Guidelines for application for exemption from work permit from February 15, 2021 in Vietnam

According to Article 8 of the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, the employer shall request the Ministry of Labor, War Invalids and Social Affairs of Vietnam 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. Required documents in an application for exemption from work permit:

- An application form for certification of exemption from work permit No. 09/PLI Appendix I appended to the Decree No. 152/2020/NĐ-CP;

- A fitness to work certificate in accordance with regulation.

- An acceptance of demand for foreign workers, unless it is not required;

- A valid certified true copy of passport as per the law;

- Documents justifying that the foreign worker is exempt from work permit;

Note: Any document mentioned above 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.

Thus, within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall issue a certification of exemption from work permit, using Form No. 10/PLI Appendix I appended to the Decree No. 152/2020/NĐ-CP. If the application is rejected, a written explanation is required.

More details at the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, effective from February 15, 2021.

Ty Na

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