Procedures for confirmation of exemption from a Work Permit

Vietnam is considered as a potential job market for foreign workers. To work legally in Vietnam, the law requires that foreign workers shall have a Work Permit. However, this regulation does not apply to all foreign workers in Vietnam because in some cases and fields, foreigners working in Vietnam are not required to have work permits, which are cases of exemption from work permits.

Cases in which foreign workers are not subject to a work permit

Exemption from work permits are cases in which foreign workers working in Vietnam are not required to carry out procedures for work permit issuance, typically in the following cases:

Being the owner or capital-contributing member of company limited with a capital contribution value of 3 billion VND or more.
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 3 billion VND or more.
Moving in the internal enterprise 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 transportation.
Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, establishment, appraisal, monitoring and evaluation, management and implementation of the program, and the project using official development assistance (ODA) in accordance with regulations or agreements in international treaties on ODA signed between the competent authority of Vietnam and foreign countries.
Entering Vietnam to work as a manager, executive director, expert, or technical worker for less than 30 days and no more than 3 times per year.
Head of a representative office, project, or person who is mainly responsible for activities of international organizations, foreign non-governmental organizations in Vietnam.
Entering Vietnam with a term of less than 3 months to offer services.
Entering Vietnam for less than 3 months to handle incidents, technical situations, complicated technologies that affect or have the risk of affecting production, and business which Vietnamese experts and the foreign experts currently in Vietnam can not handle.
Being a foreign lawyer who has been issued a legal practicing certificate in Vietnam in accordance with the provision of law on Lawyer.

And some other cases, however, the enterprise does not decide on its own whether the foreign worker is subject to a work permit. The determination of any worker who is not subject to a work permit shall be based on the decision of the competent authority, especially the Department of Labor – War Invalids and Social Affairs where the employee expects to work.

Procedures for confirmation of exemption from a Work Permit

Process

Detailled description

Step 1

Apply for Approval of Demand for Using foreign workers

At least 15 days before the date foreigners are expected to start his/her work in Vietnam, enterprises shall prepare a dossier for the Ministry of Labor, War Invalids and Social Affairs, or the provincial People’s Committee to consider the labor demand of enterprise.

In case of agreement, within 10 working days from the date of submission of a complete dossier explaining the demand for using employee, the enterprise will receive written approval. In case of refusal, the competent authority shall also give a written reply specifying the reason for refusal.

Please kindly notice that not all foreign workers who are not subject to a work permit shall perform this Step 1. However, there are some objects are exempted from implementation.

Step 2

Apply for confirmation that foreign workers are not subject to work permit

After receiving the written approval of employment in Step 1, the enterprise shall prepare dossiers to submit to the competent authority, this dossier shall be submitted at least 10 days before the date the foreign worker starts his/her work. Within 05 working days, the enterprise will receive written confirmation of exemption from “work permit” for foreign workers. In case of refusal, the enterprise shall receive a written reply with specific reasons.

LIST OF DOCUMENTS

Written request to confirm that foreign workers are not subject to a work permit;
Health certificate or medical examination certificate according to regulations;
Written approval of the demand for using foreign workers if it is required to determine the demand for using foreign workers;
Certified copy of passport or copy of passport with confirmation from the employer is still valid as prescribed by law;
Documents proving that foreign workers are not subject to a work permit.

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FAQ QUESTIONS: Procedures for confirmation of exemption from a Work Permit

What are the cases that foreign workers are not subject to a work permit?

In addition to cases prescribed in Clauses 3, 4, 5, 6, 7, 8, Article 154 of the Labour Code, foreign investors are not subject to a work permit:

Being the owner or capital-contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
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 3 billion VND or more.
Moving in the internal enterprise 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 transportation.
Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, establishment, appraisal, monitoring and evaluation, management and implementation of the program, and the project using official development assistance (ODA) in accordance with regulations or agreements in international treaties on ODA signed between the competent authority of Vietnam and foreign countries.
Being licensed by the Ministry of Foreign Affairs for communication and journalism activities in Vietnam in accordance with the provisions of law.
Being sent to Vietnam by a foreign competent agency or organization to teach or work as a manager or executive director at an educational institution which is established in Vietnam by foreign diplomatic representative agency or intergovernmental organization’s proposal; facilities and organizations established under international treaties that Vietnam has signed and participated in.
Being a volunteer prescribed in Clause 2, Article 3 of this Decree.
Entering Vietnam to work as a manager, executive director, expert, or technical worker for less than 30 days and no more than 3 times per year participated in.
And some other special cases

How long is the document confirming work permit exemption valid?

The maximum term for confirming that a foreign worker is not subject to a work permit is 02 years and according to the term of one of the cases specified in Article 10 of this Decree. In case of re-issuance of confirmation that foreign workers are not subject to a work permit, the maximum term is 02 years.

Will enterprises that employ workers without applying for confirmation of work permit exemption be fined?

According to Point a, Clause 3, Clause 4 and Clause 5, Article 32 of Decree 12/2022/ND-CP, enterprises that employ workers without applying for confirmation of work permit exemption will be fined from 15,000,000 VND to 25,000,000 VND.

Are company’s members exempted from work permits?

A company member is exempt from a work permit if that member is the owner or capital-contributing member of a limited liability company. In a joint stock company, the member is the Chairman of the Board of Directors or a member of the Board of Directors.

Which agency handles applications for confirmation of work permit exemption?

The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs has the authority to confirm that foreign workers are not subject to work permits.