A work permit is a document that allows a foreign worker to work legally in Vietnam. This is also an important document for a foreign worker to apply for a temporary residence card in Vietnam. From February 15, 2021, Decree 152/2020/ND-CP officially took effect, with changes to cases where a foreign worker is exempt from a work permit.
Pursuant to Article 154 of the Labor Code 2019, Article 7 of Decree 152/2020/ND-CP, there are the following cases where a foreign worker is exempt from a work permit:
| No | Cases | New regulations compared to Labor Code 2012 |
| 1 | The owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong. | Add regulations on value of contributed capital |
| 2 | The Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong. | Add regulations on value of contributed capital |
| 3 | The manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam | Add case of the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam |
| 4 | Enters Vietnam for a period of less than 03 months to do marketing of a service | Regulations do not change |
| 5 | Enters Vietnam for a period of less than 03 months to resolve a complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam. | Regulations do not change |
| 6 | Foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers | Regulations do not change |
| 7 | Gets married with a Vietnamese citizen and wishes to reside in Vietnam | New regulations |
| 8 | One of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory | Regulations do not change |
| 9 | Intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services. | Regulations do not change |
| 10 | Enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries. | Regulations do not change |
| 11 | Granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law. | Regulations do not change |
| 12 | Sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory. | Change “international organization in Vietnam” to “United Nations; or of a facility established under an agreement to which Vietnam is a signatory” |
| 13 | A volunteer who voluntarily works in Vietnam to implement an international treaty to which the Socialist Republic of Vietnam is a signatory with certification of a foreign diplomatic mission or international organization in Vietnam. | Regulations do not change |
| 14 | Enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of fewer than 30 days and up to 3 times a year. | Change the limit on cumulative time to limit the number of times you come to Vietnam to work in 1 year |
| 15 | Enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law | Regulations do not change |
| 16 | Student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship. | Add case of trainees doing internships on Vietnamese ships |
| 17 | Relative of a member of foreign representative body in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives. | Change the condition “exemption from work permit” to “authorized to work in Vietnam” |
| 18 | obtains an official passport to work for a regulatory agency, political organization, or socio-political organization | Regulations do not change |
| 19 | takes charge of establishing a commercial presence. | New regulations |
| 20 | Certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose. | Eliminate the condition that the place where teaching and research conducted must be at educational and training institutions in Vietnam |
Legal basis:
- Labor Code 2019;
- Labor Code 2012;
- Decree 152/2020/ND-CP on foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam;
- Decree 140/2018/ND-CP amending and supplementing Decrees related to business investment conditions and administrative procedures under the scope of state management of the Ministry of Labor, War Invalids and Social Affairs.
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