Recruitment Foreign Labor Married With Vietnamese

Answer: Thank you for giving us your questions. We answer as follows:

1) Determine the need to employ foreign workers:

According to Point 2 Article 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 Point 8 Article 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 Point 13. (b) Article 1 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:

a) An application form  (No 11/PL1);

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 (Marriage Certificate and Resident certificate);

This Advice includes information obtained or derived from a variety of publicly available sources. DB Legal has not sought to establish the reliability of these sources or verified such information. The information contained in this Advice is of a general nature only. It is not meant to be comprehensive and does not provide professional Advice. You should not act upon the information contained in this Advice without obtaining specific professional Advice. Whilst every care has been taken in preparing this document, DB Legal makes no guarantee, representation or warranty (expressed or implied) as to its accuracy or completeness, and under no circumstances will DB Legal be liable for any loss caused by reliance on any opinion or statement made in this document. Except as specifically indicated, the expressions or opinions are those of DB Legal only and are subject to change without notice. This document shall not be copied, reproduced, transmitted or further distributed by any recipient. The materials contained in this document were assembled in June 2023 and were based on the laws enforceable and information available at the time.

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