Which agency should a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam and is exempt from a work permit certify with?
- In what cases are foreign workers exempt from work permits in Vietnam?
- Which agency should a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam and is exempt from a work permit certify with?
- What are the required documents in an application for exemption from work permits in Vietnam?
In what cases are foreign workers exempt from work permits in Vietnam?
According to the provisions of Article 7 of Decree No. 152/2020/ND-CP and Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the 2019 Labor Code of Vietnam, a foreign worker working in Vietnam is exempt from a work permit if:
- He/she 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.
- He/she enters Vietnam for a period of less than 03 months to do marketing of a service.
- He/she 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.
- He/she is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.
- In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
- He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.
- He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong.
- He/she is an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.
- He/she enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.
- He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.
- He/she is sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.
- He/she is a volunteer as specified in clause 2 Article 3 of this Decree.
- He/she enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.
- He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law
- He/she is a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.
- He/she is a relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.
- He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.
- He/she takes charge of establishing a commercial presence.
- He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.
Which agency should a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam and is exempt from a work permit certify with?
Which agency should a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam and is exempt from a work permit certify with?
According to the provisions of Clause 2, Article 8 of Decree No. 152/2020/ND-CP on certification of exemption from work permit as follows:
Certification of exemption from work permits in Vietnam
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.
Thus, according to the above provisions, in case a foreign lawyer has been granted a lawyer’s practicing certificate in Vietnam and is exempt from a work permit, the employer is not required to apply for the certification of exemption.
However, 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.
What are the required documents in an application for exemption from work permits in Vietnam?
According to the provisions of Clause 3, Article 8 of Decree No. 152/2020/ND-CP, the required documents in an application for exemption from work permit are as follows:
- 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;
- Any document mentioned in points b, c and dd of this clause 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, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.
In addition, 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, using Form No. 10/PLI Appendix I enclosed with Decree No. 152/2020/ND-CP. If the application is rejected, a written explanation is required.
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