How is the procedure for confirming the exemption of work permits for foreigners?

1. How is the procedure for confirming the exemption of work permits for foreigners?

Whether exempted from work permits or not within the scope of work permit issuance, the procedure for confirming foreign workers not subject to work permit issuance must still be carried out at the competent state authority.

According to Article 8 of Decree 152/2020/ND-CP detailing the procedures for applying for confirmation of foreign workers not subject to work permits as follows:

Step 1: The employer prepares the dossier and submits it to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work to confirm that the foreign worker does not fall within the scope of work permit issuance at least 10 days before the foreign worker starts working.

Step 2: Within 05 working days from the time of receiving the full dossier, the receiving agency has a document confirming that the foreign worker does not fall within the scope of work permit issuance (referred to as the Confirmation Document).

2. What does the dossier requesting confirmation of not being subject to work permits include?

According to Clause 3 of Article 8 of Decree 152/2020/ND-CP detailing the dossier requesting confirmation of not being subject to work permits includes:

- A request for confirmation of foreign workers not subject to work permits according to Form 09/PLI in Appendix I issued with this Decree;

- Health certificate or health examination certificate as regulated in Clause 2 of this Decree;

- Approval letter for the need to use foreign workers except for cases where the need to use foreign workers is not specified;

- A copy with certified passport still valid according to legal regulations;

- Documents to prove that the foreign worker is not subject to work permit issuance;

- Documents specified in points b, c, and d of this clause are 01 original or certified copy, if foreign must be legalized, translated into Vietnamese and certified except for cases exempted from legalization by international agreements to which the Socialist Republic of Vietnam and relevant foreign countries are members or on the principle of reciprocity or as prescribed by law.