Is it allowed to perform work different from the content stated in the work permit? What procedures are required when exempt from obtaining a work permit?
Is it allowed to work in a different role than stated in the work permit?
I would like to ask, currently, my friend, a foreigner, is teaching English in Vietnam under a work permit. During the time working in Vietnam, if my friend takes on an additional job other than the one stated in the work permit, would that violate the legal regulations?
Answer: In principle, foreign workers in Vietnam who are employed under a work permit are only allowed to perform the job specifically stated in the work permit. The work permit will become invalid if the work performed does not match the content in the issued work permit (Clause 4 Article 156 of the 2019 Labor Code).
Therefore, in this case, your friend taking on another job outside of what is stated in the work permit is against the regulations. If discovered and processed, the work permit will be revoked.
What procedures are required when exempted from obtaining a work permit?
I would like to ask, our company has a Japanese doctor who is married to a Vietnamese citizen. According to the new law, he does not need to renew his work permit. So I would like to ask, does he need to follow any procedures to be exempted from obtaining a work permit due to his marriage to a Vietnamese citizen?
Answer: According to Article 154 of the 2019 Labor Code, foreigners married to Vietnamese citizens and living in Vietnamese territory are not subject to the requirements of obtaining a work permit.
Regarding procedures (Clause 5 Article 11 of Decree 140/2018/ND-CP): The employer must request the Department of Labor, War Invalids and Social Affairs where the foreigner is expected to work to confirm that the foreign worker is not subject to obtaining a work permit at least 07 working days before the foreign worker starts working, except for cases stipulated in Clause 4, Clause 5 Article 172 of the Labor Code and points e, i Clause 2 Article 7 of this Decree, in which case the confirmation procedure for foreign workers exempt from obtaining a work permit is not required.
Thus, according to the new Labor Code, if a foreigner is married to a Vietnamese citizen and living in Vietnamese territory, they are not subject to the requirements of obtaining a work permit. However, while waiting for the guiding documents for the new Labor Code, the employer still needs to complete the procedure of requesting the Department of Labor, War Invalids and Social Affairs where the foreigner is expected to work to confirm that the foreign worker is not subject to obtaining a work permit at least 07 working days before the foreign worker starts working.
How much capital must a foreigner contribute to a Limited Liability Company to be exempted from a work permit?
A Limited Liability Company has 2 foreigners who are capital-contributing members. How much percentage of capital must they contribute to be exempted from a work permit when working in Vietnam?
Answer: According to Clause 1 Article 154 of the 2019 Labor Code, foreign workers in Vietnam who are not subject to the requirement of obtaining a work permit include:
The owner or capital-contributing members of a limited liability company with a capital contribution value according to the regulations of the Government of Vietnam.
Thus, from January 1, 2021, foreign capital-contributing members of a Limited Liability Company working in Vietnam will be exempted from a work permit if they meet the capital contribution value according to the regulations of the Government of Vietnam.
Sincerely.
