Which agency has the authority to grant certification of exemption from work permit in Vietnam?
What are the requirements for foreigners to work in Vietnam?
Pursuant to the provisions of Article 151 of the 2019 Labor Code, it is specifically stated as follows:
Requirements for foreigners to work in Vietnam.
1. A foreign employee means a person who has a foreign nationality and:
a) is at last 18 years of age and has full legal capacity;
b) has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
d) has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.
2. The duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate conclusion of multiple fixed-term labor contracts.
3. Foreign employees working in Vietnam shall comply with and shall be protected by the labor law of Vietnam, unless otherwise prescribed by treaties to which Vietnam is a signatory.
According to the above regulations, A foreign employee means a person who has a foreign nationality and:
- is at last 18 years of age and has full legal capacity;
- has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
- is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
- has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.
In addition, foreign employees working in Vietnam shall comply with and shall be protected by the labor law of Vietnam, unless otherwise prescribed by treaties to which Vietnam is a signatory.
Which agency has the authority to grant certification of exemption from work permit in Vietnam?
How long is the validity period of a work permit for foreigners working in Vietnam?
Pursuant to Article 10 of Decree 152/2020/ND-CP regulating the validity period of a work permit as follows:
Validity period of a work permit
The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:
1. Validity period of the employment contract to be signed.
2. Duration of the foreign worker’s assignment in Vietnam.
3. Duration of the contract or agreement concluded between Vietnamese and foreign partners.
4. Duration of the service contract or agreement concluded between Vietnamese and foreign partners.
5. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.
6. Validity period in the operation license of the agency, organization or enterprise.
7. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.
8. Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.
9. Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 hereof is not required.
Thus, The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:
- Validity period of the employment contract to be signed.
- Duration of the foreign worker’s assignment in Vietnam.
- Duration of the contract or agreement concluded between Vietnamese and foreign partners.
- Duration of the service contract or agreement concluded between Vietnamese and foreign partners.
- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.
- Validity period in the operation license of the agency, organization or enterprise.
- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.
- Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.
- Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers is not required.
Which agency has the authority to grant certification of exemption from work permit in Vietnam?
Pursuant to Article 8 of Decree 152/2020/ND-CP regulating the confirmation that foreign workers are not subject to work permits, specifically as follows:
Certification of exemption from work permit
1. The Ministry of Labor, War Invalids and Social Affairs or Departments of Labor, War Invalids and Social Affairs are authorized to grant certification of exemption from work permit.
2. The employer shall request the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where the foreign worker is expected to work to certify that such foreign worker is eligible for exemption from a work permit at least 10 working days before he/she starts to work.
For any of the circumstances in clauses 4, 6 and 8 Article 154 of the Labor Code and clauses 1, 2, 8 and 11 Article 7 of this Decree, the employer is not required to apply for the certification of exemption but it must report the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work, at least 3 days before such foreign worker starts to work in Vietnam, on the following: full name, age, nationality, passport number, name of employer, starting date and completion date.
The validity period of a certification of exemption from work permit is up to 2 years and coincides with the validity period of any case as prescribed in Article 10 below. If a certification of exemption from work permit is re-issued, the corresponding validity period is up to 2 years.
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Accordingly, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs is the competent agency to grant certification of exemption from work permit according to the provisions of law.
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