Confirming that foreigners are in the category not required to have Vietnam work permits.

Confirming that foreigners are in the category not required to have Vietnam work permits

1. The Department  of  Labor  is  the  agency  authorized  to  confirm  that  foreigners  are not  required  to have Vietnam work permits.

2. The employer requests  Department of Labor where foreigners are expected to work to confirm that foreigners are not  required  to have Vietnam work permits at least 07 working days prior to the date which the foreigners will begin working, except in the following cases:

a. Entering Vietnam for a period under three (3) months in order to offer services.
b. Entering Vietnam  for a period under three (3) months in order  to resolve an  incident  [breakdown] or technically  or  technologically complex  situation  arising  and affecting,  or  with  the  risk  of  affecting  production or business with which Vietnamese experts or  foreign experts  currently  in Vietnam are unable to deal.
c. Entering Vietnam working in professional positions of managers, executive directors or technicians for a period under 30 days and not more than 90 cumulative days in 01 years;

The duration for confirming that foreigners are in the category not required to have Vietnam work permits shall not exceed 02 years and in accordance with the duration of one of the following cases:

a. The duration of the labor contract is expected for signing;
b. The duration of which the foreign parties appoint the foreigner working in Vietnam;
c. The duration of contract or agreement signed between Vietnamese and foreign partners
d. The duration of contract or service agreement signed between the Vietnamese and foreign partners;
e. The duration mentioned in the document of the service providers who appoint foreigner entering Vietnam to negotiate in order to offering service;
f. The duration has been specified in the certificate of foreign non-governmental organizations, international organizations are allowed to operate under the provisions of the law of Vietnam;
g. The duration mentioned in documents of the service provider who appoint a foreigner entering Vietnam to establish the commercial presence of such service providers;
h. The duration mentioned in document proving that the foreign workers are engaged in activities of a foreign enterprise has established a commercial presence in Vietnam.

3. Application file for confirming that foreigners are in the category not required to have Vietnam work permits, including:

a. A written request for confirming that foreigners are in the category not required to have Vietnam work permits;
b. The extracted list of foreigners state that: full name; sex; citizenship; passport; start date and end date of employment; job position of foreigners;
c. The documents proving that foreigners are in the category not required to have Vietnam work permits;
d. The documents proving that foreigners are in the category not required to have Vietnam work permits are 01 copies together with the original for comparison or 01 authenticated copy, if the foreign documents are exempt from consular legalization, but must be translated into Vietnamese and certified under Vietnam law.

4. Within 03 working days from the date of receipt of application file for confirming that foreigners are in the category not required to have Vietnam work permits, the Department of Labor will send a written confirmation to the employer. If  there is no confirmation, the written document replies and clearly states the reasons.

Any information about confirming that foreigners are in the category not required to have Vietnam work permits, feel free to contact with us, Click here

Vietnam Law Firm