HOW TO GET A CERTIFICATION OF EXEMPTION FROM WORK PERMIT IN VIETNAM

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Foreign employees who want to work in Vietnam shall apply for a Work Permit. To create favorable conditions for foreign workers, the law of Vietnam stipulates some cases of exemption from work permit in Vietnam. So, according to the law, what are those cases? What is the procedure for applying for the certificate of exemption from a work permit? Find out with OTIS LAWYERS in the article below!

Legal grounds

Labor code No. 45/2019/QH14 dated November 20, 2019 of The National Assembly 

Decree No 152/2020/ND-CP dated December 30, 2020 of the Government on Foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam

20 cases of exemption from work permit

According to Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP, foreign employees are not required to have a work permit if he/she:

  1. Is the manager of a representative office, project or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.
  2. Enters Vietnam for a period of fewer than 03 months to do marketing of a service.
  3. Enters Vietnam for a period of fewer than 03 months to resolve a complicated technical or technological issue which (i) affects or threatens to affect the business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
  4. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam under the Law on Lawyers.
  5. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
  6. Gets married to a Vietnamese citizen and wishes to reside in Vietnam.
  7. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dongs.
  8. He/she is 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 dongs.
  9. He/she is 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.
  10. He/she 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) under regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.
  11. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.
  12. He/she is sent by a foreign competent authority or organization 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.
  13. He/she is a volunteer as specified in clause 2 Article 3 of this Decree.
  14. He/she enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of fewer than 30 days and up to 3 times a year.
  15. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law
  16. He/she is a student 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.
  17. He/she is a relative of a member of the foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.
  18. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.
  19. He/she takes charge of establishing a commercial presence.
  20. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.

Required documents in an application for exemption from a work permit in Vietnam

Clause 3, Article 8 of Decree 152/2020/ND-CP stipulates that an application for exemption from a work permit includes the following documents:

  1. An application form for certification of exemption from work permit No. 09/PLI Appendix I hereto appended;
  2. A fitness-to-work certificate in accordance with the law
  3. An acceptance of demand for foreign workers, unless it is not required;
  4. A valid certified true copy of passport as per the law;
  5. Documents justifying that the foreign worker is exempt from a work permit;

Any document mentioned above is 1 original or certified true copy; if a document is written in a foreign language, it must be consular legalized, translated into Vietnamese and certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law. 

Procedures for exemption from work permit in Vietnam 

  • The employer shall request the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where the foreign worker is expected to work to certify that such foreign worker is eligible for exemption from a work permit at least 10 working days before he/she starts to work.
  • Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall issue a certification of exemption from work permit. 
  • The validity period of certification of exemption from a work permit is up to 2 years. 

Note: For any of the circumstances in clauses 4, 6, and 8 of Article 154 of the Labor Code and clauses 1, 2, 8, and 11 of Article 7 of Decree 152/2020/ND-CP, the employer is not required to apply for the certification of exemption but it must report the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of the province where the foreign worker is expected to work, at least 3 days before the such foreign worker starts to work in Vietnam, on the following: full name, age, nationality, passport number, name of employer, starting date and completion date.

Above is our advice on the exemption from a work permit for foreign workers. We hope that it will be helpful information for you. 

Consulting service to apply for a work permit in Vietnam of OTIS LAWYERS

OTIS LAWYERS is always proud to be a professional unit in the field of consulting for the issuance and re-issuance of work permits. With a team of highly qualified lawyers, extensive experience, and dedication to clients, we believe that we will provide foreign workers with the best professional services, at a reasonable cost and the fastest processing time. We commit that all client information is confidential and client interests always come first. Please contact:

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Address: No. K28, Lane 68 Trung Kinh, Yen Hoa Ward, Cau Giay District, Hanoi City.

Hotline: (+84) 987 748 111

Email: [email protected]/  Website:  https://otislawyers.vn/

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