What are the procedures to grant a Certification of exemption from work permit for foreign employees in Vietnam?
What are the procedures to grant a Certification of exemption from work permit for foreign employees in Vietnam?
Procedures to grant a Certification of exemption from work permit in Vietnam are specified in Article 8 of Decree 152/2020/ND-CP:
- 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.
- 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 2019 and clauses 1, 2, 8 and 11 Article 7 of Decree 152/2020/ND-CP, 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 of Decree 152/2020/ND-CP. If a certification of exemption from work permit is re-issued, the corresponding validity period is up to 2 years.
- 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 of Decree 152/2020/ND-CP;
+ A fitness to work certificate in accordance with clause 2 Article 9 of Decree 152/2020/ND-CP.
+ 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.
- 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 of Decree 152/2020/ND-CP. If the application is rejected, a written explanation is required.
Accordingly, the procedure to grant Certification of exemption from work permit for foreigners working in Vietnam is carried out according to the above regulations.
What are the procedures to grant a Certification of exemption from work permit for foreign employees in Vietnam?
What are the work permit exemption for foreign employees in Vietnam?
Article 154 of the Labor Code 2019 stipulates that work permit exemption for foreign employees in Vietnam 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.
….
In addition, Article 7 of Decree 152/2020/ND-CP stipulates cases of work permit exemption for foreign employees as follows:
Foreign workers exempt from work permits
Without regard to the cases in clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, a foreign worker is exempt from a work permit if:
1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.
2. 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.
3. 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.
….
Thus, according to the above regulations, the subjects specified in Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP in the cases of work permit exemption for foreign employees.
How long is the validity period of a work permit for foreign employees in Vietnam?
Pursuant to Article 10 of Decree 152/2020/ND-CP stipulates 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.
Accordingly, the duration of work permits for foreign workers is determined according to the above regulations. Note, work permits for foreign workers working in Vietnam have a maximum term of 02 years.
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