Are Foreign Lawyers Required to Notify Local Authorities When Working in Vietnam?
Do foreign lawyers working in Vietnam need to notify the local authorities?
Based on the regulations in Clause 2 Article 8 Decree 152/2020/ND-CP which stipulate confirmation that a foreign worker is not subject to work permit issuance as follows:
Confirmation that a foreign worker is not subject to work permit issuance
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2. The employer requests the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work to confirm that the foreign worker is not subject to work permit issuance at least 10 days before the foreign worker starts working.
In cases as stipulated in Clauses 4, 6, and 8 of Article 154 of the Labor Code and Clauses 1, 2, 8, and 11 of this Article, it is not necessary to go through the procedures for confirming that the foreign worker is not subject to work permit issuance, but it is required to report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work the following information: full name, age, nationality, passport number, name of the foreign employer, start and end date of employment, at least 3 days before the foreign worker is expected to start working in Vietnam.
The maximum confirmation period that a foreign worker is not subject to work permit issuance is 2 years and according to the duration of one of the cases stipulated in Article 10 of this Decree. In the case of re-issuing the confirmation that the foreign worker is not subject to work permit issuance, the maximum period is also 2 years.
Therefore, in the case of a foreign lawyer working in Vietnam, the employer is responsible for requesting the competent authority where the foreign worker is expected to work to confirm that the foreign worker is not subject to work permit issuance.
Note: The request must be made at least 10 days before the foreign worker starts working.
*Do foreign lawyers working in Vietnam need to notify the local authorities?*
Do foreign lawyers who have been granted a practicing certificate in Vietnam need a work permit?
According to Article 154 of the Labor Code 2019, which stipulates about foreign workers working in Vietnam who are not subject to work permit issuance as follows:
Foreign workers working in Vietnam not subject to work permit issuance
1. Owners or capital contributing members of limited liability companies with capital contribution value as stipulated by the Government of Vietnam.
2. Chairpersons of the Board of Directors or members of the Board of Directors of joint-stock companies with capital contribution value as stipulated by the Government of Vietnam.
3. Heads of representative offices, projects, or persons responsible for the main operations of international organizations or foreign non-governmental organizations in Vietnam.
4. Entering Vietnam for less than 3 months to offer services.
5. Entering Vietnam for less than 3 months to handle technical, technological, or complex problems that affect or potentially affect production and business that current Vietnamese and foreign specialists in Vietnam cannot resolve.
6. Foreign lawyers who have been granted a practicing certificate in Vietnam according to the Law on Lawyers.
7. Cases as stipulated by international agreements to which the Socialist Republic of Vietnam is a signatory.
8. Foreigners married to Vietnamese citizens and living on Vietnamese territory.
9. Other cases as stipulated by the Government of Vietnam.
In the case of foreign lawyers who have been granted a practicing certificate in Vietnam, they do not need to apply for a work permit when participating in work in Vietnam.
What documents are required for confirming that a foreign lawyer is not subject to work permit issuance?
In Clause 3 Article 8 of Decree 152/2020/ND-CP, the requirements for confirming that a foreign worker is not subject to work permit issuance are stipulated as follows:
Confirmation that a foreign worker is not subject to work permit issuance
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3. The dossier requesting confirmation that a foreign worker is not subject to work permit issuance includes:
a) A written request for confirmation that a foreign worker is not subject to work permit issuance according to Form No. 09/PLI of Appendix I issued with this Decree;
b) A health certificate or medical examination certificate as stipulated in Clause 2 Article 9 of this Decree;
c) A written approval for the need to employ foreign workers, except for cases where it is not necessary to determine the need to employ foreign workers;
d) A notarized copy of the valid passport as stipulated by law;
e) Documents proving that the foreign worker is not subject to work permit issuance;
f) Documents as stipulated in points b, c, and e of this Clause must be submitted as originals or certified copies. If they are foreign documents, they must be consularly legalized, translated into Vietnamese and certified unless exempted from consular legalization according to international agreements to which both the Socialist Republic of Vietnam and the foreign country are signatories or based on reciprocity or as stipulated by law.
Thus, the dossier requesting confirmation that a foreign lawyer is not subject to work permit issuance includes:
- A written request for confirmation that a foreign worker is not subject to work permit issuance according to Form No. 09.- A health certificate or medical examination certificate.- A written approval for the need to employ foreign workers, except for cases where it is not necessary to determine the need to employ foreign workers.- A notarized copy of the valid passport as stipulated by law.- Documents proving that the foreign worker is not subject to work permit issuance.
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