Which foreign entities are not required to have the work permit in Vietnam?

Which foreign entities are not required to have the work permit in Vietnam?

Pursuant to Article 154 of the Labor Code in 2019 and Article 7 of the Decree 152/2020/ND-CP (amended by Clauses 4.a and 4.b, Article 1 of the Decree 70/2023/ND-CP), 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 affects or threatens to affect business operation and 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.

- Is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.

- 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.

- 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.

- 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.

- Is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.

- Is sent by a foreign competent authority or organization to Vietnam to teach or act as a manager or executive at an educational institution, which is established in Vietnam under a proposal of a foreign diplomatic mission or intergovernmental organization; or of a facility which is established under international treaties to which Vietnam is a signatory.

- Is a volunteer as specified in clause 2 Article 3 of the Decree 152/2020/ND-CP.

- 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.

- Enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law

- 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.

- Is a relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 of the Decree 152/2020/ND-CP.

- Obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.

- Takes charge of establishing a commercial presence.

- Is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for the following purposes:

+ Teaching, research;

+ Acting as a manager, executive, principal, deputy principal of an educational institution, which is established in Vietnam under a proposal of a foreign diplomatic mission or intergovernmental organization.

Which foreign entities are not required to have the work permit in Vietnam? - image from internet

Which agencies have competency for certification of exemption from work permit in Vietnam?

Pursuant to Article 8 of the Decree 152/2020/ND-CP (amended by Clauses 13.b, Article 1 of the Decree 70/2023/ND-CP) stipulating certification of exemption from work permit:

Certification of exemption from work permit

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.

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As regulated above, 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.

What is the validity period of a work permit in Vietnam?

Pursuant to Article 10 of the Decree 152/2020/ND-CP stipulating the validity period of a work permit in Vietnam:

Validity period of a work permit

The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:

1. Validity period of the employment contract to be signed.

2. Duration of the foreign worker’s assignment in Vietnam.

3. Duration of the contract or agreement concluded between Vietnamese and foreign partners.

4. Duration of the service contract or agreement concluded between Vietnamese and foreign partners.

5. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.

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As regulated above, the validity period of a work permit shall not exceed 2 years.

Best regards!