LATEST UPDATES ON VIETNAM WORK PERMIT EXEMPTION CERTIFICATE FOR FOREIGN LABOURS FROM FEBRUARY 2021

Friday, 22/01/21

Decree 152/2020/ND-CP regarding foreign workers working in Vietnam specifies the cases that the foreign worker is not required to be granted a work permit is effective from February 15, 2021. Pursuant to the Labor Code No.45/2019/QH14 and Decree No.152/2020/ND-CP, issued on December 30, 2020, officially effective from February 15, 2021, the following foreign workers are not required to be granted work permits:

Head of the representative office, project or responsible for the activities of international organizations, non-governmental organizations in Vietnam;
Foreign expatriates who come in Vietnam for less than 03 months to implement offering services;
Foreign workers who enter Vietnam for a period of less than 3 months to handle complicated incidents, technical or technological situations where Vietnamese experts and foreign experts currently in Vietnam are not capable to handle but will affect or threat to affect the production and business;
Foreign expatriates who are foreign lawyers licensed to practice law in Vietnam under the provisions of the Law on Lawyers;
Foreign workers entering Vietnam under the provisions of international treaties to which the Socialist Republic of Vietnam is a member;
Foreigners who marry Vietnamese citizens and reside in the Vietnamese territory;
Foreign national who is an owner or shareholder of limited liability company whose contributed investment is from and above 3 bilion VND;
Foreign national who is the president or member of board of directors of point-stock company whose contributed investment is from and above 3 bilion VND;
Foreign worker who is an internal-transfer employee among 11 sectors in services in the schedule of commitments between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, medical services, tourism services, recreational and cultural services, and transport services;
Foreign expatriates who are entering 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) fund in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries;
Foreign workers who are licensed by the Ministry of Foreign Affairs to practice press and communication activities in Vietnam according to the provisions of law;
Foreign workers who are sent by a foreign competent authority or organization to Vietnam to teach and reserch at an international school under management of a foreign diplomatic mission or the United Nations; or at an entity established under an agreement to which Vietnam is a signatory;
Foreign expatriates who are a volunteer. Namely, volunteers who are foreign workers working in Vietnam as an unpaid volunteer to implement international treaties to which the Socialist Republic of Vietnam is a member and certified by Foreign diplomatic missions or international organizations in Vietnam;
Foreign workers who enter Vietnam to working in positions as manager, executive, expert or technical worker whose work period is less than 30 days and no more than 3 times per year;
Foreign workers who enter Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law;
Foreign expatriates who is a student studying at a foreign school or training institution which has an internship agreement with an agency, organization or enterprise in Vietnam; or an intern or apprentice on a Vietnam marine ship;
Foreign workers who are family of a member of foreign diplomatic missions in Vietnam;
Foreign workers who have an official passport to work for a rgovernmental agency, political organization, or socio-political organization;
Foreign workers who enter Vietnam to establish a commercial presence;
Foreign workers who are certified by the Ministry of Education and Training to enter Vietnam for teaching and researching purposes.

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LATEST UPDATES ON VIETNAM WORK PERMIT EXEMPTION CERTIFICATE FOR FOREIGN LABOURS FROM FEBRUARY 2021

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