How to get Vietnam work permit exemption certificate

Most foreigners wishing to work in Vietnam require a work permit, which is a legal document authorizing its holders to engage in employment and receive compensation from a company in Vietnam.

However, in certain circumstances, a foreigner may work in Vietnam without a work permit, but a work permit exemption certificate. This certificate is equivalent to the work permit, valid for up to 2 years and also serves as basis to apply for a temporary residence card.

So,

Let’s learn in this article.

Who are Eligible for Vietnam Work Permit Exemption?

Pursuant to Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code 45/2019/QH14 and Article 7 Decree No. 152/2020/ND-CP, if the foreigners are included in one of the scenarios listed below, they may be eligible for work permit exemption in Vietnam.

1. Foreigners being owner or capital contributor of a limited liability company with a capital contribution of at least VND 3 billion;
2. Foreigners being chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution of at least VND 3 billion;
3. Foreigners being Heads of representative offices, projects, or persons otherwise taking main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam;
4. Foreigners entering Vietnam and staying in the country for less than 3 months to offer services;
5. Foreigners entering Vietnam and staying in the country for less than 3 months to deal with complicated technical or technological problems that adversely impact or are likely to have adverse impacts on production and business operations and cannot be fixed by Vietnamese and foreign experts who are currently in Vietnam;
6. Foreign lawyers holding a professional practice license in Vietnam in accordance with the Law on Lawyers;
7. Foreigners who get married with Vietnamese citizens and wish to reside in Vietnam;
8. Foreign workers who are internally reassigned in the companies which engage in 11 service industries in the Vietnam’s WTO commitments on services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation;
9. Foreign workers entering Vietnam to provide professional and technical advisory services or perform other tasks serving the research, construction, appraisal, assessment, management and execution of programs and projects funded by ODA according to the International Treaties on ODA between the competent authorities of Vietnam and other countries;
10. Foreign workers issued with the licenses for the practice of communications or journalism in Vietnam by the Ministry of Foreign Affairs;
11. Foreign workers appointed by foreign agencies or organizations to teach or do research in international schools managed by foreign diplomatic missions or the United Nations; offices or organizations established according to the agreements executed or participated in by Vietnam;
12. Foreign volunteers entering Vietnam to perform work without any remuneration in accordance with international treaties to which the Socialist Republic of Vietnam is a member and getting certified by a foreign diplomatic mission or international organization in Vietnam;
13. Foreigners entering Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of less than 30 days and 03 visits to Vietnam per year at maximum;
14. Foreigners entering Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law;
15. Students who are currently studying at a school or training establishment overseas and have an agreement for practical training at an agency, organization or enterprises in Vietnam, or students performing practical training on Vietnamese vessels;
16. Relatives of members of a foreign diplomatic mission in Vietnam who are permitted to work according to an international treaty to which Vietnam is a member;
17. Foreigners holding Official Passports and entering Vietnam to work in state agencies, political organizations or sociopolitical organizations;
18. Foreigners in charge of establishing commercial presence;
19. Foreigners certified by the Ministry of Education and Training as entering Vietnam to carry out teaching and research;
20. The cases included in the International Treaties to which Vietnam is a member.

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Where to Obtain Vietnam Work Permit Exemption Certificate?

The Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs is the agency authorized to certify foreign workers exempt from work permits.

How to Get Work Permit Exemption Certificate in Vietnam?

The application for work permit exemption certificate should be prepared at least 30 days before expected date of the work start by the foreign employee.

And here comes the procedure with 4 steps that the employers need to follow to get a work permit exemption certificate in Vietnam.

Step 1. Obtain Approval of demand on employing foreign employees

This step should be done at least 30 days before the expected date of work start by the foreign employee.

In this step, the employer shall prepare:

• Registration form for demand on using foreign workers (Form No. 01/PLI under the Decree No. 152/2020/ND-CP or Form No. 02/PLI in case of changes of demand on using foreign workers);
• Certified copy of business registration;
• Letter of attorney in case the submitter is not the company’s legal representative.

And then, this set of documents will be submitted to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province where the employing company is located.

The employer shall then receive the Approval or Non-approval with detailed reasons in Form No. 03/PLI. The processsing time is 10 working days.

Step 2: Prepare documents for applying for work permit

For this step, you need to prepare:

• Request form for confirming the foreign employee is eligible for work permit exemption (Form 09/PLI as appendix 1 of the Decree 152);
• Original or certified copy of Vietnam health check; or certified translation of the legalized health check if issued abroad;
• Original or certified copy of Approval of Demand on using foreign employees (obtained in step 1), if required;
• Certified copy of valid passport;
• Proof of eligibility for work permit exemption (01 original or 01 certified copy. Documents issued in foreign countries should be legalized and translated into Vietnamese and in accordance with regulations of Vietnam).

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Step 3: Submit documents

This should be done at least 10 days prior to the date when the foreign employee is expected to start his/her work at the company.

In this step, the employer shall submit the prepared documents to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs in the province where the foreigner is expected to work.

Step 4. Receive result

After 5 working days of receiving full valid documents, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall confirm a work permit exemption (also known as work permit exemption certificate) or state the reasons why the employee is ineligible in Form No. 10/PLI).

Here is an example of Vietnam work permit exemption certificate.

In case the foreigner is not eligible for work permit exemption, the employer will need to follow to get a valid work permit for his/her working in Vietnam.

Important notes:

1. The following cases are exempted from step 1, i.e the procedure to get approval of demand on using foreign employees:

• Foreigners being Heads of representative offices, projects, or persons otherwise taking main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam;
• Foreigners entering Vietnam and staying in the country for less than 3 months to deal with complicated technical or technological problems that adversely impact or are likely to have adverse impacts on production and business operations and cannot be fixed by Vietnamese and foreign experts who are currently in Vietnam;
• Foreigners entering Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law;
• Students who are currently studying at a school or training establishment overseas and have an agreement for practical training at an agency, organization or enterprises in Vietnam, or students performing practical training on Vietnamese vessels;
• Foreigners holding Official Passports and entering Vietnam to work in state agencies, political organizations or sociopolitical organizations;
• Foreigners in charge of establishing commercial presence;

2. The following cases are exempted from steps 2 to 4, i.e the procedure to get work permit exemption certificate:

• Foreign lawyers holding a professional practice license in Vietnam in accordance with the Law on Lawyers;
• Foreigners who get married with Vietnamese citizens and wish to reside in Vietnam;

The employer shall, in those cases, at least 3 days prior to the expected date of work start by the foreigner, report to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs in province where the foreigner is expected to work, specify: full name, age, nationality, passport number of the foreigner and name of the employer.

(Legal ground: Article 8 Decree 152/2020/ND-CP)

3. The following cases are exempted from full procedure mentioned above:

• Foreigners being owner or capital contributor of a limited liability company with a capital contribution of at least VND 3 billion;
• Foreigners being chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution of at least VND 3 billion;
• Foreigners entering Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of less than 30 days and 03 visits to Vietnam per year at maximum;
• Relatives of members of a foreign diplomatic mission in Vietnam who are permitted to work according to an international treaty to which Vietnam is a member;
• Foreigners entering Vietnam and staying in the country for less than 3 months to offer services;

The employer is, in those case, also required to follow the same provisions as in case of exemption from the procedure to get a work permit exemption certificate.

Should you need any consultation for Vietnam work permit exemption, check whether you are eligible for work permit exemption, or want to get your work permit exemption certificate smoothly, feel free to contact us at +84.946.583.583, [email protected] or leave your contact details below. We are very happy to assist you.

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