Confirm that foreign workers are not subject to a work permit

Confirming that foreign workers are not subject to a work permit is a procedure that helps businesses ensure compliance with legal regulations when using foreign workers. Understanding this procedure helps save time and costs for businesses. The following article will provide detailed instructions on the process, conditions and important notes in confirmation to ensure legalization of foreign workers in Vietnam.

Is it mandatory to apply for a work permit for foreign workers in Vietnam?

According to the provisions in d, Clause 1, Article 151 of the 2019 Labor Code, foreign workers working in Vietnam must have a work permit. However, the following cases are not required to have a Work Permit (Article 154 of the 2019 Labor Code; Article 7 of Decree 152/2020/ND-CP):

• Be an owner or capital contributing member of a limited liability company with capital contribution value of VND 3 billion or more
• Be the Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with capital contribution value of 3 billion VND or more
• Be the Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with capital contribution value of 3 billion VND or more
• Be the Head of a representative office, project or be primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam
• Enter Vietnam for less than 03 months to offer services
• 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 it
• Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
• In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
• Foreigners marry Vietnamese people and live in Vietnamese territory.
• Moving within an enterprise within the scope of 11 service sectors in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, and environment. education, finance, healthcare, tourism, culture, entertainment and transportation.
• Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation, Projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent authorities of Vietnam and foreign countries
• Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law
• Be sent to Vietnam by a competent foreign agency or organization to teach and research at an international school under the management of a foreign diplomatic representative agency or the United Nations; establishments and organizations established under agreements that Vietnam has signed and participated in

Where can I get confirmation that I am not subject to a work permit?

Pursuant to Clause 2, Article 8 of Decree 152/2020/ND-CP, the employer requests the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker attends. The work permit confirms that the foreign worker is not subject to a work permit

Procedures for applying for a certificate certifying that foreign workers are not subject to a work permit

Based on Clause 2, Clause 3 and Clause 4, Article 8 of Decree 152/2020/ND-CP (amended and supplemented in 2023), steps to apply for a certificate of not being required to apply for a work permit

Step 1: The employer prepares the following documents:

• Written request to confirm that foreign workers are not subject to a work permit Form No. 09/PLI, Appendix I issued with this Decree;
• Health certificate or health examination certificate as prescribed in Clause 2, Article 9 of this Decree;
• Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
• Certified copy of passport or copy of passport certified by the employer that is still valid according to the provisions of law;
• Documents to prove that foreign workers are not subject to a work permit;
• The documents specified in Points b, c and dd of this Clause are 01 original or certified copy. If they are from a foreign country, they must be consular legalized, translated into Vietnamese and notarized or authenticated, unless otherwise stated. exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam and related foreign countries are members or according to the principle of reciprocity or according to the provisions of law.

Step 2: The employer requests the Ministry of Labor, War Invalids and Social Affairs to confirm that the foreign worker is not subject to a work permit at least 10 days in advance from the date the foreign worker starts working. .

Step 3: Within 05 working days from the date of receiving complete documents requesting confirmation of not being eligible for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a document Confirmation of not being subject to a work permit according to Form No. 10/PLI Appendix I issued with this Decree. In case of non-confirmation, there will be a written response clearly stating the reason.

Consulting on work permits, issues related to foreign workers at Long Phan

Issues related to foreign workers in Vietnam can sometimes cause confusion for organizations. At Long Phan, we are confident with our support services for work permits and other labor issues, including:

• Consulting on processes and administrative procedures regarding foreign workers;
• Consulting on cases of work permit exemption
• Guidance and support in preparing complete and accurate documents for procedures for applying for, reissuing work permits or other administrative procedures
• Representative submits documents and monitors the processing progress when submitting labor documents;
• Answer questions related to laws and labor procedures.

During the process of carrying out procedures related to work permits or other procedures, if you need detailed support or advice on the above activities, please contact the hotline. 0906735386. Long Phan is ready to assist customers in completing procedures quickly and in accordance with the law.