What are 20 cases where foreign workers are not required to issue a work permit in Vietnam? What should foreigners marrying Vietnamese women do to verify that they do not have to apply for a work permit in Vietnam?
What are 20 cases where foreign workers are not required to issue a work permit in Vietnam? What should foreigners marrying Vietnamese women do to verify that they do not have to apply for a work permit in Vietnam? Will foreign workers whose work performed is not conformable with the contents of the work permit granted have their permits revoked in Vietnam?
What are 20 cases where foreign workers are not required to issue a work permit in Vietnam?
I would like to ask a lawyer in what cases do foreigners come to work in Vietnam without having to apply for a work permit?
Answer: Based on the provisions in Clauses 3, 4, 5, 6, 7, 8, Article 154 of the 2019 Labor Code and Article 7 of Decree 152/2020/ND-CP, there are a total of 20 cases. Foreign workers working in Vietnam are not subject to work permits, specifically including:
Article 154. Work permit exemption for foreign employees in Vietnam
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.
Section 7. 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.
4. 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.
5. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.
6. 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.
7. He/she is a volunteer as specified in clause 2 Article 3 of this Decree.
8. 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.
9. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law
10. 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.
11. He/she is a relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.
12. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.
13. He/she takes charge of establishing a commercial presence.
14. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.
Will foreign workers whose work performed is not conformable with the contents of the work permit granted have their permits revoked in Vietnam?
Will foreign workers working in accordance with the content of their work permit have their licenses revoked? What is the basis for regulation? Thank you.
Answer: Clause 1, Article 20 of Decree 152/2020/ND-CP stipulates:
1. The work permit ceases to be effective as prescribed in clauses 1, 2, 3, 4, 5, 6 and 7 Article 156 of the Labor Code.
According to Clause 4, Article 156 of the 2019 Labor Code stipulates: The work performed is not conformable with the contents of the work permit granted.
Thus, from the above regulations in Vietnam, it can be seen that in cases where foreign workers work inconsistently with the content of the work permit granted, their permit will be revoked.
What should foreigners marrying Vietnamese women do to verify that they do not have to apply for a work permit in Vietnam?
My company has a foreigner who is preparing to work and is married to a Vietnamese person, so does that person fall under Article 155 of the 2019 Labor Code and not need to apply for a work permit? So, do companies and workers themselves need to do anything to verify that they do not need a license?
Answer: Pursuant to the provisions of Clause 8, Article 154 of the 2019 Labor Code:
8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.
At the same time, according to the provisions of Clause 2, Article 8 of Decree 152/2020/ND-CP (effective from February 15, 2021):
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 case your employee is not required to apply for a work permit due to being married to a Vietnamese person, the company does not have to ask for confirmation that he/she is not required to apply for a work permit but must report according to regulations.
Best regards!
