Cases where work permits are not granted

by DangKhoi

So currently, the demand to go abroad for labor is increasing. Many people wonder why they are not eligible for a work permit. Let’s find out with LSX Law firm The cases where work permits are not granted in accordance with the current law!

Legal Ground

  • Labor Code 2019
  • Decree 152/2020/ND – CP

What is a work permit?

A work permit (work permit for foreigners working in Vietnam) is a type of document foreign workers get when they meet certain conditions under the provisions of law.

Cases where work permits are not granted

Foreign workers are not eligible for work permits in the following cases:

  • Owners or capital contributors of limited liability companies with capital contribution values ​​according to Government regulations.
  • The Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company has the value of capital contribution as prescribed by the Government.
  • Head of representative office, project or main responsibility for activities of international organizations, foreign non-governmental organizations in Vietnam.
  • Enter Vietnam with a term of less than 3 months to make a service offering.
  • Entering Vietnam for a period of less than 3 months to handle problems, technical situations, complicated technologies that affect or threaten to affect production and business that Vietnamese experts and experts in Vietnam have to deal with. Foreign countries currently in Vietnam cannot handle it.
  • Foreign lawyers who have a license to practice law in Vietnam in accordance with the Law on Lawyers.
  • The case according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
  • Foreigners who marry Vietnamese and live in Vietnamese territory.
  • Other cases as prescribed by the Government.

Other cases where work permits are not granted

Besides the cases specified in Clause 3; 4; 5; 6; 7 and 8 Article 154 of the Labor Code; Foreign workers are not subject to be granted work permits in cases According to Article 7 of Decree 152/2020/ND-CP:

  • Owner or capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more.
  • 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.
  • When Moving within the enterprise, within the scope of 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, include: business, information, construct, distribution, education, environment, finance, medican, travel, entertainment and transport.
  • When Entering Vietnam to provide professional and technical consulting services, or perform other tasks in service of research, construct, expertise, monitoring evaluation, program management and implementation, projects using official development assistance (ODA) as prescribed, or agreements in international treaties on ODA signed between competent authorities of Vietnam and foreign countries;
  • Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law.
  • When Sent by competent foreign organizations to Vietnam to teach; study at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.

Other cases where work permits are not granted

  • When Volunteering specified in Clause 2, Article 3 of this Decree.
  • Entering Vietnam to work as a manager; managing director; experts or technical workers with less than 30 days and no more than 03 times in 01 year.
  • When Entering Vietnam to implement international agreements that the agency, organizations at the central and provincial levels to sign in accordance with law.
  • Students studying at schools; overseas training institutions that have agreements on internships in agencies and organizations; enterprises in Vietnam; trainees and trainees on Vietnamese ships.
  • Relatives of members of foreign representative missions in Vietnam; specified at Point l, Clause 1, Article 2 of this Decree.
  • Have an official passport to work for a state agency; political organizations; social and political organizations.
  • Person responsible for establishing a commercial presence.
  • When Being certified by the Ministry of Education and Training as a foreign worker entering Vietnam to teach; research.

Finally, hope this article is useful for you to know more about: Cases where work permits are not granted. If you need any further information, please contact  LSX Law firm+84846175333 or Email: hoangson@lsx.vn

Frequently Asked Questions

So, How long is the term of a work permit?

The maximum term of a work permit is 2 years, you can extend it once for a maximum of another 2 years.

So, Which agency is competent to issue work permits?

So, According to current regulations, the authority to issue work permits for foreign workers in Vietnam belongs to the Department of Labor, War Invalids and Social Affairs, some cases belong to the Ministry of Labor, War Invalids and Social Affairs

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