“Labor legislation stipulates cases in which foreign employees need not apply for work permit; one of which is those who are reassigned within an enterprise operating in 11 service sectors under Viet Nam’s service commitments to the World Trade Organization (WTO).“
Accordingly, the scope of 11 service sectors in Viet Nam’s service commitments to WTO includes:
The basics used to determine foreign employees that are reassigned within an enterprise operating in the abovementioned service sectors consist of:
According to provisions of law, a commercial presence of a foreign enterprise in Viet Nam includes the forms of business cooperation contracts, joint ventures, wholly foreign-invested enterprises, representative offices, and branches of foreign enterprises.
The documentation needed to prove that a foreign employee falls into the case of being reassigned within a company and is, therefore, exempt from applying for work permit includes:
The aforementioned documentation shall, if written in foreign languages, be exempt from consular legalization but must be translated into Vietnamese and authenticated in accordance with the provisions of Vietnamese law.