Where is the certification for foreign workers who are not granted a work permit in Vietnam?

Where is the certification for foreign workers who are not granted a work permit in Vietnam?

Pursuant to Clause 1, Clause 2, Article 8 of Decree 152/2020/ND-CP on certification of foreign workers who are not subject to work permits as follows:

1. The Ministry of Labor, War Invalids and Social Affairs or Departments of Labor, War Invalids and Social Affairs are authorized to grant certification of exemption from work permit.

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, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs have the authority to certify that your friend is not a part of the work permit issuance process in Vietnam.

What are the applications on the request for certification of not being subject to a work permit in Vietnam?

In accordance with Clause 3 of the preceding Article, the following is provided:

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.

Best Regards!