In what cases are foreigners exempt from work permits in Vietnam?

Exempt from work permits for foreigners in Vietnam not only helps simplify administrative procedures but also creates favorable conditions for them to quickly integrate into the working environment. License exemptions usually apply to individuals with special expertise, short-term work, or part of international cooperation programs that bring mutual benefits. This encourages international investment and cooperation, promoting Vietnam’s economic development.

General regulations on work permits for foreigners in Vietnam

A work permit (GP) is a mandatory requirement for foreign workers to work legally in Vietnam. This is an important legal tool to manage foreign labor resources, ensuring balance between domestic and international labor.

Subjects must have a work permit

• Foreigners working with long-term labor contracts at Vietnamese enterprises or foreign-invested enterprises.
• Positions such as experts, managers, and technical workers are not exempt from licensing.

Penalties for non-compliance with applying for a work permit:

• For foreign workers: Fine from 15 – 25 million VND, possible deportation.
• For businesses using illegal foreign workers: Fine from 30 – 75 million VND and suspension of operations.

This emphasizes the importance of securing work permits for mandatory subjects.

In what cases are foreigners exempt from work permits in Vietnam?

According to the provisions of Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP, there are 20 specific cases in which foreign workers are not subject to work permits. These cases are determined by law based on the goal of promoting international cooperation, investment and special social factors. Specifically:

1. Be an owner or capital contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
2. Be the Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with a capital contribution value of 3 billion VND or more.
3. Internal transfer of personnel within the enterprise: Within the scope of 11 service sectors in the WTO commitment: business, finance, education, health, tourism, construction, information, distribution, environment, culture, entertainment and transportation. Transferred within the same corporation or multinational enterprise.
4. Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation, The project uses official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
5. Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of the law.
6. Being sent to Vietnam by a competent foreign agency or organization to teach or work as a manager or executive director at an educational institution proposed to be established in Vietnam by a foreign diplomatic mission or intergovernmental organization; institutions and organizations established under international treaties that Vietnam has signed or participated in.
7. Volunteer: A volunteer who works without pay at non-governmental organizations or charity programs.
8. Enter 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 03 times in 01 year.
9. Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of the law.
10. Pupils and students studying at schools and training facilities abroad have internship agreements with agencies, organizations and businesses in Vietnam; interns and trainees on Vietnamese ships.
11. Relatives of members of foreign representative agencies in Vietnam.
12. Have an official passport to work for state agencies, political organizations, or socio-political organizations.
13. The person responsible for establishing a commercial presence.
14. Be certified by the Ministry of Education and Training as foreign workers entering Vietnam to perform teaching, research or hold leadership or management positions at educational institutions run by foreign diplomatic missions or intergovernmental organizations proposed to be established in Vietnam.
15. Be the Head of a representative office, project or be primarily responsible for the activities of an international organization or foreign non-governmental organization in Vietnam.
16. Enter Vietnam for less than 03 months to offer services.
17. Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and Foreigners currently in Vietnam cannot handle.
18. Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
19. In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
20. Foreigners marry Vietnamese people and live in Vietnamese territory.

Procedures to confirm foreigners are exempt from work permits

Even though they are exempt from work permits, foreign workers still have to complete confirmation procedures at the management agency according to Article 8 of Decree 152/2020/ND-CP.

Implementation process

Prepare documents:

• Written request for confirmation (Form No. 09/PLI).
• Health certificate or health examination certificate issued by a competent medical agency or organization of a foreign country or Vietnam is valid for 12 months from the date of signing the health conclusion to the date of submission of the application or certificate of good health according to the regulations of the Minister of Health.
• Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
• Notarized copy of valid passport.
• Documents proving eligibility for work permit exemption.
• Consular legalization and translation of foreign documents (if any).

Submit application: At the Department of Labor, War Invalids and Social Affairs or the Ministry of Labor, War Invalids and Social Affairs at least 10 working days in advance.

Processing time: Within 5 working days, the authorities will issue a written confirmation if the application is valid.

Notes when performing the procedure

• Ensure documents are complete and valid to avoid prolonging processing time.
• Contact the competent authority for specific instructions on necessary documents.

This procedure not only helps foreign workers operate legally but also supports businesses in managing human resources more effectively.

Consulting on cases of work permit exemption in Vietnam and confirmation procedures

With a team of consulting experts with many years of experience, we ensure correct procedures, avoiding risks for both businesses and employees. Customers can refer to our services including:

• Accurately determine cases of work permit exemption, compare the conditions with the provisions of law.
• Check details of documents proving that workers are exempt from permits.
• Support in preparing and submitting documents confirming that they are not eligible for a work permit according to regulations.
• Monitor application processing progress and update information for customers.
• Consulting on rights and obligations when exempt from work permit.
• Support in handling arising issues related to labor and procedures.
• Legalization and translation of foreign documents.
• Consulting on other relevant regulations and procedures.

Determining and properly implementing regulations on work permit exemption is an important step for foreign workers to operate legally in Vietnam. Customers need to follow procedures to avoid unnecessary risks. Please contact the hotline immediately 0906735386 to receive detailed consulting support and handle procedures professionally and effectively.