Cases of work permit exemption for foreigners working in Vietnam

Cases of work permit exemption for foreigners working in Vietnam

I. There are 14 cases of  work permit exemption for foreigners working in Vietnam under Decree No. 152/2020/ND-CP dated December 30th, 2020 (Decree 152):

1.Foreigners are the owner or a capital contribution member of a limited liability company where the value of the capital contribution is 3 billion Vietnam Dong or more

2.Foreigners being a shareholder being the chairman or a member of the board of management of a joint stock company where the value of the capital contribution is 3 billion Vietnam Dong or more

3.Foreigners entering Vietnam by way of an internal transfer to work for an enterprise operating one of the 11 services listed in the Schedule of Specific Commitments in Services under Vietnam’s accession to the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transport.

4.Foreigners enter Vietnam to provide expert and technical consultancy services or to carry out other tasks servicing the work of research, formulation, evaluation, monitoring and assessment, management and implementation of a program or project using official development aid (“ODA”) in accordance with an international treaty on ODA signed by the competent authorities of both Vietnam and another country;.

5.Foreigners issued with an operational licence in the information and press sector in Vietnam by the Ministry of Foreign Affairs in accordance with the law.

6.Foreigners appointed by a foreign agency or organisation to come to Vietnam to teach or to conduct research in an international school managed by a foreign diplomatic office or the United Nations, or an office or organisation established according to agreements executed or participated in by Vietnam;

7.A foreign volunteer entering Vietnam to perform work without any remuneration in accordance with international treaties of which Vietnam is a member and his/her entry being confirmed by a foreign diplomatic office or international organisation in Vietnam.

8.Foreigners enter Vietnam to work as a manager, managing director, expert or technician for a working period of less than 30 days not more than three times per year.

9.Foreigners  enter Vietnam to implement an international agreement signed by a central or provincial level  agency or organisation in accordance with the law;

10.A student currently studying at a school or training establishment overseas and who has an agreement for practical training at an agency, organisation or enterprise in Vietnam, or a student performing practical training on Vietnamese vessels.

11.Relations of members of a foreign representative agency in Vietnam who are permitted to work according to an international treaty of which Vietnam is a member.

12. Foreigners having a service passport working for a State agency, political organisation or socio-political organisations.

13. Foreigners in charge of setting up the commercial presence of an organisation in Vietnam.

14. Foreigners with confirmation by the Ministry of Education and Training that he/she is entering Vietnam for teaching or research.

II. There are other 6 cases of  work permit exemption for foreigners working in Vietnam under the Labor Code 2019.

3. Foreigner is the head of a representative office, project or the person in charge of the operation of an
international organizations or a foreign non-governmental organization in Vietnam.

4. Foreigner enters Vietnam for a period of less than 03 months to do marketing of a service.

5. Foreigner enters Vietnam for a period of less than 03 months to a resolve complicated technical or
technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

6.Foreigner is a foreign lawyer issued with a practicing certificate to practise law in Vietnam in accordance with the Law on Lawyers.

7.Other cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

8. Foreigner gets married with a Vietnamese citizen and wishes to reside in Vietnam.

II. Work permit exemption certificate for foreigners working in Vietnam

1. The Ministry of Labor - Invalids and Social Affairs of Vietnam or its local Department of Labor - Invalids and Social Affairs has the authority to issue work permit exemption certificate for foreigners working in Vietnam.

2. The employer requests the Ministry of Labor - Invalids and Social Affairs of Vietnam or the local Department of Labor - Invalids and Social Affairs where the foreigner working is expected to work in Vietnam to issue a work permit exemption certificate for foreigners working in Vietnam at least 10 days in advance from the date the foreigner starts working in Vietnam.

 Important note: In the case specified in Clauses 4, 6 and 8 of the Labor Code above and Clauses 1, 2, 8 and 11 of Decree 152 above, there is no need to carry out procedures to issue the work permit exemption certificate for foreigners working in Vietnam but it must report to the Ministry of Labor - Invalids and Social Affairs off Vietnam or the local Department of Labor - Invalids and Social Affairs where the foreigner working is expected to work with information: full name, age, nationality, number passport, name of foreign employer, start and end date of work at least 3 days before the date the foreigner is expected to start working in Vietnam.

The maximum time limit for certifying that a foreigners working in Vietnam is exempt from the work permit is 2 years and the duration of one of the cases specified in Article 10 of Decree 152. In case of re-issuance of the certification of the foreigners is exempt from the work permit, the maximum duration is 2 years.

LAWYER VIETNAM LAW FIRM- Vietnamese Lawyers