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CASES OF WORK PERMIT EXEMPTION AND CONFIRMATION PROCEDURES
In Vietnam, a work permit is a mandatory condition for foreign nationals to work legally. However, the prevailing law also stipulates certain cases that are exempt from the work permit requirement. A clear understanding of which cases are exempt and what procedures must be followed is essential, particularly as many employees and enterprises still confuse the concept of being exempt from a work permit with not needing to perform any administrative procedures whatsoever.
Pursuant to Article 154 of the 2019 Vietnam Labor Code, there are a total of 20 categories of individuals exempt from the work permit requirement. This list includes various groups such as managers, experts, chief executive officers, intra-corporate transferees, teachers, researchers, investors, foreign lawyers licensed to practice in Vietnam, and members of international or non-governmental organizations. Furthermore, foreign nationals entering Vietnam for short-term work, such as for less than 30 days per entry and not exceeding three times per year, are also eligible for this exemption. These regulations aim to facilitate investment, research, and international cooperation activities while maintaining control over the domestic labor market.
The classification of individuals exempt from work permits can be approached from several perspectives. From the perspective of job position, this includes chief executive officers, capital-contributing members or owners of companies with a capital contribution value of VND 3 billion or more, or chiefs of representative offices of international organizations in Vietnam. From the perspective of work duration, foreign employees working for less than 30 days per entry and not exceeding a total of 90 days per year are also exempt. Additionally, there are exemptions based on the field of activity, such as diplomacy, education, international journalism, or research and humanitarian aid activities.
However, a significant new point introduced by Vietnam Decree No. 70/2023/NĐ-CP is that foreign nationals married to Vietnamese citizens and residing in Vietnam are no longer fully exempt from procedures as they were previously. Prior to this Decree, this group was exempt and not required to carry out the confirmation procedure. However, effective from September 18, 2023, under the amended regulations of Decree 70, they are now required to undergo the procedure to obtain confirmation of not being subject to the work permit requirement. This change indicates a tightening of administrative management over all cases of foreign labor, even those in categories that were seemingly "obviously" exempt.
In practice, not all individuals exempt from a work permit are entirely absolved of administrative obligations. Current Vietnamese law requires two different types of procedures for the work permit-exempt group: one is the confirmation of not being subject to the work permit requirement, and the other is the reporting on the employment of foreign workers not subject to the work permit requirement. Differentiating between these two procedures is crucial, as failure to comply correctly can lead to administrative violations, with serious penalties for both the enterprise and the employee.
For cases requiring confirmation, the enterprise or the employee must submit a dossier to apply for the confirmation of work permit exemption. This dossier includes basic documents such as a request for confirmation (using a prescribed form), a duly notarized copy of the passport, a valid health certificate, and documents evidencing that the employee falls under an exempt category. Documents issued abroad must be consularly legalized and accompanied by a notarized translation into Vietnamese. Once fully prepared, the dossier is submitted to the Department of Home Affairs where the enterprise is located, or it can be submitted online through the National Public Service Portal.
Meanwhile, for the group that does not require confirmation but must be reported, the enterprise is obligated to send a written report to the Department of Home Affairs at least three days prior to the foreign employee commencing work. Cases that only require reporting without confirmation include: employees working for less than 30 days per entry and not more than three times per year, individuals handling urgent technical incidents, business owners, members of the Board of Directors, holders of official passports, or family members of members of foreign diplomatic missions. This report must specify the employee's information, the reason for the exemption, and be accompanied by documents such as a copy of the passport and evidentiary materials.
The distinction between the confirmation and reporting procedures may seem minor, but it carries significant legal weight. Some enterprises mistakenly assume that if an employee is in an exempt category, no action is required, thereby neglecting both the confirmation and reporting obligations. This creates a substantial legal risk. In fact, many enterprises have been subject to administrative penalties simply for failing to comply with the correct procedure, even though their employees were eligible for work permit exemption.
Furthermore, in line with the digitalization of administrative procedures, the law also permits the online submission of dossiers for confirmation of work permit exemption via the National Public Service Portal. This helps enterprises and employees save time and costs and reduces risks arising from direct contact. However, as the dossier requirements remain quite detailed and necessitate the legalization and translation of numerous documents, the preparation process still demands a high degree of understanding and diligence.
From the analysis above, it is evident that being exempt from a work permit is not synonymous with being "exempt from procedures". Even familiar cases such as investors, international lecturers, or individuals married to Vietnamese citizens must comply with one of the two mandatory administrative mechanisms. Failure to understand and correctly implement these requirements can lead to heavy penalties for the enterprise, and the employee may face suspension of work or deportation. Therefore, a firm grasp of the regulations, a clear understanding of the difference between confirmation and reporting, and the correct and complete preparation of the required dossier are crucial factors for ensuring legal compliance.
In conclusion, Vietnam's policy on work permit exemptions is structured to facilitate business while not neglecting management. From the 20 legally defined exempt categories to the clear differentiation between confirmation and reporting procedures, and particularly the tightening of regulations under Vietnam Decree No. 70/2023/NĐ-CP, everything points to an increasingly professional and systematic legal framework. Enterprises and foreign employees must prepare meticulously, conduct careful research, and be ready to fully execute all administrative procedures to ensure lawful, stable, and long-term operations in Vietnam.
The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.
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