Certification of exemption from work permit

Certification of exemption from work permit

Do All Foreigners Coming to Vietnam Need a Work Permit?
To address your concerns, in this article, Siglaw will guide you through the procedures for obtaining confirmation that certain foreigners are exempt from requiring a work permit while still being allowed to work in Vietnam.

“1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.

2. 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 dong. <0}
3. 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.
4. Entering Vietnam to Provide Consulting Services on Expertise and Technical Matters or to Carry Out Other Tasks Related to Research, Development, Appraisal, Monitoring and Evaluation, Management, and Implementation of Programs and Projects Using Official Development Assistance (ODA) Resources as Regulated or Agreed Upon in International Treaties on ODA Signed Between the Competent Authorities of Vietnam and Foreign Countries.
5. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.
6. He/she is sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under 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. He/she is a volunteer as specified in clause 2 Article 3 of this Decree.
8. He/she 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. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law
10. 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.
11. He/she is a relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.
12. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.
13. He/she takes charge of establishing a commercial presence.
14. Approved by the Ministry of Education and Training for Foreign Workers Entering Vietnam to Teach and Conduct Research.

Thus, individuals falling into these 14 categories will not need to go through the work permit application process to work in Vietnam; they only need to complete the procedure for requesting confirmation of their exemption from the work permit requirement.

Authority and Timeframe for Confirming Foreign Workers Exempt from Work Permit Requirements

Authority: The Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs are the competent authorities for confirming that foreign workers are exempt from needing a work permit.

Obligated Party: The business (employer) must request confirmation from the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work, at least 10 days before the foreign worker begins their employment.

If the foreign worker falls under the following categories: Entering Vietnam for less than 3 months to offer services: Being a foreign lawyer licensed to practice law in Vietnam as per the Law on Lawyers; Marrying a Vietnamese citizen and residing in Vietnam; Being the owner or a capital-contributing member of a limited liability company with a capital contribution of 3 billion VND or more; Serving as the Chairman of the Board or a board member of a joint-stock company with a capital contribution of 3 billion VND or more; Entering Vietnam to work in a managerial, executive, expert, or technical role for less than 30 days and not exceeding 3 times in one year; Being a family member of a foreign representative office in Vietnam in specific cases

Then they do not need to undergo the procedure for confirming exemption from the work permit requirement but must report to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work the following information:

• Full Name
• Age
• Nationality
• Passport Number
• Name of the Foreign Employer
• Start Date and End Date of Employment (at least 3 days before the foreign worker is expected to begin work in Vietnam)

Duration: A maximum of 2 years.

Procedure for Confirming Foreign Workers Exempt from Work Permit Requirements

Step 1: Prepare the Documentation

The application must include:

1. Document in accordance with Form No. 09/PLI: Appendix I of Decree No. 152/2020/ND-CP.
2. Supporting Documents: Documents proving that the foreign worker is exempt from needing a work permit.
3. Health Certificate: Or a medical examination report.
4. Certified Copy of Passport: A certified copy of a valid passport in accordance with legal provisions.

Note: If the above documents are issued by a foreign country, they must be consularly legalized, translated into Vietnamese, and certified.

Step 2: Submit the Application

• The employer must submit the application for confirmation that the foreign worker is exempt from needing a work permit to the Department of Labor, Invalids and Social Affairs at least 10 days before the expected start date of employment.

Step 3: Document Verification

• The competent authority will verify the application documents and accept them if they are complete and valid.

Step 4: Receive Confirmation

• The receiving authority will issue a written confirmation stating that the foreign worker is exempt from needing a work permit.

Consultation Services for Confirming Foreign Workers Exempt from Work Permit Requirements by Siglaw

Benefits: Siglaw is one of the leading law firms in Vietnam, with a team of experienced lawyers and legal experts in the field of investment law. We are committed to providing clients with dedicated, effective support that meets all their needs during the consultation process and the execution of procedures for confirming that foreign workers are exempt from needing a work permit.

Experience: With many years of experience in the legal field, we take pride in being a pioneer in providing investment consulting services, company establishment, and comprehensive support for businesses throughout all processes. We continuously update and grasp the latest legal developments, helping clients make accurate and timely decisions.

Siglaw Team: The team of lawyers at Siglaw consists of highly qualified professionals with extensive experience in resolving legal issues across various fields. We are capable of providing the most suitable solutions and managing risks to facilitate the smooth implementation of projects for our clients.

Costs: Confirming that foreign workers are exempt from needing a work permit is one of the procedures that Siglaw frequently assists clients with. We are committed to offering services at reasonable and competitive costs. We will discuss necessary expenses directly with you before commencing work, allowing you to better manage your budget and financial planning.

The above information pertains to the topic of “Certification of exemption from work permit” from the staff of Siglaw Firm. If you have any further issues that need resolution, please contact Siglaw for prompt and completely free assistance.

Siglaw Law Firm

Phone: (+84) 961 366 238

Email:

• vphn@siglaw.com.vn
• vphcm@siglaw.com.vn

Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.

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