HOW TO OBTAIN VIETNAM WORK PERMIT EXEMPTION

Normally, all foreigners looking to perform work in Vietnam are required to obtain a work permit. The foreign workers are allowed to work legally in Vietnam during the period for which the work permit is valid. However, there are a number of exemptions from the work permit requirement depending on your work in Vietnam. If you are in one of these cases, you need to have a certificate explaining that you are not required a work permit to apply for Vietnam Work Permit Exemption. Instead of applying for work permits, foreigners in the exemption cases must submit their application dossier to the Department of Labor, Invalid and Social Affairs of the province or city where they are employed for certification. The new procedures must be completed seven working days prior to the commencement of the foreign worker’s work

WHAT WILL GO WRONG?

The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND 5 million to VND 10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.

If employers employ any foreigner without a work permit, with an outdated one, or without confirmation issued by the competent authority of work permit exemption, the employers will be subject to penalty ranges as follows:

• VND30 million to VND45 million for up to 10 foreign workers
• VND45 million to VND60 million for 11 to 20 foreign workers
• VND60 million to VND 75 million for over 21 workers.

Employers could also be suspended from operating for up to three months if the violation is serious enough.

WORK PERMIT – EXEMPTED CASES FOR FOREIGNERS

Foreigners enter Vietnam to work are required a work permit, except these following cases:

1. Foreigners work in Vietnam shorter than 03 months;
2. Foreigners are the members of a limited liability company with two members or more;
3. Foreigner who owned a limited liability company with a member (except an authorized representative);
4. Foreigners who are the Board of Directors members of the joint-stock company;
5. Foreign workers entering Viet Nam to provide services;
6. Foreigners enter Vietnam for 03 months to handle emergency problems such as incidents, technical situations, arising complex technologies that affect or likely to affect production, business that Vietnamese experts or foreign experts currently in Vietnam cannot handle. If the time for the said matters is more than 03 months, they have to apply for a work permit.

Other exceptions, including

1. Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Vietnam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education, environment, finance, healthcare, tourism, cultural entertainment and transport;
2. Foreign workers enter Viet Nam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Viet Nam and other countries;
3. Foreign workers who are issued with a license for the practice of journalism in Viet Nam by the Ministry of Foreign Affairs in accordance with the law;
4. Foreign workers who are teachers of foreign organizations that are sent to Viet Nam by such organizations to teach and research in international schools under the management of foreign diplomatic missions or international organizations in Viet Nam or permitted by the Ministry of Education and Training to teach and research in Viet Nam’s education and training institutions;
5. Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam;
6. Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees within a period of less than 30 days and no more than 90 cumulative days in 01 years;
7. Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories as prescribed by the law;
8. Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam;
9. Family members of diplomatic agents of foreign diplomatic missions in Viet Nam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Viet Nam is a signatory that contains provisions different from this;
10. Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations;
11. Other cases decided by the Prime Minister at the proposal of the Ministry of Labor - Invalids and Social Affairs.

PROOF OF WORK PERMIT EXEMPTION

1. Foreign workers transfered within an enterprise must provide an appointment letter of the foreign enterprise assigning the worker to work in the commercial presence of the foreign enterprise within the territory of Viet Nam. A proof of employment for the enterprise for at least 12 months prior to working in Viet Nam is also needed;
2. Foreign workers whose performances are any of the following types of contract, namely economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational training or medical health contracts, must provide a contract or agreement between Vietnamese and foreign partners. An agreement on the foreign worker working in Viet Nam is also needed;
3. Foreign workers providing services under contract must provide a service contract between Vietnamese and foreign partners and a proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 02 years;
4. Foreign workers offering services must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision;
5. Foreign workers working for a foreign non-governmental organization which is permitted to operate pursuant to the law of Viet Nam, must provide a certificate of the foreign non-governmental organization and international organization permitted to operate in accordance with Viet Nam law;
6. Foreign workers responsible for establishing commercial presence must provide a written appointment letter of the service provider assigning the foreign worker in Viet Nam to establish a commercial presence of the service provider;
7. Foreign workers whose job titles are Manager, Executive Director, Expert or Technical engaging in activities of the foreign enterprise, which have established a commercial presence in Viet Nam, must provide proof that the foreign worker has engaged in activities of the foreign enterprise.

REQUIRED DOCUMENTS FOR VIETNAM WORK PERMIT EXEMPTION 

Instead of applying for work permits, foreigners in the above cases must submit their application dossier to the Department of Labor, Invalid and Social Affairs of the province or city where they are employed for certification. The new procedures must be completed seven working days prior to the commencement of the foreign worker’s work:

1. Request for exemption from work permits;
2. Profile of the foreign worker comprising full name, age, gender, nationality, passport number, start date and end date of employment, job placement of the foreign worker;
3. Proof of eligibility for work permit exemption include 01 photocopy to be collated with the original or 01 certified copy. Foreign documents are exempt from consularization, but must be translated into Vietnamese and certified in accordance with regulations of Viet Nam;
4. Documents related to the foreign enterprises such as investment license, business registration certificate, establishment licenses (for headquarters or branches);
5. Notarized true copy of the passport;
6. The processing time is from 7 to 10 working days.

For further information please contact:
Discovery Indochina Travel Co., Ltd
5th Floor | Avenis Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359  Mobile: 0938228856 | 0906640505

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