Work Permit Exemption In Viet Nam In 2023

“Case in clauses 3, 4, 5, 6, 7 and 8 of Article 154 of the Labor Code:

3. Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

4. Enters Vietnam for a period of less than 03 months to do marketing of a service.

5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

8. Gets married to a Vietnamese citizen and wishes to reside in Vietnam.”

And

“1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.

2. He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong.

3. He/she is an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.

4. He/she enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management, and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.

5. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.

6. He/she is sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under the management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.

7. He/she is a volunteer as specified in clause 2 Article 3 of this Decree.

8. He/she enters Vietnam to hold the position of a manager, executive, expert, or technical worker for a period of work of fewer than 30 days and up to 3 times a year.

9. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law

10. He/she is a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.

11. He/she is a relative of a member of the foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.

12. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.

13. He/she takes charge of establishing a commercial presence.

14. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.”.

Application for certifying the work permit exemption is stimulated at Article 8.3 of Decree 152, including:

“a) An application form for certification of exemption from work permit No. 09/PLI ;

b) A health check;

c) An acceptance of demand for using foreign workers, unless it is not required;

d) A valid certified true copy of passport as per the law;

dd) Documents justifying that the foreign worker is exempt from work permit;

The company needs to submit for application for work permit exemption at least ten days before the foreigners start to work in their company.

Within five working days from the day the competent agency receives the dossier, they will issue the certificate of work permit exemption. If the application is rejected, they will have the written document with reasons.

Cases that the employers are not required to submit for work permit exemption in the competence agency, as follows:

Clause 4, 6, and 8 of Article 154 of the Labor Code.

“4. Enters Vietnam for a period of fewer than 03 months to do marketing of a service.

6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

8. Gets married to a Vietnamese citizen and wishes to reside in Vietnam.”

Clause 1, 2, 8, and 11 of Article 7 of Decree 125.

“1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dongs.

2. He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dongs.

8. He/she enters Vietnam to hold the position of a manager, executive, expert, or technical worker for a period of work of fewer than 30 days and up to 3 times a year.

11. He/she is a relative of a member of the foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.”

However, The company needs to report to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs with the information: full name, age, nationality, Passport No., name of employer, starting date and completion date for working, at least 03 days before the foreigners start to work in their company.

Work permit exemption is the certificate issued by the competent authority in special cases, and the company and foreigner need to obtain it before working in Viet Nam.

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