Foreigners working in Vietnam do not need a work permit

In principle, foreigners entering Vietnam to work must apply for a work permit. However, in some special cases, foreigners working in Vietnam are not required to apply for a work permit but must obtain certification from a competent authority. Today, LSX Lawfirm will give you an article about: “Foreigners working in Vietnam do not need a work permit”, as follows:

Legal grounds

 The Labor Code 2019

Overview about Foreigners working in Vietnam do not need a work permit

Vietnam’s labor law does not prohibit foreign workers from entering Vietnam for the purpose of working. However, to ensure the domestic labor market, the law stipulates that only certain types of foreign workers can enter Vietnam to work.

Accordingly, foreign workers need granted a work permit so that the provincial labor State management agency can manage the use of foreign workers in enterprises. In special cases, some foreign workers do not need to issue a work permit; However; the employer still needs to carry out procedures to confirm that the foreign worker is not subject to a work permit.

In case you have problems related to the identification of foreign workers; who are not eligible for work permits and carry out administrative procedures related to this issue; you need to carefully study the regulations. by law or consult an attorney.

Foreigners working in Vietnam do not need a work permit

1. Being a capital contributing member or owner of a limited liability company.
2. Being a member of the Board of Directors of a joint-stock company.
3. Then Being the Head of a representative office or project of an international organization or a non-governmental organization in Vietnam.
4. Entering Vietnam for less than 3 months to make a service offering.
5. Entering Vietnam for less than 3 months to handle complicated technical and technological incidents and situations that affect; or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam can’t handle it.
6. Being a foreign lawyer who granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
7. According to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
8. As a student, studying in Vietnam and working in Vietnam; the employer must notify 07 days in advance to the provincial labor State management agency.
9. Other cases as prescribed by the Government.

Other cases of foreign workers not eligible for work permits include:

a) Moving within an enterprise[1] within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution , education, environment, finance, health, tourism, culture, entertainment and transport;

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

c) Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam according to the provisions of law;

d) Send to Vietnam by a foreign agency or organization to teach; or conduct research at an international school under the management of a foreign diplomatic mission or an international organization in Vietnam; or approved by the Ministry of Education and Training. Education and Training certification for teaching and research at educational and training institutions in Vietnam;

dd) Volunteer[2] certified by a foreign diplomatic mission or international organization in Vietnam;

Then

e) Entering Vietnam to work as an expert[3], manager[4], executive director[5] or technical worker[6] with a working time of less than 30 days and a working time of less than 30 days. not more than 90 days in 01 year;

g) Entering Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law;

h) Pupils, students studying at overseas schools and training institutions that have an internship agreement in agencies; organizations and enterprises in Vietnam;

i) Relatives of members of foreign representative missions in Vietnam working after being licensed by the Ministry of Foreign Affairs; unless otherwise provided for in an international treaty to which the Socialist Republic of Vietnam is a signatory. ;

k) Having official passports to work for state agencies, political organizations, socio-political organizations;

l) Other cases decided by the Prime Minister at the proposal of the Ministry of Labor; War Invalids and Social Affairs.

Confirmation that foreigners are not subject to work permits in Vietnam

1. Department of Labor – Invalids and Social Affairs has the authority to certify that foreign workers are not subject to work permits.
2. 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; counting from the date the foreign worker starts working, except for the following cases:

• Entering Vietnam with a term of less than 3 months to make a service offering.
• Entering Vietnam for less than 3 months to handle complicated technical and technological problems and situations that affect; or threaten to affect production and business that Vietnamese experts and Foreign experts currently in Vietnam cannot handle it.
• Finally, entering Vietnam to work as an expert, manager; executive director or technical worker with a working period of less than 30 days and the cumulative time not exceeding 90 days in a year.

Related article: The process of applying for a work permit for foreign teachers in Vietnam

What are the Conditions for establishing foreign language centers with foreign elements?

Can foreigners set up an English center 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

1. The term of the labor contract expected signed;
2. The duration of the foreign party sending foreign workers to work in Vietnam;
3. The duration of the contract or agreement signed between the Vietnamese and foreign partners;
4. The term of the contract or service provision agreement signed between the Vietnamese and foreign partners;
5. The time limit stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision;
6. The time limit determined in the certificate of the foreign non-governmental organization or international organization permitted to operate; in accordance with the provisions of Vietnamese law;
7. Then 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;
8. The time limit in the document proving that the foreign worker participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.

Dossier to request confirmation of not being eligible for a work permit, including:

a) A written request to certify that the foreign worker is not eligible for a work permit;

b) An excerpt list of foreign workers with the following contents: full name; age; sex; nationality; passport; start and end date of work; the job position of the foreign worker;

c) Papers to prove that the foreign worker is not eligible for a work permit;

d) Papers proving that the foreign worker is not eligible for a work permit is 01 photocopy enclosed with the original for comparison or 01 certified copy; if foreign, consular legalization exempted. but translated into Vietnamese and authenticated according to the provisions of Vietnamese law.

Related questions

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Foreigners working in Vietnam do not need a work permit”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: [email protected]

Conclusion: So the above is Foreigners working in Vietnam do not need a work permit. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com