Cases in which foreigners are exempt from work permits in Vietnam. Procedures for applying for a work permit exemption. Let us learn about this topic with LSX Law firm below:
Cases in which foreigners are exempt from work permits in Vietnam
Normally, foreigners working in Vietnam need to apply for a work permits, except forCases in which foreigners are exempt from work permits in Vietnam:
Firstly, moving within the enterprise; within the scope of 11 service industries in Vietnam’s service commitment schedule, with the World Trade Organization;
Secondly, in cases foreigners entering Vietnam to provide professional and technical consulting services; or perform other tasks in favor of the research, development, appraisal, monitoring; and evaluation, management, and implementation of programs and projects using official development assistance (ODA) sources according to regulations; or agreements in international treaties on ODA, signed between competent authorities of Vietnam and foreign countries.
Thirdly, the Ministry of Foreign Affairs licensed to operate information and press in Vietnam under the law.
Moreover, foreign agencies and organizations sent to Vietnam to teach and conduct research at international schools;
In addition, volunteers certified by foreign diplomatic missions or international organizations in Vietnam.
Furthermore, entering Vietnam to work as an expert, manager, executive director; or technical worker with a working period of fewer than 30 days and the cumulative time not exceeding 90 days in a year.
Additionally, enter Vietnam to implement international agreements signed by central and provincial agencies and organizations under law.
Also, pupils and students studying overseas and training institutions have agreements on internships in agencies, organizations, and enterprises in Vietnam.
Or relatives of members of foreign representative missions in Vietnam; working after licensed by the Ministry of Foreign Affairs, except in the case of international treaties. The Socialist Republic of Vietnam has other regulations as a member.
Finally, having an official passport to work for state agencies, political organizations, socio-political organizations.
The Prime Minister decides other cases at the proposal of the Ministry of Labor, War Invalids, and Social Affairs.
Term of the certificate of exemption from work permits in Vietnam
Unlike work permits with multiple terms, the term of the certificate of exemption from the work permit is fixed for 2 years. Employees will not be able to apply for a period higher than 2 years after each application for a certificate of exemption from a work permits.
Procedures for applying for work permits exemption in Vietnam
Step 1: Prepare documents exempted from work permits in Vietnam
Documents for exemption from work permits in Vietnam include:
Firstly, a written request for certification of foreign workers who are exempt from work permits.
Secondly, the list of foreign workers with the following contents:
- First and last name
- Age
- Sex
- Nationality
- Identity card
- Registration book
- Job position
- Start date and previous business day.
Moreover, documents for exempt from work permits in Vietnam proving that the employee is not required to apply for work permits. For example Investment certificate, business registration certificate; operation certificate of a representative office or branch of a foreign trader in Vietnam.
Finally, documents for exempt from work permits in Vietnam proving that the employee is not required to apply for a work permit provide 1 original; 1 notarized copy, and a photocopy for comparison. Exempt from consular legalization with foreign versions; but must be translated into Vietnamese and authenticated according to the provisions of Vietnamese law.
Step 2: Submit your application exempt from work permits in Vietnam
Individuals and organizations submit directly or by post to the Department of Labor, War Invalids, and Social Affairs in the localities that are competent to handle requests for confirmation that foreigners are not eligible for work permits.
Notably: According to regulations, the employer must submit an application to confirm that the foreign worker is not eligible for a work permit at least 07 working days in advance; from the date the foreign worker starts working. Within 03 working days from the day the complete application is received, the Department of Labor, War Invalids, and Social Affairs shall send a written confirmation to the employer. In case of refusal, the Department will reply in writing and clearly state the reason.
Finally, hope this article about Cases in which foreigners are exempt from work permits in Vietnam is helpful for you!
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Related questions
Revocation of a work permit is necessary when a worker is not eligible to continue working in Vietnam or the issued work permit is no longer valid.
The place to apply is the Ministry of Labor, War Invalids, and Social Affairs; or the People’s Committee of the province or centrally run city where the foreigner will work.
Conclusion: So the above is Cases in which foreigners are exempt from work permits in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
