What are the current cases of work permit exemption for foreigners in Vietnam? 1

iGuide Stories

What are the cases where foreign nationals are exempt from work permits in Vietnam?

This article provides detailed information on the cases in which foreign nationals may be exempt from work permits when working in Vietnam. Learn about the specific conditions and circumstances that Vietnamese law stipulates in order to apply for exemption from work permits. This is important information to help foreign workers understand their rights and better prepare for work in Vietnam.

First, it is necessary to determine that a work permit is a document that allows foreign nationals to work legally in Vietnam.

"Exemption from work permit" is understood according to the provisions of labor law as the case of foreign workers working in Vietnam not subject to the issuance of work permits.

According to Article 154 of the Labor Code 2019 guided by Article 7 of Decree 152/2020 / ND-CP detailing the cases of foreign workers not subject to the issuance of work permits as follows:

- Being the owner or contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.

- Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.

- Moving within the internal enterprise of 11 service sectors in the service commitment schedule of Vietnam to the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment, and transportation.

- Head of office representative, project, or responsible for the activities of an international organization, non-governmental organization in Vietnam.

- To enter Vietnam for a period of less than 03 months to conduct service sales.

- To enter Vietnam for a period of less than 03 months to handle incidents, technical situations, and complex technologies that arise that affect or may affect production, business that Vietnamese experts and foreign experts currently in Vietnam cannot handle.

What are the current cases of work permit exemption for foreigners in Vietnam? 2

- Foreign lawyers who have been granted a license to practice law in Vietnam according to the provisions of the Lawyers Law.

- Cases under the provisions of international conventions of which the Socialist Republic of Vietnam is a member.

- Foreigners married to Vietnamese nationals and living on Vietnamese territory.

- To enter Vietnam to provide expertise and technical advisory services or carry out other tasks to serve research, construction, assessment, monitoring, evaluation, management, and implementation of programs, projects using official development assistance (ODA) sources according to regulations or agreements in international ODA treaties signed between competent authorities of Vietnam and foreign countries.

- Issued a permit to operate information, press in Vietnam by the Ministry of Foreign Affairs according to legal provisions.

- Officials, organizations authorized by foreign countries to be sent to Vietnam to teach, research at international schools under the management of foreign diplomatic representations or the United Nations; establishments, organizations established under agreements that Vietnam has signed, participated in.

- Volunteer as stipulated in Clause 2 Article 3 of this Decree.

- To work in Vietnam as a manager, CEO, expert, or technical worker with a working time of less than 30 days and not more than 03 times in 01 year.

- Entering Vietnam to implement international agreements signed by central, provincial-level agencies according to legal provisions.

- Students currently studying at foreign schools agreed internship in organizations, businesses in Vietnam; trainees, apprentices on Vietnamese ships.