A work permit is one of the legal conditions allowing foreign workers to work in Vietnam, issued by a competent state agency. Foreign workers must present their work permit when requested by a competent state agency. Employers who employ foreign workers to work for them without a work permit will be recognized as a violation.
The maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 02 years. The work permit is invalidated at the end of its term, upon termination of the labor contract, because the content of the labor contract is not consistent with the content of the issued work permit, or because the work is not in accordance with the provisions of the work permit, according to the written notice of the foreign party ceasing to send foreign workers to work in Vietnam or when the work permit is revoked.
20 CASES EXEMPT FROM WORK PERMITS FOR FOREIGN WORKERS
Foreigners who are working in Vietnam complied with the local regulations properly can avoid most of the troubles and remain their reputation or working history in Vietnam.
VIVA Business Consulting would like to present to you regulations on the exemption from work permits for foreign workers who are working in Vietnam, we do hope this article will be useful information for both employers and employees.
- 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.
- Enters Vietnam for a period of less than 03 months to do marketing of a service.
- Enters Vietnam for a period of less than 03 months to a resolve 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.
- Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.
- In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
- Gets married to a Vietnamese citizen and wishes to reside in Vietnam.
- He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dongs.
- 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.
- 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.
- 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) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.
- He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs.
- 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.
- He/she is a volunteer as specified in clause 2 Article 3 of this Decree.
- 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.
- He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law
- 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.
- He/she is a relative of a member of the foreign representative body in Vietnam (Accompanying members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.
- He/she obtains an official passport to work for a regulatory agency or political or socio-political organization.
- He/she takes charge of establishing a commercial presence.
- He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.
CERTIFICATION OF EXEMPTION FROM WORK PERMIT
- 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.
- The validity period of certification of exemption from a work permit is up to 2 years and coincides with the validity period of any case as prescribed by laws. If a certification of exemption from a work permit is re-issued, the corresponding validity period is up to 2 years.
- In the following cases, the employer is not required to apply for the certification of exemption but it must report authority of the province where the foreign worker is expected to work, at least 3 days before the foreign worker starts to work in Vietnam, on the following: full name, age, nationality, passport number, name of employer, starting date and completion date:
- Who is the chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value conformable with regulations of the Government;
- Who enters Vietnam for a period of less than 03 months to do marketing of a service;
- Foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers;
- Who gets married to a Vietnamese citizen and wishes to reside in Vietnam?
Required documents of application for exemption from work permits are original or certified true copies; 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.
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, using Form No. 10/PLI Appendix I hereto appended. If the application is rejected, a written explanation is required.
ABOUT VIVA BUSINESS CONSULTING
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Thanks for consistent of practice expertise in Business laws - Employment relations – Tax and accounting – Corporate finance – Corporate services, VIVA has been successfully providing service for thousands of leading companies from Japan, US, EU, Singapore, India, China, Korea…. in such industries: Garment, ennergy, pharma, advertising, agricultural…
VIVA keeps its service signature by offering one-stop business platform with exclusive and tailored-made services related to market entry and mandatory business compliances. We ensure for our client’s good standing, in lawful and optimal manners whenever they are working and doing business in Vietnam.
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