Application for exemption from work permit for foreigners in Vietnam

Application for exemption from work permit for foreigners in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Authority to grant certification of exemption from work permit in Vietnam

According to Clause 1, Article 8 of Decree 152/2020/ND-CP, 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. Application for exemption from work permit in Vietnam

According to Clause 3, Article 8 of Decree 152/2020/ND-CP, 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 Decree 152/2020/ND-CP;

Form No. 09/PLI

- A fitness to work certificate in accordance with clause 2 Article 9 of Decree 152/2020/ND-CP.

- 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;

- Any document mentioned in points b, c and dd of Clause 3, Article 8 of Decree 152/2020/ND-CP 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.

3. Procedures for certifying the eligibility for exemption from a work permit in Vietnam

Procedures for certifying the eligibility for exemption from a work permit under Clauses 2 and 4, Article 8 of Decree 152/2020/ND-CP are as follows:

- 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 Decree 152/2020/ND-CP, 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 of Decree 152/2020/ND-CP. If a certification of exemption from work permit is re-issued, the corresponding validity period is up to 2 years.

- 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 Decree 152/2020/ND-CP. If the application is rejected, a written explanation is required.

Form No. 09/PLI

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