Vietnam: Certification of foreign workers eligible for exemption from work permit

According to Circular No. 23/2017/TT-BLĐTBXH of the Ministry of Labour, War Invalids and Social Affairs of Vietnam, certification of foreign workers eligible for exemption from work permit is as follows:

1. At least 05 working days before the planned date on which foreign workers start working for the employer, the employer must submit the declaration and application for certification of foreign workers eligible for work permit exemption in accordance with regulations in Clause 3 Article 8 of Decree No. 11/2016/ND-CP of Vietnam’s Government online to the work permit licensing authority through the website, excluding the cases prescribed in Clauses 4, 5 Article 172 of the Labour Code and Point e Clause 2 Article 7 of Decree No. 11/2016/ND-CP.

2. Within 03 working days from the receipt of the declaration and application for certification of foreign workers eligible for work permit exemption which are conformable with the law regulations, the work permit issuing authority shall give a response by sending an email to the employer. 

If the declaration and application for certification of foreign workers eligible for work permit exemption are not conformable with the law regulations, the work permit issuing authority shall send an email which indicates reasons thereof to the employer.

3. After receiving a response indicating that the application for certification of foreign workers eligible for work permit exemption is conformable with the law regulations, the employer shall by hand or by post submit the original application for certification of foreign workers eligible for work permit exemption to the work permit issuing authority for verification and retention as regulated by law.

Not later than 8 working hours from the receipt of the original application for certification of foreign workers eligible for work permit exemption, the work permit issuing authority must give processing results to the employer. The employer may receive processing results by hand or by post via the employer’s registered address.

4. In case the original application for certification of foreign workers eligible for work permit exemption does not match with the declaration and application for certification of foreign workers eligible for work permit exemption sent online through the website, the work permit issuing authority shall give a written response or send an email or directly notify such issue to the employer.

Circular No. 23/2017/TT-BLĐTBXH of the Ministry of Labour, War Invalids and Social Affairs of Vietnam takes effect from October 02, 2017.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE