EXEMPT WORK PERMIT

A work permit is a legal document that ensures the conditions for a foreign work legally in Vietnam. The law stipulates several cases where work permits are exempted. So what is the procedure for exempting a work permit? What documents in needed? The following article AZLAW will answer these questions:

Procedures for applying for a work permit exemption

Subjects exempt from work permits:

As defined in Article 7, Decree 152/2020/ND-CP includes:

1. Being the head of a representative office or project or taking the primary responsibility for the system of international organizations or foreign non-governmental organizations in Vietnam.
2. Entering Vietnam for less than three months to make a service offering.
3. Entering Vietnam for less than three months to handle problems, complicated technical situations, and technologies that affect or threaten to affect production and business that Vietnamese experts and Foreign experts currently in Vietnam cannot solve.
4. Being a foreign lawyer who has been granted a license to practice law in Vietnam following the Law on Lawyers.
5. Cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
6. Foreigners marrying Vietnamese and living in Vietnamese territory.
7. Being the owner or capital contributor of a limited liability company with a capital contribution value of 3 billion VND or more.
8. Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.
9. Internal movement of enterprises within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment, and transport.
10. Entering Vietnam to provide professional and technical consulting services or perform other tasks in services of research, development, appraisal, monitoring, evaluation, management, and implementation of the program. Programs and projects using official development assistance (ODA) sources according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
11. To be granted a license to operate information and press by the Ministry of Foreign Affairs in Vietnam under law.
12. Being sent to Vietnam by a competent foreign agency or organization to teach or conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
13. Volunteers specified in Clause 2, Article 3 of Decree 152/2020/ND-CP
14. Entering Vietnam to work as a manager, executive director, expert, or technical worker with a working period of fewer than 30 days and no more than three times a year.
15. Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations under law.
16. Pupils and students studying at overseas schools and training institutions that have an internship agreement with agencies, organizations, and enterprises in Vietnam; trainees and trainees on Vietnamese ships.
17. Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of Decree 152/2020/ND-CP
18. Having an official passport to work for state agencies, political organizations, socio-political organizations.
19. Person responsible for establishing a commercial presence.
20. Being certified by the Ministry of Education and Training for foreign workers to enter Vietnam for teaching and research purposes.

You need to prepare the following documents:

• Certified copy of the company’s business registration
• Health certificate of employees
• Certified copy of the employee’s passport
• Proof of exemption from Work Permit

Procedure

Step 1: Apply for approval of the need to use foreign workers (unless exempted)

Step 2: Apply for a work permit exemption at a competent state agency:

Dossier for work permit exemption includes:

1) A written request to confirm that the foreign worker is not eligible for a work permit

2) Health certificate

3) Written approval of the need to employ foreign workers

4) Certified copy of passport

5) Documents to prove that the foreign worker is not eligible for a work permit;

Step 3: The state agency issues a certificate if the application fully meets the statutory conditions

Above is an overview of AZLAW’s work permit exemption procedure. If you have questions or need detailed advice, please don’t hesitate to contact us at Hotline: 0987.748.111 or email: info@azlaw.com.vn. With many years of experience in the work permits field, we are sure to provide the best quality service to you.