Legal Guide | Work permit exemption in Vietnam
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To obtain a Work Permit Exemption certificate, both foreign employers and employees are required to adhere to the application process outlined below and submit all necessary documents.
1. Process of obtaining a work permit in Vietnam
Work Permit Exemption Vietnam Process
- 2-4 weeks for applying for approval of the Company’s demand for foreign workers.
- 1-3 weeks for obtaining Approval.
- Applying for the Work Permit Exemption.
- Obtaining the Certificate of Work Permit Exemption.
- Submitting labor contract (if any).
2. Cases of Eligibility
Cases in which work permits are exempted in Viet Nam?
- Manager of a representative office, project or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.
- Foreign employees enter Vietnam for a period of less than 03 months to resolve a complicated technical or technological issue which:
- (i) affects or threatens to affect the business operation and
- (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
- Foreign employees enter Vietnam to work on projects using official development assistance (ODA).
- Foreign employees who are granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs or a teaching and research certificate by the Ministry of Education and Training.
- Intra-company transferees within one of the following services: Business, communication, construction, distribution, educational, financial, environmental, health, tourism, recreational and cultural, and transportation.
- Unpaid foreign workers who voluntarily work in Vietnam to implement an international treaty.
- 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 a facility established under an agreement to which Vietnam is a signatory.
- Foreign employees enter Vietnam to implement an international agreement to which a central or provincial authority is a signatory.
- 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 an apprentice on a Vietnam sea-going ship.
- Obtaining an official passport to work for a regulatory agency, political organization, or socio-political organization.
- Takes charge of establishing a commercial presence.
- Other cases as prescribed by international treaties to which the Socialist Republic of Vietnam is a contracting party.
3. Cases only requiring notification to the Labor Department:
- Entering Vietnam for a period of less than 03 months to conduct marketing services.
- Being a foreign lawyer with a lawyer’s practicing certificate in Vietnam.
- Being married to a Vietnamese citizen and wishing to reside in Vietnam.
- Having invested in a company in Vietnam (LLC/JSC) a capital contribution of at least 3 billion dongs.
- Enter Vietnam to hold the position of a manager, executive, expert, or technical worker for a period of work of less than 30 days and up to 3 times a year.
- Being a relative of a member of a foreign representative body in Vietnam.
4. Document preparation
4.1 Work permit exemption for Foreign employer
- Operation license of representative office/ERC/IRC.
- Current Company Charter and appendix (if any).
- All valid approval(s) for the job position using foreign workers of the Labor Department issued to the Company (if any).
- Documents proving the recruitment process (job announcements, job postings on the company’s mass media, posts through employment service organizations, etc.).
- Plan to train Vietnamese employee(s) to replace and transfer jobs of foreign employee(s) at the end of their working time at the Company (if any).
- Plans to use foreign employee(s) (if any).
1.2 Work permit exemption for Foreign employee
- Passport.
- Health Check in the country of residence or Vietnam issued within 12 months.
- Documents justifying the exemption from work permit.
- Depending on the working position:
- Executive: Documents proving he/she is the head or a person who directly administers affiliated entities of an agency, organization, or enterprise.
- Manager: Documents proving he/she is in charge of the management of an enterprise or the head or deputy head of an agency or organization.
- Expert: Having at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field corresponding with the job position. OR Having at least 05 years of experience and a practicing certificate correspondingly.
- Technical: Trained in a technical field or another major for at least 01 year and worked at least 03 years in his/her training field. OR Having at least 5 years of work experience in accordance with the position that the foreign worker is expected to work in Vietnam.
We trust that the insights provided by PLF Law Firm have equipped you with essential knowledge on the process of obtaining work permits for foreign nationals in line with Vietnam’s legal requirements.
If you require assistance in registering for a work permit, do not hesitate to contact PLF Law Firm – your premier work permit Vietnam agency, for professional and comprehensive assistance!
