{"id":2288,"date":"2021-08-21T21:32:26","date_gmt":"2021-08-21T14:32:26","guid":{"rendered":"https:\/\/pl-partners.vn\/?p=2288"},"modified":"2023-01-13T17:04:48","modified_gmt":"2023-01-13T10:04:48","slug":"who-are-eligible-for-vietnam-work-permit-exemption","status":"publish","type":"post","link":"https:\/\/pl-partners.vn\/en\/who-are-eligible-for-vietnam-work-permit-exemption\/","title":{"rendered":"Who are eligible for Vietnam Work Permit Exemption ?"},"content":{"rendered":"

Most foreigners who engage in employment in Vietnam must comply with Vietnamese labor laws. In case it is necessary to employ foreign employees, employers must apply for a work permit in accordance with regulations. A work permit is a mandatory legal condition for foreigners to work in Vietnam.<\/span><\/p>\n

However, in certain circumstances, foreign employees do not have to apply for a work permit, also known as Work Permit Exemption. Work Permit Exemption Certificate is a confirmation, allowing foreign employees to legally work in Vietnam as well as serving as a basis to apply for a temporary residence card for long-term settlement in Vietnam. Cases of work permit exemption do not have to apply for a work permit, but another procedure to apply for a work permit exemption certificate<\/strong> is required.<\/span><\/p>\n

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Pursuant to Article 154 of the Labor Code 45\/2019\/QH14 and Article 7 of Decree No. 152\/2020\/ND-CP, if the foreigners are included in one of the scenarios listed below, they may be eligible for work permit exemption in Vietnam:<\/span><\/p>\n

1.<\/strong> Foreigners being Heads of representative offices, projects, or persons otherwise taking main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.<\/span><\/p>\n

2.<\/strong> Foreigners entering Vietnam for less than 03 months to offer services.<\/span><\/p>\n

3.<\/strong> Foreigners entering Vietnam for less than 03 months to deal with complicated technical or technological problems that adversely impact or are likely to have adverse impacts on production and business operations and cannot be fixed by Vietnamese and foreign experts who are currently in Vietnam.<\/span><\/p>\n

4.<\/strong> Foreign lawyers holding a legal practising license in Vietnam in accordance with the Law on Lawyers.<\/span><\/p>\n

5.<\/strong> Foreigners subject to cases included in the International Treaties to which Vietnam is a signatory.<\/span><\/p>\n

6.<\/strong> Foreigners who get married to Vietnamese citizens and wish to reside in Vietnam.<\/span><\/p>\n

7.<\/strong> Foreigners being owners or capital contributors of limited liability companies having the capital contribution of at least VND 3 billion.<\/span><\/p>\n

8.<\/strong> Foreigners being the chairperson or members of the Board of Directors of joint-stock companies having the capital contribution of at least VND 3 billion.<\/span><\/p>\n

9.<\/strong> Foreign employees who are internally reassigned by the companies which engage in 11 service industries in Vietnam\u2019s schedule of specific commitments in services with WTO, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment, and transportation.<\/span><\/p>\n

10.<\/strong> Foreign employees entering Vietnam to provide professional and technical advisory services or perform other tasks serving the research, construction, appraisal, assessment, management, and execution of programs and projects funded by ODA according to the international treaties on ODA between the competent authorities of Vietnam and other countries.<\/span><\/p>\n

11.<\/strong> Foreign employees issued with licenses for the practice of communications or journalism in Vietnam by the Ministry of Foreign Affairs.<\/span><\/p>\n

12.<\/strong> Foreign employees appointed by foreign authorized agencies or organizations to teach or do research in international schools managed by foreign diplomatic missions or the United Nations; offices or organizations established according to the agreements executed or participated in by Vietnam.<\/span><\/p>\n

13.<\/strong> Foreign volunteers entering Vietnam to work without any remuneration to implement international treaties to which Vietnam is a signatory and certified by a foreign diplomatic mission or international organization in Vietnam.<\/span><\/p>\n

14.<\/strong> Foreigners entering Vietnam to hold the positions of experts, managers, chief executive officers, or technicians for less than 30 days and 03 times per year at maximum.<\/span><\/p>\n

15.<\/strong> Foreigners entering Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law.<\/span><\/p>\n

\u00a0 \u00a016. <\/strong>Students who are currently studying at schools or training institutions\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0overseas and have an agreement for practical training at an agency,\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0organization, or enterprise in Vietnam; or overseas students performing\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0practical training on Vietnamese vessels.<\/span><\/p>\n

17.<\/strong> Relatives of members of a foreign diplomatic mission in Vietnam who are\u00a0 \u00a0 \u00a0 \u00a0 permitted to work in Vietnam according to an international treaty to which\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Vietnam is a signatory.<\/span><\/p>\n

18.<\/strong> Foreigners holding official passports and entering Vietnam to work in state\u00a0 \u00a0 \u00a0 agencies, political organizations, or sociopolitical organizations.<\/span><\/p>\n

19.<\/strong> Foreigners in charge of establishing commercial presence.<\/span><\/p>\n

20.<\/strong> Foreigners certified by the Ministry of Education and Training as entering\u00a0 \u00a0 \u00a0 \u00a0 Vietnam for teaching and research.<\/span><\/p>\n

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