What is the application form for certification of exemption from work permit in Vietnam regarding a foreign worker according to current regulations?
In what cases is a foreign worker exempt from a work permit in Vietnam?
Pursuant to Article 7 of Decree No. 152/2020/ND-CP, without regard to the cases in clauses 3, 4, 5, 6, 7 and 8 Article 154 of the 2019 Labor Code, a foreign worker is exempt from a work permit if:
- 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 Decree No. 152/2020/ND-CP.
- 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 of Decree No. 152/2020/ND-CP.
- 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.
What is the application form for certification of exemption from work permit in Vietnam regarding a foreign worker according to current regulations? (Image from the Internet)
What is the application form for certification of exemption from work permit in Vietnam regarding a foreign worker according to current regulations?
The application form for certification of exemption from work permit in Vietnam is Form No. 09/PLI, Appendix I issued together with Decree No. 152/2020/ND-CP. Below is an image of the application form for certification of exemption from work permit:
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Download the application form for certification of exemption from work permit in Vietnam: Click here.
What is included in the application for exemption from work permit in Vietnam?
Pursuant to Clause 3, Article 8 of Decree No. 152/2020/ND-CP stipulating as follows:
Certification of exemption from work permit
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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, according to the the above regulations, required documents in an application for exemption from work permit include:
- An application form for certification of exemption from work permit No. 09/PLI Appendix I enclosed with Decree No. 152/2020/ND-CP;
- A fitness to work certificate in accordance with clause 2 Article 9 of Decree No. 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 clause 3 Article 8 of Decree No. 152/2020/ND-CP 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.
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