Do foreigners who marry Vietnamese people not need to apply for a work permit? Is it possible to extend work permits for foreigners multiple times in Vietnam?

Do foreigners who marry Vietnamese people not need to apply for a work permit? 

I heard that there is a new regulation on who is exempt from applying for a work permit from July 2020 for foreign workers whose wives are Vietnamese (but do not yet have Vietnamese citizenship). I wonder if there is such a regulation?

Answer: According to Article 154 of the 2019 Labor Code, foreigners who get married with a Vietnamese citizen and wishes to reside in Vietnam. are not subject to work permits.

Is it possible to extend work permits for foreigners multiple times in Vietnam?

Currently, a foreigner's work permit is valid for 2 years. When it is about to expire, you can apply for renewal. So is it possible to extend the work permit for foreigners multiple times? What about the new regulations?

Answer: Clause 2, Article 16 of Decree 11/2016/ND-CP stipulates: The duration of the work permit reissued in the cases prescribed in Clause 2 Article 13 of this Decree shall follow the duration of one of the cases regulated in Article 11 of this Decree but not exceed 02 years.

Thus, currently, when a work permit expires, you can carry out procedures to renew it many times (similar to the procedure for re-issuance).

However, according to Article 155 of the 2019 Labor Code, the maximum duration of a work permit is 02 years. A work permit may be extended once for up to 02 more years.

And according to Article 157 of the 2019 Labor Code, the Government shall specify the conditions and procedures for issuing, re-issuing, revoking the work permit and issuance of the notice of rejection of work permit issuance.

Thus, according to the new Law in Vietnam, the work permit can only be extended a maximum of 1 time, then if there is a need, procedures for re-issuance must be carried out. Unlike the current Law, the new Law stipulates a separation between reissuance procedures and renewal procedures. This content needs to wait for detailed guidance documents.

Do foreigners who marry Vietnamese people not need to apply for a work permit? Is it possible to extend work permits for foreigners multiple times in Vietnam? (Image from the Internet)

Are foreigners who are legal representatives of the company exempt from work permits in Vietnam?

The upcoming unit will employ 01 foreign worker in 2021, specifically as follows: Business type: Multiple-Member Limited Liability Company. Foreign workers who are experts hold the position of Director and have legal representation on the business license. So is this case exempt from the work permit?

Answer: Article 154 of the 2019 Labor Code stipulates that work permit exemption for foreign employees in Vietnam, including:

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.

Thus, for a Multiple-Member Limited Liability Company that has a foreign worker who is an expert - holding the position of Director and has a legal representative on the business license, it is not subject to work permit exemption in Vietnam. 

However, note: If this person enters Vietnam for less than 3 months to offer services or:

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, they will be exempted from work permits.

Best regards!