Cases of exemption from work permits in Vietnam

What is work permit exemption?

Work permit exemption is the process of allowing certain jobs or in specific cases it is not necessary to have a work permit to work in a most defined country. The subjects of exemption from labor permits are usually foreigners who have important roles or need to work temporarily or short-term in some fields such as education, technology, management or research.

20 cases of foreign workers being exempted from work permits

• The owner or capital contributing member of a limited liability company with a capital value of 3 billion VND or more.
• The chairman of the board of directors or a member of the board of directors of a joint stock company with a capital value of 3 billion VND or more.
• The Head of a representative office, project or taking main responsibility for the operation of an international organization or foreign non-governmental organization in Vietnam..
• Entering Vietnam for a period of less than 03 months to offer services.
• Entering Vietnam for a period of less than 03 months to handle complex technical and technological incidents, situations that affect or are likely to affect production and business that cannot be handled by Vietnamese
• Foreign lawyers who have been granted a License to practice law in Vietnam according to the Lawyer's regulations.
• Case under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

• Foreigners who are married to Vietnamese and live in the territory of Vietnam.
• Moving within enterprises within the scope of 11 service sectors in Vietnam's service commitment schedule with the
• World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation.
• Entering Vietnam to provide professional and technical consultancyservices or perform other tasks in service of research, formulation, appraisal,monitoring and evaluation, management and implementation of programs and projects using official development assistance (ODA) in accordance with regulations or agreements in international agreements on ODA signed between competent agencies of Vietnam and foreign countries.

• Be granted a license to operate information and press in Vietnam by the Ministry of Foreign Affairs in accordance with law.
• Being sent to Vietnam by a competent foreign agency or organization to teach or 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.

• Volunteers specified in Clause 2, Article 3 of Decree 152/2020/ND-CP.
• Entering Vietnam to work as a manager, executive director, expert or technical worker with a working time of less than 30 days and not more than 03 times in 01 year.

• Entering Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels in accordance with law. Pupils and students studying at overseas schools and training institutions who have internship agreements in agencies, organizations and enterprises in Vietnam; trainees and apprentices on Vietnamese ships.

• Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of Decree 152/2020/ND-CP.
• Having an official-duty passport to work for a state agency, political organization, socio-political organization.
• Person responsible for establishing a commercial presence.
• The Ministry of Education and Training certifies that foreign workers enter Vietnam for teaching and research.

Application for work permit exemption

According to the provisions of Article 8 of Decree 152/2020/ND-CP, the application for confirmation of not being issued a work permit includes:

• Written request for confirmation that foreign workers are not subject to a work permit according to Form No. 09/PLI;
• Health certificate within 12 months;
• Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
• Certified copy of valid passport according to law;
• Papers to prove that foreign workers are not eligible for a work permit.

Documents issued in Vietnam must be originals or notarized copies and documents issued aboard must be consular legalized (unless exempt from consular legalization), and then notarized into Vietnamese.

Procedures for applying for work permit exemption for foreigners

– Being exempt from a work permit does not mean that exempt workers automatically go to work without having to submit any procedures. Foreign employers who are exempt from work permits must also go through the process of applying for confirmation of collection of work permit exemption interface (also known as confirmation of not being subject to work permit issuance) or must report to the competent authority. Below is the procedure for applying for exemption from work permit issuance:

Step 1: Apply for approval to use foreign workers

This step is detailed in Article 4 of Decree 152/2020/ND-CP as follows:

• First, the employer prepares the following documents:

+ Notarized copy of Business Registration;

+ Document explaining the need to use foreign workers Form 01/PLI or Document explaining the change in need to use foreign workers Form 02/PLI if the need to use foreign workers changes ;

• Then, at least 30 days before the date the foreign worker is expected start working, the employer must submit the above documents to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People's Committee of the province or centrally- run city where the foreign worker is expected to work to apply for a written approval of the need to employ foreign workers.
• Within 10 working days from the date of submission of a complete explanation documents, the employer will receive a written approval of the demand for using foreign workers according to Form 03/PLI. In case of refusal, the Ministry of Labor, War Invalids and Social Affairs or the Provincial People's Committee will issue a written explanation of the reason.

