Do foreigners need a work permit in Vietnam?

by DungTran

“A foreigner contributed capital with us to establish a limited liability company in Vietnam. Do foreigners need a work permit in Vietnam? ” Let us learn about this topic with LSX law firm as follow:

Do foreigners need a work permit in Vietnam?

Vietnam is one of the countries that has been implementing many policies to call for foreigners to invest and work in Vietnam. However, foreigners want to work in Vietnam and have total civil act capacity, having professional qualifications; Foreigners must have a work permit issued by a competent state agency, except in some instances.

Employees who are foreign citizens must present a work permit when completing exit procedures; enter the country and present it at the request of a competent state agency. Foreign nationals who come to work in Vietnam without a work permit; will be expelled from the Vietnamese territory according to the Government’s regulations. 

However, foreign workers do not need a work permit in many cases; as specified in Clause 1,2 Article 7 of Decree 11/2016/ND-CP.

Cases foreigners do not need a work permit in Vietnam

Cases specified in Clause 1, Article 7 of Decree 11/2016/ND-CP

Firstly, being a capital contributor or owner of a limited liability company.

Secondly, is a member of the Board of Directors of a joint-stock company.

Thirdly, he/she is the head of the representative office and project of international organizations and non-governmental organizations in Vietnam.

Fourthly, entered Vietnam with a term of fewer than 3 months to make a service offering.

Moreover, entering Vietnam with a term of fewer than 3 months to handle complicated technical; and technological problems, situations affecting or potentially affecting production; and business that Vietnamese experts and foreign experts currently in Vietnam can’t take it.

In addition, a foreign lawyer has a license to practice law in Vietnam under the Law on Lawyers.

Furthermore, according to the provisions of international treaties, the Socialist Republic of Vietnam is a contracting party.

Besides, as students, students studying in Vietnam to work in Vietnam; but the employer must notify 07 days in advance to the provincial state management agency in charge of labor.

Cases specified in Clause 2, Article 7 of Decree 11/2016/ND-CP

In some other cases, foreign workers are still not eligible for work permits as specified in Clause 2; Article 7 of this Decree as follows:

Firstly, enter Vietnam to provide professional and technical consulting services; or perform other tasks in favor of the research, development, appraisal, monitoring, evaluation, management, and implementation of the program; projects using official development assistance (ODA) according to regulations; or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies;

Secondly, to have a license to operate information; and press activities by the Ministry of Foreign Affairs in Vietnam under the law;

In addition, foreign agencies and organizations sent to Vietnam to teach; study at international schools under the management of foreign diplomatic missions; or international organizations in Vietnam or certified by the Ministry of Education; and Training to teach and research at educational and training institutions in Vietnam;…

However, when they are not subject to work permits, they are not automatically exempt from work permits. Still, employees must be certified by the Department of Labor, War Invalids, and Social Affairs. Specifically, the employer requests the Department of Labor; War Invalids and Social Affairs where the foreigner is expected to work 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; except for the cases specified in Clauses 4 and 5, Article 172 of the Labor Code and points e and i, Clause 2, Article 7 of this Decree; they are not required to carry out continue to confirm that foreign workers are not subject to work permits. 

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Related questions

What is a work permit?

Authorized Vietnamese organizations issue work permit to grant foreign workers the right to legally work in Vietnam. So This means a work permit will prove that its owner is protected by Vietnam’s Labor law.

How long is the duration of the reissued work permit?

According to article 15 Decree 152/2020/ NĐ-CP, the duration of a reissued work permit is equal to the duration of the original work permit minus the time the foreign worker had worked in Vietnam until they requested a reissue of the work permit.

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