WORK PERMIT EXEMPTION CERTIFICATE

No 

WORK PERMIT EXEMPTION CASES FOR FOREIGN LABOURS

CONDITIONS

1

Foreigners marry Vietnamese citizens with complete legal documents.

• Marriage certificate issued by a foreign or Vietnamese authority

2

He/she is the owner or a capital contributor of a limited liability company.

• Investment certificate or capital contribution member certificate;
• Business registration certificate.

3

He/she is the chairperson or a member of the Board of Directors of a joint stock company with a contributed capital value of VND 3 billion or more.

• Investment certificate or capital contribution member certificate, showing the capital contribution is $3 billion or more;
• Letter of appointment of the chairman of the board of directors or a member of the board of directors.

4

He/she is an intra-corporate transferee in the 11 service sectors listed in Vietnam’s Schedule of World Trade Organization Commitments on Services, including business services, communication services, construction and related engineering services, distribution services, educational services, environmental services, financial services, health-related and social services, tourism and travel-related services, recreational, cultural, and sporting services, and transport services.

• Appointment letter from the parent company sending employees to work at the subsidiary in Vietnam and confirming that the foreigner has worked at the parent company for at least 12 months;
• The company's business field must be in the 11 service industries Vietnam has committed to with the WTO.

5

He/she is the head of a representative office, project, or is primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam.

• License to establish a representative office or project with a foreigner's name shown on the establishment license;
• Establishment license of an international organization or non-governmental organization.

6

He/she enters Vietnam for less than three months to offer services.

• Providing Vietnam visas and entry carpentry

7

He/she enters 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.

• Certificate certifying that the foreigner has only worked in Vietnam for less than 3 months to handle specific technical problems, clearly stating the reason why Vietnam does not have any experts to handle the problem.

8

He/she is a foreign lawyer who has been granted a license to practice law in Vietnam according to the provisions of Lawyers Law.

• License to practice law in Vietnam.

9

He/she enters Vietnam to provide professional and technical consultancy services or perform other tasks to serve research, formulation, appraisal, monitoring and evaluation, management, and implementation of programs or projects funded with official development assistance (ODA) loans under regulations or agreements in ODA treaties concluded between competent authorities of Vietnam and foreign countries.

• Certificate of establishment of the ODA project in Vietnam.

10

He/she is granted by the Ministry of Foreign Affairs a license to carry out media and press activities in Vietnam in accordance with the law.

• A license to practice journalism issued by the Ministry of Foreign Affairs of Vietnam.

11

He/she is sent 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.

• A job appointment letter is issued by a competent foreign agency or organization;
• Applicable only to teachers, managers, and executives.

12

Volunteers are foreign workers who work in Vietnam voluntarily and without salary to implement international treaties to which the Socialist Republic of Vietnam is a member and have confirmation from an agency. Foreign diplomatic representatives or international organizations in Vietnam.

• Have a certificate certifying that the foreign worker will work in Vietnam in a volunteer, voluntary, or unpaid position;
• This confirmation must be signed and stamped by the Embassy or Consulate General of the convention or international organization in Vietnam.

13

He/she enters Vietnam to work as a manager, an executive, an expert, or a technical worker for fewer than 30 days per entry and with no more than 3 entries in a year.

• Certificate of foreigner working in Vietnam for less than 30 days, no more than 3 times in 1 year.

14

He/she enters Vietnam to implement international agreements concluded by central- or provincial-level agencies or organizations in accordance with the law.

• International agreements were signed by leaders at the central and provincial levels.

15

He/she is a student in an overseas school or training institution that has agreements on apprenticeship in agencies, organizations, or enterprises in Vietnam, or is an apprentice on board a Vietnamese seagoing ship.

• A letter to send foreigners to Vietnam as interns;
• Certificate of student status;
• Student card.

16

He/she is a family member of a staff member of a Vietnam-based foreign representative mission as defined at Point L, Clause 1, Article 2 of this Decree.

• Marriage certificate, family book
• Certificate of employment of the foreigner who is a member of the Embassy or Consulate.

17

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

• Official passports;
• Employment confirmation was issued by the Embassy or Consulate.

18

He/she is a person responsible for establishing a commercial presence.

• Investment certificate;
• Business registration certificate or license to establish a representative office, branch, or executive office.

19

He/she is certified by the Ministry of Education and Training as a foreigner entering Vietnam to carry out the following tasks:

• Lecturing and research activities;
• Acting as a manager, executive director, principal, or vice principal of an educational institution proposed to be established in Vietnam by a foreign diplomatic mission or intergovernmental organization.

• Document confirmed by the Ministry of Education and Training of Vietnam.

20

In cases under the provisions of international treaties to which Vietnam is a member.

• Document implementing international treaties to which Vietnam is a member.

