In cases where foreign lawyers have been granted lawyer’s practicing certificates in Vietnam, are they required to have the work permit?
- In cases where foreign lawyers have been granted lawyer’s practicing certificates in Vietnam, are they required to have the work permit?
- Do foreign lawyers working in Vietnam need to notify the local agency?
- What is the application for exemption from work permit for foreign lawyers working in Vietnam?
In cases where foreign lawyers have been granted lawyer’s practicing certificates in Vietnam, are they required to have the work permit?
According to the provisions of Article 154 of the 2019 Labor Code, regulations on work permit exemption for foreign employees in Vietnam are as follows:
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 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 organizations 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 a resolve 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.
Accordingly, in cases where foreign lawyers have been granted lawyer’s practicing certificates in Vietnam, they are not required to have the work permit when working in Vietnam.
In cases where foreign lawyers have been granted lawyer’s practicing certificates in Vietnam, are they required to have the work permit?
Do foreign lawyers working in Vietnam need to notify the local agency?
Pursuant to the provisions of Clause 2, Article 8 of Decree 152/2020/ND-CP stipulating confirmation of foreign workers not subject to work permits as follows:
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, in the case of a foreign lawyer working in Vietnam, the employer is responsible for requesting the competent agency where the foreign worker is expected to work to confirm that the foreign worker is eligible for exemption from a work permit.
Note: Recommended time is at least 10 days in advance from the date the foreign worker starts working.
What is the application for exemption from work permit for foreign lawyers working in Vietnam?
Clause 3, Article 8 of Decree 152/2020/ND-CP stipulates confirmation that foreign workers are not subject to work permits as follows:
Certification of exemption from work permit
...
3. Required documents in an application for exemption from work permit:
a) An application form for certification of exemption from work permit No. 09/PLI Appendix I hereto appended;
b) A fitness to work certificate in accordance with clause 2 Article 9 hereof.
c) An acceptance of demand for foreign workers, unless it is not required;
d) A valid certified true copy of passport as per the law;
dd) Documents justifying that the foreign worker is exempt from work permit;
e) 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.
Thus, required documents in an application for exemption from work permit:
- An application form for certification of exemption from work permit No. 09/PLI Appendix I hereto appended;
- A fitness to work certificate.
- 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;
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