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.
Foreigners who get married to Vietnamese citizens are eligible to work in Vietnam with more rights and privileges:
EMPLOYMENT RIGHTS
Not subject to Work permits
According to the provisions of Clause 8, Article 154 of the Labor Code 2019, a foreigner married to a Vietnamese citizen and wishes to reside in Vietnam is eligible for work permit exemption
Not required to carry out procedures to confirm that foreign workers are not subject to work permits, nevertheless it is mandatory to report the usage of foreign labor
Although it is not required to carry out procedures to confirm that foreign worker is not subject to work permit, but it is compulsory to report to the Department of Labor – Invalids and Social Affairs where a foreign worker is expected to work the following information: full name, age, nationality, passport number, name of the employer, commence and end date to be reported 3 days prior from the date a foreign worker expected to be employed in Vietnam.
Acceptance of demand for foreign workers
According to the provisions of Article 4 Decree 152/2020, at least 30 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers to competent authorities to apply for a written approval letter of acceptance of foreign workers.
RESIDENCE RIGHTS
Granted a TT Visa or Visa exemption, granted a Temporary Residence Card based on marriage
- Visa and Temporary Residence Card based on marriage are categorized as TT symbol or type.
- The maximum duration of the TT Visa is 12 months.
- The Visa exemption period is 05 years.
- The duration of the TT Temporary Residence Card is 03 years.
- Required papers for granting a Temporary Residence Card include: Passports or international travel documents to be valid for at least 01 year; Papers proving marital relationship: marriage registration certificate/Certificate of family relations; Currently residing legally in Vietnam.
Read more work permit for expats in Vietnam
- Manage work permit for foreign investor, legal REP and chief REP in Vietnam
- Work permit in Vietnam – Acceptance of demand for foreign workers from local competent state agencies
- Work permit in Vietnam – Frequently asked questions
- Work permit in Vietnam – The conditions and required papers
- Work permit in Vietnam – Regulations and guidances
- Work permit in Vietnam – Notes on illegal applications
- Work permit exemption – revocation
- Work permit revocation
- Work permit exemption
- 20 cases exempt from work permits for foreign workers in Vietnam
Read more:
- Expats working in Vietnam – what you shall keep in mind
- Foreign managers and experts in Vietnam – manage the local required compliance procedures
- Investment visa in Vietnam – type and time limits
- Temporary residence card in Vietnam – what you need to know
- Expats in Vietnam – what you need to know
- Social insurance for foreigners in Vietnam – new regulations
- Electronic visas in Vietnam (E-visa)
- Evisa – new regulation on entry and exit for foreigners in Vietnam
- Chief of representative office or head of branch in Vietnam – role and responsibility
- Personal income tax for foreign employees: methods of declaration and payable amount
- Personal income tax 2023 for foreign investors – managers – experts in Vietnam
