30 Jun EXPATS IN VIETNAM – WORK PERMIT EXEMPTION
According to local regulations, most of foreigners working in Vietnam from three months and more are required for Vietnam work permit and labor visa or business visa. Most of the cases, a foreigner who works in Vietnam without the work permit is illegal, and the signed labor contract shall be wholly invalid… Here are things you shall keep in mind to avoid and prevent any violation with local regulations in advance.
1. WHO IS REQUIRED TO OBTAIN A VIETNAM WORK PERMIT?
- Foreign employee shall produce his/her work permit when carrying out immigration procedures and upon request of a competent state agency.
- Any foreign citizen working in Vietnam without a work permit shall be deported from Vietnam according to the Government’s regulations.
- Any employer employing foreign citizens without work permits shall be handled in accordance with the law.
2. TYPICAL CASES OF VIETNAM WORK PERMIT EXEMPTION
- Capital-contributing members or owners of limited liability companies.
- Members of the Board of Directors of joint-stock companies.
- Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam.
- Those who stay in Vietnam for under 3 months to offer services for sale.
- The workers that are reassigned within the enterprises engaged in within 11 service industries in the commitment on services between Vietnam and WTO, including business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment, and transportation.
- The workers enter Vietnam to technical advisory services or perform other tasks serving the research, development, appraisal, assessment, management.
- The workers are teachers of foreign organizations that are sent to Vietnam by such organizations to teach in international schools under the management of foreign diplomatic missions or international organizations in Vietnam.
- The workers are volunteers.
- The workers hold master’s degrees or higher and provide consultancy, teach or conduct scientific research at institutions of higher education or vocational colleges within 30 days.
- The foreign workers enter Vietnam to implement international agreements to which central state agencies, local state agencies, and central socio-political organizations are signatories.
3. THE CASES IN WHICH THE VIETNAM WORK PERMIT IS REVOKED
- The contents of the application for the issuance or re-issuance of the work permit is found bogus;
- The work permit expires;
- The foreign worker or employer fails to comply with the work permit issued;
- The labor contract is terminated;
- The labor contract contents are not consistent with the contents of the work permit issued;
- The contract or agreement in Vietnam is expired or terminated;
- The foreign partner makes a written notification that the foreign worker is no longer on assignment in Vietnam;
- The employer shuts down;
- A competent authority makes a written request for the revocation of the work permit due to the violations against Vietnam’s law committed by the foreign worker.
Foreigner and their employer should consult their local consultant to map out required tasks for the foreign worker such as personal income tax declaration, Temporary Resident Card TRC, work permit, Visa,… in order to avoid unnecessary fines from the authority in the long and short term.
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