STEPS

DETAILED INSTRUCTIONS FOR WORK PERMIT EXEMPTION 2024

PROCESSING TIME

Step 1

According to the requirements of Decree 70/2023/ND-CP, cases of applying for confirmation of work permit exemption need to fully follow 03 steps. In particular, from January 1, 2024, it is mandatory for enterprises to post labor vacancies on the website of the Employment Department or the Employment Service Center. This job helps create maximum favorable conditions for Vietnamese workers to have the opportunity to access job opportunities.

Steps in the job posting process:

• Register an account on the job posting website of the Department of Employment at https://vieclamhcm.com.vn/
• Conduct job posting according to law:

• Fill in all information on the recruitment website and attach the recruitment letter signed and stamped by the enterprise.
• Time for job posting: as soon as possible according to the needs of the company or at least 15 days before the expected date of the explanatory report.
• The job posting process lasts 15 days from the date of approval. During this process, the Job Placement Center will recommend candidates who match the company's recruitment requirements. And the company must respond to the results of candidate interviews referred by the Center.

(The guidance is detailed in Official Dispatch 6932/TTDVVL-GTVL)

15 working days

Step 2

After the end of the job posting process, the enterprise still cannot find any suitable candidates from the Job Placement Center, it will continue to report to explain for the demand using foreign workers to the Department of Labor in the province/city.

10 working days

Step 3

The enterprise submits applications for Vietnam Work Permit Exemption certificate.

05 working days

REQUIRED DOCUMENTS FOR WORK PERMIT EXEMPTION

PROCEDURE

FOREIGN LABOUR WORKERS MARRIED TO VIETNAMESE CITIZEN

1. Form No. 09/PLI Appendix I;
2. The Marriage certificate issued by a competent agency of Vietnam or a foreign country;
3. Health certificate issued by Vietnam or a competent agency, hospital, or clinic abroad;
4. Certified copy passport or certified copy by the enterprise.

• Do not require enterprises to explain the need to employ foreign workers (i.e. skip steps 1,2 in the above process).
• In this case, the foreign worker is not required to carry out procedures to confirm that the foreign worker is not eligible for a work permit but must report information to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker plans to work, the following information according to Form No. 09/PLI Appendix I.

MEMBERS CONTRIBUTE CAPITAL OF LIMITED LIABILITY COMPANIES

1. Form No. 09/PLI Appendix I;
2. Business License of the company;
3. Investment certificate or capital contributing member certificate;
4. Health certificate issued by Vietnam or a competent agency, hospital, or clinic abroad;
5. Certified copy passport or certified copy by the enterprise.

Fully implement 03 steps in the process of applying for work permit exemption:

• Step 1: Perform labor recruitment
• Step 2: Determine the need to employ foreign workers
• Step 3: Submit the application for work permit exemption certificate

CHAIRMAN / MEMBER OF THE BOARD OF DIRECTORS OF A JOINT-STOCK COMPANY WITH A CAPITAL CONTRIBUTION VALUE OF 3 BILLION VND OR MORE

1. Form No. 09/PLI Appendix I;
2. Investment certificate or certificate of capital contributing members, showing that the contributed capital is from VND 03 billion or more;
3. Letter of appointment of the Chairman of the Board of Directors or a member of the Board of Directors;
4. Health certificate issued by Vietnam or a competent agency, hospital, or clinic abroad;
5. Certified copy passport or certified copy by the enterprise.

• Enterprises do not need to post jobs and explain the needs of foreign workers.
• Directly submit a dossier to report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs about the enterprise having this case working at the company and complying with the provisions of law.

INTERNAL MOBILITY OF ENTERPRISES WITHIN 11 SERVICE SECTORS OF VIETNAM WITH WTO

1. Form No. 09/PLI Appendix I;
2. Investment certificate or certificate of capital contributing members, showing that the contributed capital is from VND 03 billion or more;
3. The letter of appointment of the parent company sending employees to work at the subsidiary in Vietnam, and at the same time confirming that the foreigner has worked at the parent company for at least 12 months;
4. Health certificate issued by Vietnam or a competent agency, hospital, or clinic abroad;
5. Certified copy passport or certified copy by the enterprise.

Fully implement 03 steps in the process of applying for work permit exemption:

• Step 1: Perform labor recruitment.
• Step 2: Determine the need to employ foreign workers.
• Step 3: Submit the application for work permit exemption

• The duration of the work permit exemption certificate is up to 02 years and not extended.
• Whether the employer wishes to recruit new or continue to recruit foreign workers who have been granted a work permit exemption certificate, it is mandatory to prepare the same documents as the first application.
• The certificate of work permit exemption in the case of foreign workers whose Vietnamese spouses will not be able to support the application for a Temporary Residence Card or a Long-term Visitor Visa.
• Not all cases require the need to apply for foreign workers, which greatly reduces the procedure load and time. Cases where there is no need to apply for the need to employ foreign workers as well as job postings as Visa5s.com share details in the order of steps to apply for work permit exemption for foreigners 2024.