Do foreign lawyers working in Vietnam need a work permit? Are foreign lawyers required to apply for the certification of exemption from work permits in Vietnam?
- Do foreign lawyers working in Vietnam need a work permit?
- Are foreign lawyers required to apply for the certification of exemption from work permits in Vietnam?
- What are the required documents in an application for exemption from work permits in Vietnam?
- What are the procedures for applying for exemption from work permits in Vietnam?
Do foreign lawyers working in Vietnam need a work permit?
According to the provisions of Article 154 of the 2015 Labor Code of Vietnam, the following cases are not required to apply for a work permit:
Work permit exemption for foreign employees in Vietnam
A foreign employee is not required to have the work permit if he/she:
1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.
2. Is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value conformable with regulations of the Government.
3. Is the manager of a representative office, project or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.
4. Enters Vietnam for a period of less than 03 months to do marketing of a service.
5. Enters Vietnam for a period of less than 03 months to resolve a complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.
7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.
9. Other circumstances specified by the Government.
Thus, foreign lawyers who have been granted a lawyer’s practicing certificate and work in Vietnam are not required to apply for a work permit.
Do foreign lawyers working in Vietnam need a work permit? Are foreign lawyers required to apply for the certification of exemption from work permits in Vietnam?
Are foreign lawyers required to apply for the certification of exemption from work permits in Vietnam?
According to the provisions of Clause 2, Article 8 of Decree No. 152/2020/ND-CP, the following cases are not required to apply for the certification of exemption from work permits but it must report the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province:
- Entering Vietnam for a period of less than 03 months to do marketing of a service.
- Being foreign lawyers who have been granted a lawyer’s practicing certificate in Vietnam.
- Foreigners getting married with a Vietnamese citizen and residing in Vietnam.
- Being the owner or capital contributor of a limited company with contributed capital of 3 billion VND or more.
- Being the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.
- Working in the position of a manager, executive director, expert or technical worker for less than 30 days and no more than 03 times in a year.
- Relatives of members of foreign representative offices in Vietnam.
Thus, a foreign lawyer who has been granted a law practice license in Vietnam is not required to apply for certification of exemption from work permits.
What are the required documents in an application for exemption from work permits in Vietnam?
In addition to the exceptional cases that are not required to apply for certification of exemption from work permits, employees eligible for exemption from work permits must prepare required documents in an application for exemption from work permit as prescribed in Clause 3, Article 8 of Decree No. 152/2020/ND-CP, including:
- An application form for certification of exemption from work permit No. 09/PLI Appendix I hereto appended;
- A fitness to work certificate in accordance with clause 2 Article 9 hereof.
- An acceptance of demand for foreign workers, unless it is not required;
- A valid certified true copy of passport as per the law;
- Documents justifying that the foreign worker is exempt from work permit;
Note: Any document mentioned above is 1 original or certified true copy; if a document is written in a foreign language, it must be consularly legalized, translated into Vietnamese and certified.
What are the procedures for applying for exemption from work permits in Vietnam?
Pursuant to Clause 1, Article 8 of Decree No. 152/2020/ND-CP, Clause 2, Article 8 of Decree No. 152/2020/ND-CP and Clause 5, Article 8 of Decree No. 152/2020/ND-CP, the procedures for applying for exemption from work permits shall proceed in the following order:
- 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. Except in cases where only reports are required.
- Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall issue a certification of exemption from work permit.
- The validity period of a certification of exemption from work permit is up to 2 years.
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