Work Permit Exemption

Cases in which foreign workers are not subject to work permit issuance:

1. Being the Head of a representative office, project, or holding the main responsibility for the operations of an international organization or a foreign non-governmental organization in Vietnam.

2. Entering Vietnam for a period of less than 03 months to offer services.

3. Entering Vietnam for a period of less than 03 months to handle complex technical or technological incidents that affect or are likely to affect production or business activities, and which cannot be resolved by current Vietnamese or foreign experts in Vietnam.

4. Being a foreign lawyer who has been granted a license to practice law in Vietnam under the Law on Lawyers.

5. Cases as prescribed by international treaties to which the Socialist Republic of Vietnam is a member.

6. Foreigners married to Vietnamese citizens and residing in Vietnam.

7. Being the owner or a capital-contributing member of a limited liability company with a capital contribution of VND 3 billion or more.

8. Being the Chairman or a member of the Board of Directors of a joint-stock company with a capital contribution of VND 3 billion or more.

9. Intra-corporate transferees within 11 service sectors listed in Vietnam's WTO service commitments, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture & entertainment, and transportation.

10. Entering Vietnam to provide professional and technical consultancy services or perform other tasks related to research, construction, appraisal, monitoring & evaluation, management, and implementation of programs and projects using official development assistance (ODA) as prescribed or agreed in international treaties on ODA signed between competent authorities of Vietnam and foreign parties.

11. Having been granted an information and press activity license by the Ministry of Foreign Affairs in accordance with the law.

12. Being assigned by competent foreign agencies or organizations to teach or work as managers or executives at educational institutions established at the request of foreign diplomatic missions, intergovernmental organizations, or under international treaties to which Vietnam is a party.

13. Volunteers who are foreign workers working in Vietnam on a voluntary and unpaid basis to implement international treaties to which Vietnam is a member and are confirmed by foreign diplomatic missions or international organizations in Vietnam.

14. Entering Vietnam to work as managers, executives, experts, or technical workers for less than 30 days and not more than 03 times per year.

15. Entering Vietnam to implement international agreements signed by central or provincial-level agencies or organizations in accordance with the law.

16. Students studying at foreign educational institutions having internship agreements with agencies, organizations, or enterprises in Vietnam; interns or trainees on Vietnamese ships.

17. Relatives of members of foreign representative missions in Vietnam who are permitted to work under international treaties to which Vietnam is a member.

18. Holding an official passport and working for a state agency, political organization, or socio-political organization.

19. Being responsible for establishing a commercial presence.

20. Confirmed by the Ministry of Education and Training as foreign workers entering Vietnam to perform the following tasks:
    a) Teaching or conducting research;
    b) Serving as managers, executives, principals, or vice principals of educational institutions established at the request of foreign diplomatic missions or intergovernmental organizations.

Which authority is responsible for confirming that a foreign worker is not subject to work permit issuance?
The Ministry of Labor, Invalids and Social Affairs (currently Ministry of Home Affairs) or the Department of Labor, Invalids and Social Affairs (currently Department of Home Affairs) is the competent authority to confirm that the foreign worker is not subject to work permit issuance.

When is it required to apply for the Confirmation that a foreign worker is not subject to a work permit in Vietnam?

The employer must submit a request to the Ministry of Home Affairs or the Department of Home 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 prior to the date the foreign worker is expected to start working.

Cases that are not subject to a work permit and do not require the Confirmation of not being subject to a work permit:

1. Entering Vietnam for less than 03 months to offer services.

2. Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.

3. Being the owner or a capital-contributing member of a limited liability company with a capital contribution value of VND 3 billion or more.

4. Being the Chairman or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.

5. Entering Vietnam to work in a position as a manager, executive director, expert or technical worker for less than 30 days and no more than 03 times in a year.

6. Being a relative of a member of a foreign diplomatic mission in Vietnam.

Although these individuals do not need to obtain the Confirmation of not being subject to a work permit, the employer must still report to the Ministry of Home Affairs or the Department of Home Affairs where the foreign worker is expected to work. The report must include: full name, age, nationality, passport number, name of foreign employer, start and end dates of employment. This report must be submitted at least 3 working days before the foreign worker is expected to start working in Vietnam.

Validity period of the Confirmation that a foreign worker is not subject to a work permit

The maximum validity of the confirmation is 02 years, depending on one of the following conditions:

1. The expected duration of the labor contract to be signed.

2. The duration of assignment by the foreign company sending the foreign worker to Vietnam.

3. The duration of the contract or agreement signed between the Vietnamese and foreign partners.

4. The duration of the service contract or agreement signed between the Vietnamese and foreign partners.

5. The duration stated in the document of the service provider sending the foreign worker to Vietnam to negotiate service provision.

6. The duration stated in the operation license of the agency, organization, or enterprise.

7. The duration stated in the document of the service provider sending the foreign worker to Vietnam to establish a commercial presence.

8. The duration stated in the document proving the foreign worker’s involvement in the operations of a foreign-invested enterprise with a commercial presence in Vietnam.

9. The duration stated in the approval document for employing foreign workers, except for cases where the employer is not required to submit a report explaining the demand for foreign labor.

In the case of re-issuance of the confirmation, the maximum validity is also 02 years.

Application dossier for confirmation of not being subject to a work permit includes:

a) A written request for confirmation that the foreign worker is not subject to a work permit.

b) Health certificate or medical examination certificate
(Health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical authority, valid within 12 months from the date of conclusion to the date of submission; or a certificate proving sufficient health as required by the Minister of Health.)

c) Approval document on the demand for employing foreign workers, except for cases not required to determine the need for foreign labor.

d) Certified copy of the passport or a copy of the passport with the employer's certification, valid under Vietnamese law.

đ) Documents proving that the foreign worker is not subject to a work permit.

e) The above documents must be either originals or certified copies. If issued by a foreign authority, they must be legalized, translated into Vietnamese, and notarized or certified, unless exempted from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the relevant foreign country are both members, or based on the principle of reciprocity, or as prescribed by Vietnamese law.

Consultation and support services for Work Permit procedures at Vietnamworkpermit.vn

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