Does internal relocation require a work permit? – Answer

Internal relocation requires a work permit is not an important question for businesses using foreign workers. According to Vietnamese law, internal relocation of foreign workers does not always require a work permit. However, determining whether a foreign worker needs a work permit depends on many factors, including industry and length of work in Vietnam. This article will provide detailed information about the regulations and procedures related to this issue.

Regulations on objects internal relocation within an enterprise

According to the provisions of Clause 1, Article 3 of Decree 152/2020/ND-CP, foreign workers are considered to move within the enterprise if they meet the following conditions:

• Be a manager, executive, expert or technical worker;
• Have worked at a foreign enterprise for at least 12 consecutive months before transferring to the enterprise’s branch or representative office in Vietnam.
• This internal transfer applies to foreign enterprises with a commercial presence in Vietnam, including organizational forms such as: foreign-invested companies, representative offices, branches or executive offices of foreign enterprises.

This helps create conditions for foreign companies to easily transfer labor between branches in Vietnam without the need for work permit procedures if legal conditions are met.

Do workers’ internal relocation need a work permit?

According to the provisions of Article 7 of Decree 152/2020/ND-CP, regulations on cases where foreign workers are not subject to work permits.

Specifically, Clause 3 stipulates that foreign workers moving within enterprises in 11 service sectors committed to Vietnam’s Service Commitments Schedule with the World Trade Organization (WTO) will not be subject to licensing. Specifically including the following industries:

• Business;
• Information;
• Build;
• Distribution;
• Education;
• Environment;
• Finance;
• Medical;
• Tourism;
• Entertainment culture.

This means that, if foreign workers move in one of the above industries, they do not need a work permit. However, the employer must still carry out procedures to confirm that the employee is not subject to a work permit according to the provisions of Vietnamese law. This helps ensure businesses comply with legal processes and avoid administrative violations.

Thus, if an enterprise internally moves an employee who does not fall into one of the above cases, it must apply for a work permit for the employee. The solution proposed is to meet the conditions and occupations exempted from applying for a work permit when internal relocation to save time and optimize procedures for businesses.

Procedures to confirm that foreign workers are not subject to work permits

Registration documents

If the foreign worker is not required to have a work permit, the enterprise needs to carry out procedures to confirm that the worker is not required to have a work permit. According to Article 8 of Decree 152/2020/ND-CP, the application for confirmation that a work permit is not required includes the following documents:

• Written request to confirm that the employee is not subject to a work permit Form No. 09/PLI Appendix I.
• Health certificate or health examination certificate.
• Document approving the enterprise’s need to use foreign workers.
• Certified copy of the foreign worker’s passport.
• Documents to prove that foreign workers are not subject to a work permit.

Execution order

Enterprises must submit an application for confirmation that a work permit is not required at least 10 days before the employee begins working in Vietnam.

After receiving the application, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs will review and issue a confirmation decision.

Regulatory consulting services and work permit support at Long Phan

Long Phan provides in-depth consulting services on regulations related to work permits and internal relocation procedures for foreign workers. Our services include:

• Consulting and guiding the process of granting work permits to foreign workers;
• Consulting on work permit exemption for workers subject to internal relocation;
• Assist customers in preparing necessary documents;
• Representing customers to submit documents to competent agencies;
• Support work permit extension procedures for foreign workers;
• Consulting on regulations and procedures related to the field of work licensing;
• Support customers with resolution measures when disputes occur.

Regulations and procedures for granting work permits to foreign workers in Vietnam are an important part of ensuring legal compliance and creating favorable conditions for businesses to operate. Understanding the processes, conditions and procedures related to work permit issuance will help businesses save time, effort and avoid unnecessary risks. Contact Long Phan via the hotline 0906735386 for detailed support.