Step 2: Apply for confirmation that you are a foreign worker who is not subject to a work permit

In this step,

• The employer and employee prepare a set of documents including the documents specified in the section of Work permit exemption documents.
• Then, at least 10 days before the foreign worker starts working, the foreign employer must submit this application to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor and War Invalids. and Society in the province where the foreign worker will work.
• Within 05 working days from the date of submission of complete documents, the employer will receive confirmation of work permit exemption for foreign workers according to Form 10/PLI. In case of refusal, the foreign employer will receive a written reply with a specific reasons.

Note:

According to the provisions of Article 4 and Article 8 of Decree 152/2020/ND-CP, the following cases are exempted from the step of applying for a letter approving the need to use foreign workers and or applying for confirmation of work permit exemption.

A. Cases exempted from applying for a letter approving the demand for foreign workers

There are 6 subjects exempted from work permits who do not have to take the step of determining the need to use foreign workers, but must take the step of applying for confirmation that they are not subject to a work permit, which are:

• Being the Head of a representative office, project or have main responsibility for the activities of international organizations and foreign non-governmental organizations in Vietnam.
• Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that affect or not likely to affect production and business that Vietnamese experts and other Foreign experts currently in Vietnam cannot handle it.
• Entering Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
• Students studying at overseas schools and training institutions have internship agreements with agencies, organizations, and businesses in Vietnam; interns and trainees on Vietnamese ships.
• Having an official-duty passport to work for state agencies, political organizations, or socio-political organizations.
• Person responsible for establishing a commercial presence

B. Cases of exemption from procedures for application for exemption.

There are 2 cases of exemption from work permit that are exempt from the procedure for applying for certification of not being subject to work permits. However, the employer must apply for an official letter approving the demand for employ foreign workers at least 30 days before the expected start date of the foreigner's work, and at least 3 days in advance. On this expected date, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Foreign Workers expected to work information: name, age, nationality, passport number, name of foreign employer, start and end date of work.

These 2 cases are:

• Foreign lawyers who have been granted a law practice license in Vietnam in accordance with the Law on Lawyers.
• Foreigners married to Vietnamese and live in the territory of Vietnamese.

C. Cases exempted from both steps of determining the need to employ foreign workers and applying for work permit exemption

– There are 5 cases that are exempt from both steps in the procedure for applying for exemption from work permit. However, at least 3 days before the expected start date of the foreigner's start of work, the employer must report to the Ministry of Labor.

Duration of work permit exemption certification

– The duration of confirmation of work permit exemption from work permit, similar to the duration of the Work Permit, maximum 02 years and accompanied by one of the following conditions:

• The labor unionization period is expected to end.
• Time limit for sending foreign workers to Vietnam to work abroad.
• Time limit for agreement or agreement between Vietnamese and foreign partners.
• Reasonable term or agreement to provide services between Vietnamese and foreign partners.
• Time limit in the document appointing foreign workers to Vietnam to negotiate service provision with the service provider.
• The term is determined in the operating license of the agency, organization or enterprise.
• Time limit in the document appointing foreign workers to Vietnam to establish the current commercial interface of that service provider.
• Time limit in the document proving that foreign workers are allowed to participate in the operations of a foreign enterprise that has established a commercial interface in Vietnam.
• Deadline in the written approval to employ foreign workers, unless otherwise required to make a decoding report and request the foreign employer.

– In case of reissuing a work permit exemption certificate, the reissued work permit exemption certificate also has a maximum term of 0 2 names. This is specifically stipulated in Article 8 of Decree 152/2020/ND-CP.

If you have any questions or need support regarding the issuance, re-issuance, or work permit/ work permit issuance, please call 0868257532 or email [email protected] when you need advice ours

All are consulted in detail and free of charge by Global Consulting Company (Vietnamworkpermit.vn).

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