Cases of exemption from work permits in Vietnam 2023

Cases of exemption from work permits in Vietnam 2023 (Internet image)

1. Are foreign employees working in Vietnam required to have a work permit?

A foreign employee means a person who has a foreign nationality in Vietnam and:

- is at last 18 years of age and has full legal capacity;

- has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;

- is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;

- has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.

(Clause 1, Article 151 of the Labor Code 2019)

2. Cases of exemption from work permits in Vietnam 2023

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

- 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.

- 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.

- 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.

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

- 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.

- He/she is a volunteer as specified in clause 2 Article 3 of Decree 152/2020/ND-CP.

- 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.

- He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law

- 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.

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

- He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.

- He/she takes charge of establishing a commercial presence.

- He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.

(Article 7 of Decree 152/2020/ND-CP)

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