In the context of deep economic integration, the demand for foreign labor in Vietnam has been increasing. However, not everyone fully understands the legal regulations related to the issuance or exemption of a work permit for foreigners. If businesses or workers are not aware of these regulations, they could easily fall into the situation of violating labor laws without even knowing.
So, when are foreigners exempt from a work permit? What are the required documents and procedures to complete this process? Let’s dive into the details in the article with FTA LAW below to ensure full and proper legal compliance!
1. Cases When Foreigners Are Exempt from a Work Permit in Vietnam
According to Article 154 of the Labor Code 2019, not all foreigners working in Vietnam are required to apply for a work permit. There are certain special cases where this is exempted – meaning foreign workers can still work legally without going through the complicated permit application process. Specifically, the following individuals are exempt:
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Foreign investors who are owners or capital contributors in a limited liability company with a capital contribution ratio that meets the government’s regulations. This group of people directly invests in Vietnam’s economy and also participates in business operations, so they are prioritized for work permit exemption.
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The Chairman or members of the Board of Directors of joint-stock companies with appropriate capital ownership ratios. Senior management who play a role in formulating the company’s strategy and policies are also considered exempt from needing a work permit.
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The head of a representative office, project, or non-governmental international organization legally operating in Vietnam is also exempt from a work permit, facilitating international cooperation, aid, development, and people-to-people diplomacy.
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Foreigners entering Vietnam for short-term work (under 3 months) to provide services – typically business experts, marketers, or negotiators – do not need a work permit because the work is short-term and not intended for long-term residence.
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A particularly special case is when foreigners enter Vietnam for under 3 months to handle serious technical or technological issues that are beyond the capability of local experts. This policy helps domestic businesses respond flexibly to emergencies without production delays.
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Foreign lawyers who have been granted a practice license in Vietnam are also exempt from applying for a work permit as they have already been thoroughly assessed for their qualifications and legal standing.
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Cases based on international treaties to which Vietnam is a party, ensuring compliance with international commitments and facilitating labor flow between countries.
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Foreigners married to Vietnamese citizens and residing in Vietnam, recognized as a member of a Vietnamese family and maintaining a stable life in the country.
Additionally, the Vietnamese government may add other cases for work permit exemptions to align with the current economic, social, and foreign policy needs.
Understanding when foreigners are exempt from a work permit not only helps businesses save time and administrative costs but also ensures legal compliance and avoids administrative penalties due to ignorance.
Image: Cases of foreigners exempt from a work permit.
2. What Documents Are Needed to Apply for a Work Permit Exemption for Foreigners?
To have a foreign worker recognized as exempt from needing a work permit, the business or organization employing the foreign worker must prepare a complete application according to the requirements outlined in Clause 3, Article 8 of Decree 152/2020/ND-CP. Specifically, the application must include:
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A written request for a work permit exemption using Form 09/PLI attached to Decree 152. This mandatory document should clearly specify the foreign worker’s information, job title, workplace, and basis for exemption.
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A valid health check certificate issued within the past 12 months from authorized medical establishments in Vietnam or abroad. This confirms that the worker is fit for work in Vietnam.
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A document approving the need for foreign labor issued by the relevant authority, except in cases where this step is exempted.
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A certified copy of the foreign worker’s valid passport showing personal information, residence duration, and nationality.
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Documents proving the foreign worker is exempt from needing a work permit, depending on the specific case. For example: a marriage certificate with a Vietnamese national, proof of capital contribution, or an appointment decision for the head of a representative office.
Important Note: If documents are issued abroad, they must be consularly legalized, translated into Vietnamese, and certified according to legal regulations unless exempted by international treaties or reciprocity principles.
3. Procedure for Applying for a Work Permit Exemption for Foreigners in Vietnam
Although foreigners are exempt from a work permit, they still need a document confirming their exemption to prove the legality of their work. According to Clause 4, Article 8 of Decree 152/2020/ND-CP, the process involves two simple but mandatory steps:
3.1. Step 1: Submit the Application
The employer submits the complete application to one of the following authorities:
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The Department of Labor, Invalids, and Social Affairs in the area where the foreign worker is expected to work;
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Or the Ministry of Labor, Invalids, and Social Affairs (in certain special cases).
The application must be submitted at least 10 days before the foreign worker begins official employment with the company or organization. This allows the authorities time to review and verify the information.
3.2. Step 2: Authority Review and Issuance of Result
Within 5 working days from the date of receiving the complete and valid application, the authorities will review and issue a confirmation of exemption from the work permit if the worker qualifies. This document holds the same legal validity as a work permit but does not require the official permit issuance process.
The company must retain this document in the employee’s records for any future labor inspections. Without this confirmation, even if the worker is exempt, they may still be penalized for lacking legal documentation.
Image: The process for applying for a work permit exemption for foreigners in Vietnam.
4. Conclusion
Accurately determining whether a foreign worker qualifies for a work permit exemption is crucial for ensuring legal labor practices. If businesses are unsure about legal procedures or need assistance in preparing applications quickly and accurately, don’t hesitate to consult with specialized units. Contact FTA LAW to receive specific advice for each case, complete guidance on the work permit exemption process for foreigners, and ensure that all recruitment and labor practices are in full compliance with the law!
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.