Without having work permit, a foreigner can work in Vietnam when he/she holds work permit exemption certificate. How to get it?
Vietnam work permit is a legal document which authorizes its holders to engage in employment and receive compensation from a company in Vietnam that foreigners who want to work in Vietnam need to have. Not everyone knows about this case so we will supply you with information about how to get and where to obtain for this certification in this article.
Vietnam work permit exemption certificate is equivalent to the work permit. It has a validity of up to 2 years and serves as basic to apply for a temporary residence card as well.
Who are eligible to get Vietnam Work Permit Exemption?
According to Article 7 Decree No.11/2016/ND-CP and Clauses 1, 2, 3, 4, 5, 6, 7 and 8 of Article 172 Labor Code No.10/2012/QH13, the foreigners may be eligible to get work permit exemption in Vietnam if they are included in 1 of those scenarios listed below:
1. Capital-contributing members or owners of limited liability companies.
2. Members of the Board of Directors of joint-stock companies.
3. Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam.
4. Those who stay in Vietnam for under 3 months to offer services for sale.
5. Those who stay in Vietnam for under 3 months to deal with complicated technical or technological problems that adversely impact or are at risk of exerting adverse impacts on production and business activities and these problems cannot be handled by Vietnamese and foreign experts who are currently in Vietnam.
6. Foreign lawyers possessing a professional practice license in Vietnam in accordance with the Law on Lawyers.
7. It is in accordance with a treaty to which Vietnam is a contracting party.
8. Those who are studying and working in Vietnam, provided that the employer shall notify their employment to the provincial-level state management agency of labor 7 days in advance.
9. Other cases as stipulated by the Government
10. Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Viet Nam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education, environment, finance, healthcare, tourism, cultural entertainment and transport;
11. Foreign workers entering 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;
12. 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;
13. 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;
14. Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam;
15. Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees with a period of less than 30 days and no more than 90 cumulative days in 01 years;
16. Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories as prescribed by the law;
17. Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam;
18. 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;
19. Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations;
20. Other cases decided by the Prime Minister at the proposal of the Ministry of Labor – Invalids and Social Affairs.
If you meet any demand of the scenarios, you are eligible for work permit exemption. You shall need to obtain a work permit exemption certificate to legally work in Vietnam.
Where can foreigners obtain for Vietnam work permit exemption?
Departments of Labor – Invalids and Social Affairs shall be authorized to certify foreign workers exempt from work permits, according to Clause 1 of Article 8 Decree No.11/2016/ND-CP.
How can foreigners get Vietnam work permit exemption certificate in Vietnam?
Pursuant to Clause 2 of Article 8 Decree No.11/2016/ND-CP, “the employer can request the Department of Labor – Invalids and Social Affairs, where the foreign worker is expected to work, to certify that the foreign worker is exempt from work permit at least 07 working days before the date the employee starts working, except for cases provided in Clause 4 and Clause 5 of Article 172 of the Labor Code and Point e, Clause 2 of Article 7 of this Decree”.
Below are 4 steps of the process to get a Vietnam work permit exemption certificate that foreign employers need to follow:
Step 1: Before applying for Vietnam work permit exemption certification, the employers need to prepare needed documents listed below:
A request for confirming the foreign employee is eligible for work permit exemption (Form 10 issued together with the Circular No. 03/2014/TT-BLĐTBXH);
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;
Proof of eligibility for work permit exemption
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.
Step 2: After completing the documents mentioned above, the foreign employers shall submit the documents to the Department of Labor, War Invalids and Social Affairs in the province where the foreigner is expected to work.
Step 3. After submitting documents, the Department of Labor, War Invalids and Social Affairs shall check the documents and receive them in case they are full and valid, or request to add otherwise.
Step 4: Within 03 working days from the date of receipt of a full application for Vietnam work permit exemption, the Department of Labor – Invalids and Social Affairs will confirm a work permit exemption and send a written confirmation of work permit exemption to the employer. In case work permit exemption is not granted and the employee is ineligible, a document clearly stating the reasons must be issued in Form No. 11 issued together with the Circular No. 03/2014/TT-BLĐTBXH).
So what happens if the foreign employees are not eligible to obtain for Vietnam work permit exemption certification? They will need to apply for Vietnam work permit as normal to work legally in Vietnam.
>>> See more about Vietnam Work Permit.
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