When are foreign employees in Vietnam eligible for work permit exemption?
Please ask: When are foreign employees in Vietnam eligible for work permit exemption? Hope to have your questions answered. Question from Mr. Quan in Long An.
When are foreign employees in Vietnam eligible for work permit exemption?
Pursuant to Article 154 of the 2019 Labor Code, regulations on work permit exemption for foreign employees in Vietnam are as follows:
A foreign employee is not required to have the work permit if he/she:
- Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.
- 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.
- 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.
- Enters Vietnam for a period of less than 03 months to do marketing of a service.
- 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.
- Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.
- In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
- Gets married with a Vietnamese citizen and wishes to reside in Vietnam.
- Other circumstances specified by the Government.
When are foreign employees in Vietnam eligible for work permit exemption? (Image from the Internet)
If a foreign employee's labor contract in Vietnam is terminated, will his/her work permit also be revoked?
Pursuant to the provisions of Article 20 of Decree 152/2020/ND-CP regulating cases of revocation of a work permit as follows:
Cases of revocation of a work permit
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.
2. The employer or the foreign worker fails to comply with this Decree.
3. The foreign worker, during his/her employment in Vietnam, fails to abide by Vietnam’s law which compromises security and social order.
Pursuant to Article 156 of the 2019 Labor Code, regulations on cases in which a work permit is invalid are as follows:
Cases in which a work permit is invalid
1. The work permit expires.
2. The employment contract is terminated.
3. The contents of the employment contract are inconsistent with the contents of the work permit granted.
4. The work performed is not conformable with the contents of the work permit granted.
5. The contract that is the basis for issuance of the work permit expires or is terminated.
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Thus, from the above grounds in Vietnam, when labor contract is terminated, the work permit will also be revoked.
Who has the authority to revoke work permits of foreign employees whose labor contracts are terminated?
Pursuant to the provisions of Clause 1, Article 21 of Decree 152/2020/ND-CP stipulating procedures for revocation of a work permit as follows:
Procedures for revocation of a work permit
1. For the case in clause 1 Article 20 hereof, within 15 days after the work permit ceases to be effective, the employer shall revoke the work permit of the foreign worker and return it to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs which issued that work permit and enclose a document specifying reasons for revocation and work permits subject to revocation but cannot be revoked.
.....
3. Within 5 working days after receiving the said work permit, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall send an acknowledgement of receipt of the revoked work permit to the employer.
Thus, in case the work permit is revoked due to termination of the labor contract in Vietnam, the person with authority to revoke is the employer.
According to this Article, within 15 days from the date the work permit expires in Vietnam, the employer will revoke the work permit and submit it to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs have issued work permits.
Note: Attach a document clearly stating the reason for the recall.
Within 05 working days from the date of receiving the revoked work permit in Vietnam, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written confirmation of revocation of work permit sent to the employer.
Best regards!
