What are cases of work permit exemption for foreign employees in Vietnam?

What are cases of work permit exemption for foreign employees in Vietnam? (Internet image)

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

What are cases of work permit exemption for foreign employees in Vietnam? 

According to Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP (amended in Decree 70/2023/ND-CP), a foreign employee is not required to have the work permit in Vietnam if:

- He/she is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.

- He/she is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.

- He/she is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

- He/she enters Vietnam for a period of less than 03 months to do marketing of a service.

- He/she enters Vietnam for a period of less than 03 months to a resolve 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.

- He/she is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

- He/she falls one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

- He/she gets married with a Vietnamese citizen and wishes to reside in Vietnam.

- Other circumstances specified by the Government.

- 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 or act as a manager or executive at an educational institution, which is established in Vietnam under a proposal of a foreign diplomatic mission or intergovernmental organization; or of a facility which is established under international treaties 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 the following purposes:

+ Teaching, research;

+ Acting as a manager, executive, principal, deputy principal of an educational institution, which is established in Vietnam under a proposal of a foreign diplomatic mission or intergovernmental organization.

Ho Quoc Tuan

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