WORK PERMIT EXEMPTION

A work permit is a condition for foreign workers to work in Vietnam. However, not everyone needs a work permit that in some cases will be exempt. Who will be exempt from work permits? Procedures, how to solve the order? This article will answer your questions.

What is a work permit exemption?

Work permit exemption is the name for foreign workers who are not eligible for work permits but are still allowed to operate and work in Vietnam. These cases do not have to carry out the procedure for applying for a work permit but will have to carry out other procedures to confirm that they are not eligible for work permits.

Subjects exempt from work permits

Based on the Labor Code 2019 and the Government’s Decree No. 152/2020/ND-CP, there are three main groups of subjects exempt from work permits.

Firstly, the team working in Vietnamese enterprises:

• Being a contributing member or owner of a limited company;
• Being chairman of the Board of Directors or member of the Board of Directors of a joint stock company;
• Entering Vietnam for less than 03 months to make a service offering;
• Entering Vietnam for less than 03 months to handle incidents, technical situations, complex technologies affecting or risking affecting production and business that domestic and foreign experts currently in Vietnam cannot handle;
• Internal movement of enterprises in 11 service sectors: business, information, construction, distribution, education, environment, finance, health, tourism, entertainment culture and transport;
• Entering Vietnam to work as an expert, manager, executive or technical worker for less than 30 days and add up no more than 90 days per year;

Secondly, the working group at Vietnamese agencies and organizations:

• As head of representative office, project of international organizations, NON-governmental organizations in Vietnam
• A foreign lawyer who has been granted a license to practice law in Vietnam
• Subject to the provisions of the International Treaty to which Vietnam is a member
• EnterIng Vietnam to provide professional, technical or other consultancy services for research, construction, appraisal, evaluation monitoring, management and implementation of programs and projects using official development assistance (ODA)
• Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam
• Volunteers certified by foreign diplomatic representatives or international organizations in Vietnam
• Entering Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels
• Relatives of members of foreign representative agencies in Vietnam work after being licensed by the Ministry of Foreign Affairs, unless otherwise state treaties to which Vietnam is a member
• Having a official passport to work for State agencies, political organizations, socio-political organizations

Third, the research and training team.

• Being a student studying and working in Vietnam;
• To be sent to Vietnam by foreign agencies and organizations to teach and research at international schools or certified by the Ministry of Education and Training to teach and research at educational and training institutions in Vietnam;
• Students and students studying at foreign schools and training establishments have internship agreements in agencies, organizations and enterprises in Vietnam;
• Other cases.

Procedures for applying for work permit exemption

Step 1: Prepare the file

The dossier contains the following types of documents:

1. Written request for certification of foreign workers who are not eligible for work permits (Form No. 09/PLI Appendix I of Decree No. 152/2020/ND-CP)
2. Health certificate or medical examination certificate
3. Written approval of the need to employ foreign workers unless the need to employ foreign workers is not required.
4. Certified copies of passports are valid in accordance with law
5. Documents to prove that the foreign worker is not eligible for a work permit

Note: The above documents are 01 original or certified copy, if foreign, it must legalize consular, translate into Vietnamese and have attesting unless exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and other countries are related to them are members or according to the principle of yes. Yes or in accordance with the law.

Step 2: Apply

The employer requests the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work to certify that the foreign worker is not eligible for a work permit.

Step 3: Confirm the results

The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written certification that they are not eligible for work permits.

In case of non-confirmation, there is a written reply and clearly state the reason.

* The maximum duration of work permit exemption is 2 years

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