Recruitment Foreign Labor Married With Vietnamese
Dear DB Legal We are the Foreign Language Center, and we want to employ one foreigner who has married Vietnamese and has a marriage registration certificate. Please guide us in obtaining the permit or work permit exemption for him. Thank you.
Answer: Thank you for giving us your questions. We answer as follows:
1) Determine the need to employ foreign workers:
According to Article 2. 1 Decree No. 70/2023/ND-CP dated September 18, 2023 on amending and supplementing a number of articles of Decree No. 152/2020/ND-CP dated December 30, 2020 regulating foreign workers in Vietnam recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam (“Decree 70”):
“b) In the case of foreign workers specified in Clauses 3, 4, 5, 6, and 8, Article 154 of the Labor
Code and Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14, Article 7 of this Decree, the employer is not
required to determine the need to employ foreign workers.”
According to Article 8. 154 of the Labor Code regarding Work permit exemption for foreign employees in Vietnam:
A foreign employee is not required to have a work permit if he/she:
“8. Gets married to a Vietnamese citizen and is residing in Vietnam.”
Therefore, based on the above regulations, your company is not required to submit a Report to explain the need to employ foreign workers.
2) Work Permit Exemption:
According to Article 13. 2(b) of Decree No. 70: “b/ To replace the phrase "Clauses 4, 6 and 8 of Article 154" with the phrase "Clauses 4 and 6 of Article 154 and the phrase "3 days" with the phrase "3 working days" in Clause 2, Article 8.
According to Article 8.2 of Decree 152:
“…..For any of the circumstances in clauses 4, 6, and 8 Article 154 of the Labor Code and clauses 1, 2, 8, and 11 Article 7 of this Decree, 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 three days before 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.”
According to Decree 70, companies/organizations must submit the work permit exemption application for foreign individuals married to Vietnamese nationals (having the marriage registration certificate).
3) Required documents in an application for exemption from work permit:
b) A health check.
c) A valid certified true copy of passport (be certified by the Employers or in the competent agency);
d) Documents justifying that the foreign worker is exempt from work permit;
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