Subjects granted a work permit in Vietnam

BichNgoc January 17, 2022

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Legal grounds

Law on entry, exit, transit and residence of foreigners in Vietnam in 2019

Subjects granted a work permit in Vietnam

Currently, according to the provisions of Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for foreign organizations and individuals. In Vietnam; when working in Vietnam, managers, executives, experts and technical workers must carry out procedures to apply for a work permit, except for cases where foreign workers are not eligible. granting work permits specified in Article 7 of this Decree, as follows:

“1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.

2. So 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. <0}

3. So He/she is an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.

4. Then He/she enters Vietnam to provide professional and engineering consulting 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 agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.

In addition

5. So, He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.

6. So He/she is sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.

7. Then, He/she is a volunteer as specified in clause 2 Article 3 of this Decree.

8. So, He/she enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.

9. Then He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law

10. So, 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 a probationer or apprentice on a Vietnam sea-going ship.

11. Then He/she is a relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.

12. Then He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.

13. So He/she takes charge of establishing a commercial presence.

14. Then He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.”

In addition, Work permit exemption for foreign employees in Vietnam include:

Is the manager 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.
Enters Vietnam for a period of less than 03 months to do marketing of a service.
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 resolve by Vietnamese experts or any other foreign experts currently in Vietnam.
Foreign lawyer granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.
In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
Gets married with a Vietnamese citizen and wishes to reside in Vietnam.

Procedures of revocation of work permits of foreigners

Term of work permit in Vietnam

The term of a work permit granted according to the term of one of the following cases but must not exceed 02 years:

– The term of the labor contract expected sign.

– The duration of the foreign party sending foreign workers to work in Vietnam.

– Then, The duration of the contract or agreement signed between the Vietnamese and foreign partners.

– The duration of the contract or service provision agreement signed between the Vietnamese and foreign partners.

– Then The time limit stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision.

– So the term determined in the operation license of the agency, organization or enterprise.

– The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.

– Then, the time limit in the document proving that the foreign worker allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.

– The time limit in the written approval to employ foreign workers.

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