This is a notable content of the Decree No. 152/2020/NĐ-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
Article table of contents
According to Article 7 of the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government and Point 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code 2019 of Vietnam, below are cases that foreign workers exempt from work permits in Vietnam:
1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong. (The new provision requires a capital contribution value of at least 3 billion dong)
2. He/she 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. (The previous provision only requires that the foreign worker is a member of the Board of Directors of a joint-stock company)
3. He/she 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.
4. He/she 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.
5. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.
6. He/she is sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.
7. He/she is a volunteer specified in Clause 2 Article 3 of the Decree No. 152/2020/NĐ-CP.
8. He/she 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.
9. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law.
10. He/she 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. (the Decree No. 11/2016/NĐ-CP does not prescribe probationer or apprentice on a Vietnam sea-going ship)
11. He/she is a relative of a member of foreign representative body in Vietnam as specified in Point l Clause 1 Article 2 of the Decree No. 152/2020/NĐ-CP.
12. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.
13. He/she takes charge of establishing a commercial presence. (New provision)
14. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purposes. (New provision)
15. He/ she is the manager of a representative office, project or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.
16. He/she enters Vietnam for a period of less than 03 months to do marketing of a service.
17. He/she enters Vietnam for a period of less than 03 months to resolve a 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.
18. He/she is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.
19. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
20. He/she gets married with a Vietnamese citizen and wishes to reside in Vietnam. (New provision)
More details at the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, effective from February 15, 2021.
Le Hai
- Key word:
- Decree No. 152/2020/NĐ-CP
