A Work permit is one of the conditions for foreigners to legally work in Vietnam. However, there are some instances in which foreign workers are eligible for a work permit exemption.
As we all know, foreigners desiring to work in Vietnam must obtain a work permit from a competent authority. However, the law stipulates that some foreign workers may be eligible for a work permit exemption which allows foreign workers to legally work in Vietnam without a work permit. This presents two questions:
1. Which foreign workers meet the eligibility requirements for a such an exemption?
2. What should employers look out for?
FOREIGN WORKERS ELIGIBLE FOR A WORK PERMIT EXEMPTION
1. Foreign employees defined in Clauses 3, 4, 5, 6, 7 and 8, Article 154 of the Labor Code 2019, include
- Managers of representative offices, projects, or persons in charge of an operation within an international organization or a foreign non-governmental organization (NGO) in Vietnam.
- Foreign workers having entered Vietnam for a period of less than three (3) months for marketing purposes.
- Foreign workers having entered Vietnam for a period of less than three (3) months to a resolve complicated technical or technological issues which (i) affect or threatens to adversely affect business operations and (ii) cannot be resolved by Vietnamese experts or any other foreign experts presently in Vietnam.
- Foreign lawyers who have been granted a Vietnam lawyer’s practicing certificate in accordance with the Law on Lawyers.
- Foreigners specified in international treaties to which the Socialist Republic of Vietnam is a signatory.
- Foreigners married to Vietnamese citizens with a desire to reside in Vietnam.
2. Other instances in which foreign workers are eligible for a work permit exemption include
- He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3-billion dong.
- He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3-billion dong.
- He/she is an intra-company transferee within 11-sectors in the schedule of commitments in services between Vietnam and the WTO, including the service areas of: business, communication, construction, distribution, education, environment, finance, health, tourism, culture & recreation, and transportation.
- He/she enters Vietnam to provide professional and engineering consultation services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management, and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreements in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.
- He/she is granted a Vietnam communication and journalism practicing certification by the Ministry of Foreign Affairs, as per the law.
- He/she is 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 of an entity established under an agreement to which Vietnam is a signatory.
- He/she is a volunteer as specified in clause 2 Article 3 of Decree 152/2020/ND-CP.
A volunteer, specifically, is an unpaid foreign worker voluntarily working in Vietnam to implement an international treaty to which the Socialist Republic of Vietnam is a signatory with certification of a foreign diplomatic mission or international organization in Vietnam.
- He/she enters Vietnam to hold the position of a manager, executive, expert, or technical worker for a period of work of no more than 30-days and up to 3-times a year.
- He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law.
- He/she is a student studying at a foreign school or training institution which has a probation agreement with an agency, organization, or enterprise in Vietnam; or as an apprentice on a Vietnam sea-going ship.
- He/she is a relative of a member of a foreign representative body in Vietnam as specified in point l clause 1 Article 2 of Decree 152/2020/ND-CP.
Accompanying members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.
- He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.
- He/she is in charge of establishing a commercial presence.
- He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for the purpose of teaching and research.
Not being subject to the work permit requirement DOES NOT mean that foreign workers are free to work in Vietnam without any legalities. Employers employing foreign workers must request certification that the foreign worker is exempt from or does not require a work permit. The goal is for the responsible authority to understand and perform the state management responsibilities. Please describe the foreign worker’s situation to ensure a thorough and accurate dossier may be prepared.