Vietnam Work Permit Exemption

07 Oct 2015

Legal grounds

1. Labor Code No. 10/2012/QH13 dated 18 June 2012 taking effect effective date from 1 May 2013 (the “New Labor Code”).
2. Decree No. 102/2013/ND-CP dated September 5, 2013 – New Decree on foreigners working in Vietnam

The cases in which the foreign worker is exempt from applying for the work permit

1. As contributing member, or owners of limited liability company

2. As a member of the Board of Directors of the Joint Stock Company

3. As a Head of Representative Office, project of international organization, non-governmental organization in Vietnam.

4. Coming to Vietnam with a period of less than 03 months to offer services

5. Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam cannot be handled.

6. As a foreign lawyer who has been licensed to practice law in Vietnam under the Law on Lawyers.

7. Under the provisions of international agreement in which the Socialist Republic of Vietnam is a member

8. As students who are studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial state management agency on labor

9. Other cases in which the work permit is not issued:

a) The workers that are reassigned within the enterprises engaged in within 11 service industries in the commitment on services between Vietnam and WTO, including: business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment, and transportation;

The Ministry of Industry and Trade shall provide guidance on the basis and procedure for identifying reassigned foreign workers within 11 aforesaid service industries.

b) The workers enter Vietnam to technical advisory services or perform other tasks serving the research, development, appraisal, assessment, management, and execution of programs and projects funded by ODA according to the International Agreements on ODA between competent authorities of Vietnam and other countries;

c) The workers are issued with the license for the practice of journalism in Vietnam by the Ministry of Foreign Affairs;

d) The workers are teachers of foreign organizations that are sent to Vietnam by such organizations to teach in international schools under the management of foreign diplomatic missions or international organizations in Vietnam;

e) The workers are volunteers;

The workers are teachers of foreign organizations and The workers are volunteers must obtain the certification of the foreign diplomatic missions or international organizations in Vietnam.

f) The workers hold master’s degrees or higher and provide consultancy, teach or conduct scientific research at institutions of higher education or vocational colleges within 30 days;

The institutions of higher education or vocational colleges must make a written certification of the consultancy, teaching, and scientific research of the foreign workers.

g) The foreign workers enter Vietnam to implement international agreements to which central state agencies, local state agencies, and central socio-political organizations are signatories.

The central state agencies, local state agencies, and central socio-political organizations are signatories shall send written notifications to the agency authorized to issue work permits of the foreign workers’ entering Vietnam to implement the international agreements to which they are signatories.

h) Other cases decided by the Prime Minister at the request of the Minister of Labor, War Invalids and Social Affairs.

For those cases not belonging to aforementioned circumstances, please feel free to contact Vietnam-legal.com to get more information about Work Permit and Procedures to apply for Vietnam Work Permit:

GLOBAL CONSULTING SERVICES COMPANY

Address: 2th Floor, no 95 Cau Giay street, Cau Giay district, Hanoi, Vietnam

Tel: (+84) 4 35626100

Hotline: (+84) 988297732

Email: [email protected]

Website: Vietnam-legal.com