Exemption of work permits for people married to Vietnamese people

BichNgoc September 6, 2022

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Decree 152/2020/ND-CP, effective from February 15, 2021, stipulates that foreigners who marry Vietnamese are exempt from work permits. LSX Lawfirm will give you an article about: “Exemption of work permits for people married to Vietnamese people”, as follows:

Regulations on work permit exemption for people married to Vietnamese people

According to Article 154 of the Labor Code (effective from January 1, 2021), foreigners who marry Vietnamese and live in the Vietnamese territory will be exempt from work permits. This is to create optimal conditions for them to live and work legally in our country.

Dossier – procedures for applying for a work permit exemption for people married to Vietnamese people

Accordingly, when marrying a Vietnamese, foreigners exempted from work permits while living and working here. Therefore, they need to prepare documents and take steps in turn according to the provisions of the law. Specifically, the process of applying for a work permit exemption for a foreigner married to a Vietnamese person will include two steps as follows:

Determine the need to use foreign workers

First of all, the employer needs to prepare 01 set of application for identification, including:

– A certified copy of the business registration form of the company or enterprise that the foreigner intends to work for.

– Form No. 01/PLI or Form No. 02/PLI according to the provisions of Decree No. 152/2020/ND-CP.

Also in Decree 152 on work permits, foreign employers must submit a dossier to determine the need to employ foreign workers in their enterprise to the competent agency at least before at least 1 month from the date the foreigner starts working. After 10 days from the date of receiving the identification documents, the competent agencies receiving the dossiers will have a written response on approval or disapproval to use foreign workers for each job position.

Report on the use of foreign workers

Unlike normal work permit exemption cases (citizens must complete procedures to confirm that they are not eligible for work permits), foreign workers married to Vietnamese are exempt from work permits. will not have to carry out the above procedure. On the other hand, enterprises, organizations or companies that employ workers must have a report file with the competent authorities, namely the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs – where the employee is expected to work. Specifically, what does the profile include?

– Business registration license (operation license) of the enterprise or company.

– A true copy of the foreigner’s marriage certificate. In the case of papers issued by foreign countries, they should note consular legalization, notarized translation and photocopying of documents.

– ID card / ID card, household book of Vietnamese people.

– Foreigner’s passport (copy) with the original.

– Report certified by the company.

On the report on the use of foreign workers, workers and employers need to pay attention to some of the following information items:

– Information about the business or company that the foreigner expected to work for.

– Personal information *full name, nationality, age, passport number) of a foreigner married to a Vietnamese.

– Position, job as in the applied labor approval; start and end date of the job.

At least 03 days before the date the foreigner officially starts working, the enterprise will submit a report with all documents and dossiers to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs. Military and Social Affairs where the foreigner expected to work. When this step completed, it means that the customer has completed the procedures for applying for a work permit exemption for foreigners to marry Vietnamese.

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Conditions for granting work permits to foreign teachers in Vietnam

Social development, the process of international integration focused; which means that the job market is open with many foreign workers; typically foreign teachers doing research and teaching in Vietnam. Vietnam. However, in order for foreigners to legally teach and work in Vietnam, foreign workers must have a work permit.

Before applying for a work permit in Vietnam, a teacher must meet the following conditions:

Being 18 years or older and having full civil act capacity;

– Having professional qualifications in teaching, working experience and being healthy as prescribed by the Minister of Health;

So, not being a person who is serving a penalty or has not yet been cleared of criminal record; or is being examined for penal liability in accordance with foreign or Vietnamese laws.
Then obtaining written approval from competent state agencies on the employment of foreign workers.

Note: In case a foreign teacher sent to Vietnam by a competent foreign agency; or organization to teach and conduct research 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 will not be eligible for work permits.

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