HOW TO OBTAIN VIETNAM WORK PERMIT EXEMPTION

Normally, all foreigners looking to perform work in Vietnam are required to obtain a work permit. Due the Decree 152/2020/ND-CP and changing in Decree 70/2023/ND-CP, there are 20 cases that which foreign labor workers do not need apply for Work Permit. However, it does not mean that both employers the foreign employees do not take any action. Full procedure 03 steps must be followed like work permit case, except special ones that not need to prove the demand of using foreign labor workers. The exemption application will be submitted to the local Department of Labor, Invalid and Social Affairs as usual. In this article, Visa5s.com will help in sharing how to obtain Work permit exemption certificate, from information about legal basis, provisional of documents and document preparation guidance.

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VIETNAM WORK PERMIT EXEMPTION CASES

According to the newest regulations for Vietnam Work permits (Decree 70/2023/ND-CP taking effect from 18 September 2023), foreign labor workers are in cases for work permit exemption as follows:

LEGAL BASIS	DETAILED EXEMPTION CASES FOR FOREIGNERS FROM 2024
VIETNAM LABOUR CODE *(CHAPTER XI – SECTION 3 - ARTICLE 154)*	Foreign workers marry to Vietnamese citizens
	Foreign workers are the head of a representative office, or project, or are primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam.
	Foreign workers are in Vietnam for less than three months to offer services.
	Foreign workers are in Vietnam for a period of less than 3 months to handle problems and complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and foreigners currently in Vietnam cannot handle. If the time for the said matters is more than 03 months, they have to apply for a work permit.
	Foreign lawyer who has been granted a license to practice law in Vietnam according to the provisions of Lawyers Law.
	Other cases decided by the Prime Minister at the proposal of the Ministry of Labor - Invalids and Social Affairs
DECREE 152/2020/ND-CP *(CHAPTER 2 - SECTION 2 - ARTICLE 7)*	Foreign workers are the owners or capital contributors of a limited liability company.
	Foreign workers are chairpersons or members of the Board of Directors of a joint stock company with a contributed capital value of VND 3 billion or more.
	Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Vietnam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education, environment, finance, healthcare, tourism, cultural entertainment and transport.
	Foreign workers are in Vietnam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Viet Nam and other countries.
	Foreign workers who are issued with a license for the practice of journalism in Viet Nam by the Ministry of Foreign Affairs in accordance with the law.
	Foreign workers assigned by a foreign authority to Vietnam to carry out lecturing or research activities at international schools managed by foreign diplomatic missions or the United Nations, or at establishments or institutions established under agreements that Vietnam has signed or acceded to.
	Foreign workers who are volunteers certified by foreign diplomatic missions or international organizations in Viet Nam.
	Foreign workers are in Vietnam to work as experts, managers, executive directors, or technical employees within a period of less than 30 days and no more than 90 cumulative days in 01 year.
	Foreign workers are in Vietnam to implement international agreements to which central and local state agencies are signatories as prescribed by the law.
	Foreigner are students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam.
	Family members of diplomatic agents of foreign diplomatic missions in Viet Nam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Viet Nam is a signatory that contains provisions different from this.
	Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations.
	Other cases decided by the Prime Minister at the proposal of the Ministry of Labor - Invalids and Social Affairs.

PROVISION OF DOCUMENTS FOR WORK PERMIT EXEMPTION

Foreign workers transferred within an enterprise must provide an appointment letter of the foreign enterprise assigning the worker to work in the commercial presence of the foreign enterprise within the territory of Viet Nam. A proof of employment for the enterprise for at least 12 months prior to working in Viet Nam is also needed;
Foreign workers whose performances are any of the following types of contract, namely economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational training or medical health contracts, must provide a contract or agreement between Vietnamese and foreign partners. An agreement on the foreign worker working in Viet Nam is also needed;
Foreign workers providing services under contract must provide a service contract between Vietnamese and foreign partners and a proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 02 years;
Foreign workers offering services must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision;
Foreign workers working for a foreign non-governmental organization which is permitted to operate pursuant to the law of Viet Nam, must provide a certificate of the foreign non-governmental organization and international organization permitted to operate in accordance with Viet Nam law;
Foreign workers responsible for establishing commercial presence must provide a written appointment letter of the service provider assigning the foreign worker in Viet Nam to establish a commercial presence of the service provider;
Foreign workers whose job titles are Manager, Executive Director, Expert or Technical engaging in activities of the foreign enterprise, which have established a commercial presence in Viet Nam, must provide proof that the foreign worker has engaged in activities of the foreign enterprise.

REQUIRED DOCUMENTS FOR VIETNAM WORK PERMIT EXEMPTION

According to the requirements of Decree 70/2023/ND-CP, cases applying for confirmation of work permit exemption need to fully follow 03 steps. In particular, from January 1, 2024, enterprises must post labor vacancies on the website of the Employment Department or the Employment Service Center. Please see Visa5s.com procedure guidance at DETAILED STEPS FOR WORK PERMIT EXEMPTION APPLICATION

Below table shows how foreign expatriates and their company prepare on the required documents:

No	Checklist documents for Work permit exemption certificate	How to prepare the required documents
1	Job position approval letter (if required)	Follow the below step-by-step: Register an account on the job posting website of the Department of Employment. Conduct job posting according to law (filling all required information and upload documents, then wait until 15 days to finish job posting procedure. The company explains the demand using foreign workers to the Department of Labor in the province/city. After 10 working days, the company will received the answer from Dolisa for the approval or rejection.
2	Form No. 09/PLI Appendix I	Signed and sealed by the representative of the company.
3	Proof of eligibility for work permit exemption based on each case	01 notarized true copy; 01 certified translation into Vietnamese (if not in Vietnamese); Documents issued abroad MUST be consular legalization.
4	Health check certificate	Conclusion: Having good health to work in Vietnam; If doing health checks in Vietnam: must be done at hospitals/ clinics that allow to perform health checks for Work permit purpose; If doing abroad: must be consular legalization.
5	Passport	Notarized true copy at Notarized copy at the Justice Department/ People's Committee/ Notary Office; Photocopy with the company’s confirmation.

WHAT HAPPEN IF FOREIGNERS WORK IN VIETNAM WITHOUT WORK PERMIT?

The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one.

If employers employ any foreigner without a work permit, with an outdated one, or without confirmation issued by the competent authority of work permit exemption, the employers will be subject to penalty ranges as follows: