Vietnam work permit exemption

The new procedures must be completed 7 working days prior to the commencement of the foreign worker's work

  1. Request for exemption from work permits,
  2. Profile of the foreign worker comprising full name, age, gender, nationality, passport number, start date and end date of employment, job placement of the foreign worker.
  3. Notarized true copy of the passport.
  4. Proof of eligibility for work permit exemption, such as:

+ Document certifying experience as a manager, executive director, specialist or TB

kinetic engineering

+ Document of foreign business sent to work in Vietnam

+ Documents related to the foreign enterprises such as investment license, business registration certificate, establishment licenses (for headquarters or branches)

Note: Foreign documents include 01 photocopy to be collated with the original or 01 certified copy are exempt from Consular authentication, but must be translated into Vietnamese and certified in accordance with regulations of Viet Nam.

Submit the documents

After preparing all the documents, the employer submits the application to the Department of Labor - Invalids and Social Affairs where the foreigner is expected to work.

The Department of Labor - Invalids and Social Affairs where the foreigner is expected to receive the request and request the employer to amend and supplement the file.

The processing time :

03 working days from the date of receipt of complete and valid documents.

Recommendations :

  1. Articles in the legal field are made by lawyers, experts of Everest Law Firm for the purpose of scientific research or dissemination of legal knowledge, absolutely not for commercial purposes.
  2. Articles using the knowledge or opinions of experts are cited from reliable sources. At the time of citing these statements, we agree with the views of the author. However, you should only consider this as a reference, because it may only be the opinion of the writer.
  3. In case you need to answer questions about related issues, or need legal advice for a specific case, please contact the experts and lawyers of Everest Law Firm. Hotline: 19006198, E-mail: info@everest.net.vn.

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