Different from domestic workers, foreign workers working in Vietnam have certain conditions and limitations. In which, having a work permit is a prerequisite that foreign workers must comply with. However, not all cases of foreign workers working in Vietnam require a permit. In order to facilitate and attract labor as well as investment capital, the law allows cases where foreigners work in Vietnam but are not eligible for a work permit, or in other words, be exempted from work permit. work permit.
20 cases where foreign workers are not subject to a work permit (work permit exemption):
Pursuant to the provisions of Article 154 of the Labor Code 2019, detailed instructions in Article 7 of Decree 152/2020/ND-CP, foreign workers are not required to apply for a work permit, including Includes 20 detailed cases as follows:
“1. Being the owner or capital contributing member of a limited liability company with a capital contribution value of VND 3 billion or more.
2.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.
3.Intra-enterprise movement within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment schools, finance, health, tourism, culture, entertainment and transportation.
4.Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring and evaluation, program management and implementation, projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
5. Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law.
6. To be sent to Vietnam by a competent foreign agency or organization to teach or conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
7. Volunteers specified in Clause 2, Article 3 of this Decree.
8.Entering Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 3 times in a year.
9. Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
10. Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies, organizations and enterprises in Vietnam; trainees and trainees on Vietnamese ships.
11. Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of this Decree.
12. Having an official passport to work for state agencies, political organizations, socio-political organizations.
13. Person responsible for establishing a commercial presence.
14. Being certified by the Ministry of Education and Training for foreign workers to enter Vietnam for teaching and research purposes.
15. To be the Head of a representative office or project or to take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
16. Enter Vietnam with a term of less than 3 months to make a service offering.
17.Entering Vietnam for less than 3 months to handle problems, technical situations, complicated technologies that affect or threaten to affect production and business that Vietnamese experts and experts in Vietnam have to deal with. Foreign countries currently in Vietnam cannot handle it.
18. Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
19. The case according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
20. Foreigners who marry Vietnamese and live in Vietnamese territory.
Enterprises wishing to employ foreign workers in the above cases must still comply with regulations on conditions for recruitment and employment of foreign workers as prescribed in Article 152 of the 2019 Labor Code. specified in Decree 152/2020.
Determining the need to employ foreign workers:
– In case of not having to determine the need to employ foreign workers:
According to the provisions of Article 4, Decree 152/2020, When an enterprise employs foreign workers (except for contractors) who are not subject to a work permit in the following nine cases, it is responsible for determining the demand for employment. foreign workers for each job position that Vietnamese workers have not yet met and report to explain to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province or centrally run city. .
Intra-enterprise movement within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment schools, finance, health, tourism, culture, entertainment and transportation.
Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring and evaluation, program management and implementation, projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law
To be sent to Vietnam by a competent foreign agency or organization to teach or conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
Volunteers specified in Clause 2, Article 3 of this Decree.
Being certified by the Ministry of Education and Training for foreign workers to enter Vietnam for teaching and research purposes.
Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
The case according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
Foreigners who marry Vietnamese and live in Vietnamese territory.
– Cases in which the procedures for explaining the application for approval to employ foreign workers must be carried out:
Except for the 09 cases mentioned in Section 2.1 above and except for the case where the contractor uses foreign workers, the contractor must comply with Article 5 of Decree 152/2020. determine the need to employ foreign workers in accordance with Article 4, Decree 152/2020. Within 10 working days from the date of receipt of the explanation report or the explanation report on changes in demand for foreign workers, the Ministry of Labor, War Invalids and Social Affairs or the provincial People’s Committee shall send a written approval or disapproval of the use of foreign workers for each job position.
During the implementation process, if there is a change in the demand for foreign workers mentioned above, the enterprise must report it to the Ministry of Labor, War Invalids and Social Affairs or the provincial People’s Committee at least 30 days in advance from the date of the project. the use of foreign workers.
Form of report explaining demand for foreign workers: Form No. 01/PLI Appendix I issued together with Decree 152/2020;
Form of report explaining changes in demand for foreign workers: Form No. 02/PLI, Appendix I issued together with Decree 152/2020.
Form of report explaining the need to use foreign workers for contractors: Form No. 04/PLI Appendix I issued together with Decree 152/2020;
Form of report explaining changes in demand for foreign workers for contractors: Form No. 05/PLI Appendix I issued together with Decree 152/2020.
Dossier, procedures for certification and notification not subject to work permit:
– Cases of failure to carry out procedures for confirmation of recognition of foreign workers who are not subject to work permits:
According to the provisions of article 8 of Decree 152/2020, the following cases of foreign workers are not required to carry out procedures to confirm that foreign workers are not eligible for work permits but must report to the Ministry of Labor: – Invalids and Social Affairs or Department of Labor – Invalids and Social Affairs where the foreign worker is expected to work information: full name, age, nationality, passport number, name of foreign employer , working start and end date at least 3 days before the date the foreign worker is expected to start working in Vietnam:
Enter Vietnam with a term of less than 3 months to make a service offering;
Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers;
Foreigners who marry Vietnamese and live in Vietnamese territory.
Being the owner or capital contributing member of a limited liability company with a capital contribution value of VND 3 billion 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 VND 3 billion or more;
Entering Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 3 times in a year;
Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of this Decree
– Cases in which the procedures for confirmation of recognition of foreign workers who are not subject to a work permit must be carried out:
In addition to the cases mentioned in Section 3.1 above, in the remaining cases, the enterprise shall request the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work. confirm that the foreign worker is not eligible for a work permit at least 10 days in advance from the date the foreign worker starts working.
Dossier to request confirmation of not being eligible for a work permit, including:
Form No. 09/PLI Appendix I issued together with Decree 152/2020/ND-CP ;
Health certificate or medical examination certificate as prescribed;
Written approval of the need to employ foreign workers (except for cases where the need to employ foreign workers is not required);
Certified copy of the employee’s passport;
Papers proving that the foreign worker is not eligible for a work permit;
Foreign documents must be consular legalized, translated into Vietnamese and certified, except for cases where consular legalization is exempted.
Within 5 working days from the date of receipt of complete dossiers of application for confirmation of not being eligible for work permits, the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall issue a written notice Confirmed not subject to work permit issuance.
Above is the lawyer’s share on the legal provisions related to the legal provisions on “foreign workers not subject to work permits”.
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