In the era of globalization, more and more foreign experts and investors are coming to Vietnam to live and work. However, to comply with the legal regulations, obtaining a work permit or going through the exemption procedure is mandatory. This is not only a legal requirement but also the first step for foreign workers to establish a stable life and work legally and long-term in Vietnam. The article below of FTA LAW will help you clarify: who qualifies for a work permit exemption, what documents need to be prepared, and what the process entails!
1. Regulations on Work Permit Exemption for Foreigners in Vietnam:
According to current regulations in Vietnam, specifically Decree No. 152/2020/ND-CP combined with the Labor Code No. 45/2019/QH14, there are 20 groups of foreigners who are eligible for work permit exemption when working in Vietnam. This does not mean they can work freely without any procedure — on the contrary, there is a separate process to confirm that they do not fall under the work permit issuance category.
When all legal requirements are met, foreigners will be issued an official document called the Confirmation of Exemption from Work Permit, which is particularly useful when applying for a temporary residence card in Vietnam. Understanding the work permit exemption regulations not only helps foreigners work legally but also assists businesses in optimizing time and costs when recruiting international staff.
Image: Regulations for applying for a work permit exemption for foreigners
2. Cases Eligible for Work Permit Exemption in Vietnam:
According to Article 7 of Decree 152/2020/ND-CP and Article 154 of the Labor Code 2019, up to 20 specific groups of foreigners are eligible for a work permit exemption. These cases include:
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Senior management positions such as heads of representative offices, chairs of boards, or CEOs with significant capital investment in Vietnam.
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Individuals coming to Vietnam for short-term technical emergencies that local experts cannot handle.
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International lawyers who have been granted a license to practice law in Vietnam.
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Foreigners married to Vietnamese citizens and living in Vietnam.
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Cases based on international treaties to which Vietnam is a party, such as intra-company transfers in 11 service sectors committed under the WTO.
Additionally, researchers, ODA consultants, trainees, volunteers, or family members of diplomatic staff are also eligible for exemption if valid documents can be provided. Understanding the correct exemption criteria helps both businesses and foreigners avoid legal violations and makes administrative procedures in Vietnam easier.
Image: Cases of foreigners eligible for a work permit exemption
3. Required Documents for Confirmation procedure:
Although foreign workers are not required to obtain a work permit, they still need a clear confirmation document from the authorities to work legally. The documents required to apply for this confirmation include:
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Application form for work permit exemption (Form No. 09/PLI).
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Document confirming the need for foreign labor issued by the Department of Labor, Invalids, and Social Affairs or the Ministry of Labor, Invalids, and Social Affairs.
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Documents proving eligibility for a work permit exemption, such as: foreign employment contracts, deployment decisions, proof of technical expertise, or confirmation from an international diplomatic agency.
Note that documents from abroad must be notarized, translated into Vietnamese, and consularly legalized (if needed). A well-prepared, complete application will help shorten processing time and increase the chances of receiving the exemption confirmation quickly.
4. Quick Process for Work Permit Exemption:
To obtain the work permit exemption confirmation, the employer (usually the company) needs to follow a three-step process:
Step 1: Prepare the Full Application
The business or organization must collect and prepare the full set of documents as required. The more complete the application, the easier the approval process.
Step 2: Submit the Application on Time
At least 7 working days before the foreign worker starts working, the business must submit the application to the local Department of Labor, Invalids, and Social Affairs where the worker will be employed. The authority will receive, review, and issue a receipt if the application is complete.
Step 3: Receive the Confirmation
Within 3 working days from receiving the complete and valid application, the Department will issue the Confirmation of Exemption from Work Permit. If rejected, the authorities will respond in writing, clearly stating the reasons for rejection.
Following the correct process helps businesses avoid legal risks and ensures the legal rights of foreign workers.
5. Comparison Between Applying for a Work Permit and Exemption:
In essence, both options allow foreigners to work legally in Vietnam. However, there are clear differences in complexity and associated costs:
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Work permit applications typically require more documentation, including health certificates, criminal background checks, consular legalization of foreign documents, etc.
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On the other hand, applications for exemption are simpler, requiring fewer supporting documents, thus saving significant time and costs.
Particularly, in some cases like intra-company transfers, employees who are exempt from work permits also do not need to participate in mandatory social insurance — a significant advantage administratively and financially.
Clearly determining the appropriate option will help businesses build an effective, legal, and flexible foreign staffing plan at each stage.
6. Conclusion:
Whether required to apply for a work permit or exempted, foreign workers in Vietnam must follow the correct process and legal regulations. Understanding the requirements and preparing the necessary documents not only saves time and costs but also prevents unnecessary legal risks for both workers and businesses.
If you are still unsure about which category your application falls under or need support in quickly and accurately completing the process, don’t hesitate to contact FTA LAW. Our experienced legal team is ready to assist you every step of the way — from consulting and preparing documents to dealing with the authorities.
The content above is for reference purposes and not official advice from the team of lawyers at FTA LAW. If you have any questions or need advice for a specific case, please contact us at: support@ftalaw.vn – We are always ready to listen and assist you.