CASES OF WORK PERMIT EXEMPTION FOR FOREIGNERS (PART 2)

In certain cases, foreign employees are exempt from obtaining a Work Permit (WP) while working in Vietnam. However, employers are still responsible for either notifying the authorities or applying for a Certificate of Work Permit Exemption. This article clarifies which cases only require a notification to the competent authority and which cases require an application for a Certificate of Work Permit Exemption.

Notification Procedure

Applicable cases

The employer is only required to notify the competent authorities in the following cases:

• Owners or capital-contributing members of a Limited Liability Company with a contribution value of VND 3 billion or more;
• Chairpersons or members of the Board of Directors of a Joint Stock Company with a contribution value of VND 3 billion or more;
• Individuals responsible for establishing a commercial presence in Vietnam;
• Heads of representative offices, project heads, or persons responsible for the operations of international organizations or foreign NGOs in Vietnam;
• Managers, executive directors, experts, or technical workers entering Vietnam for a total duration of less than 90 days per year;
• Foreign employees entering Vietnam for a period of less than 03 months to offer services or to handle complicated technical or technological incidents that local experts cannot handle;
• Foreigners married to Vietnamese citizens and residing in Vietnam;
• Relatives of members of foreign diplomatic missions in Vietnam who are permitted to work in accordance with international treaties to which Vietnam is a party;
• Foreign journalists engaging in information and press activities in Vietnam and certified by the Ministry of Foreign Affairs;
• Foreign lawyers who have been granted a license to practice in Vietnam.

Implementation Process

The dossier consists of a notification letter from the employer. The notification must contain the following basic information: full name, date of birth, nationality, passport number, name of the employer, workplace, and duration of employment.

The notification must be submitted to the competent authority where the employee is expected to work at least 03 working days before the foreign employee commences work in Vietnam.

Issuance of Work Permit Exemption Certificate Procedure

Applicable cases

This procedure applies to all remaining cases of foreign employees who are exempt from work permits. In a detailed list of work permit exemption cases, please refer to our article:

https://linconlaw.vn/cases-of-work-permit-exemption-for-foreigners/

Implementation Process

(i) Dossier Preparation

• Application form for Work Permit Exemption Certification;
• Medical certificate;
• 02 color photos;
• A valid passport;
• Documents proving that the foreign employee is not subject to a work permit.

(ii) Submission and Processing

The employer submits the application dossier to the competent authority in the location where the foreign employee is expected to work within 60 days and at least 10 days before the date on which the foreign employee commences work.

Within 05 working days from the date of receipt of a valid dossier, the competent authority will issue the certificate confirming that the foreign employee is not subject to a work permit.

In case the certificate is not granted, the competent authority must provide a written response stating the reasons within 03working days from the date of receipt of the complete dossier.