Foreigners are not subject to work permits

Foreigners who are not subject to work permits are a group of individuals who can work in Vietnam without needing a license. These cases often include experts, investors or temporary personnel. Understanding these cases helps businesses take advantage of flexible recruitment opportunities and create favorable conditions for workers. In the article below, Long Phan will provide detailed information on this topic.

Conditions for foreign workers to be granted work permits

Pursuant to Clause 1, Article 151 of the Labor Code 2019, a foreign worker will be granted a work permit by Vietnam if this person:

• Be 18 years old or older and have full civil capacity;
• Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
• Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law;
• Have a work permit issued by a competent Vietnamese state agency, except in cases not subject to work permits.

Cases where foreigners are not subject to work permits

Cases where foreigners are not subject to work permits are specified in Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP (amended by Decree 70/2023/ND-CP ), specifically:

• Be the Head of a representative office or the person responsible for the operations of an international organization or non-governmental organization in Vietnam.
• Enter Vietnam for less than 03 months to offer services.
• Entering Vietnam for less than 3 months to handle complex technical problems that cannot be resolved by existing experts.
• Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
• According to the provisions of international treaties to which Vietnam is a member.
• Are a foreigner married to a Vietnamese citizen and living in Vietnam.
• Be an owner or capital contributing member of a limited liability company with a capital contribution of 3 billion VND or more.
• Be the Chairman or member of the Board of Directors of a joint stock company with a capital contribution of 3 billion VND or more.
• Moving within enterprises in 11 service industries that have committed to the World Trade Organization.
• Enter Vietnam to provide professional and technical consulting services for the ODA program.
• Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam.
• Being sent to Vietnam to teach or work as a manager at a foreign educational institution.
• Be a volunteer according to the provisions of this Decree.
• Enter Vietnam to work as a manager, executive director or technical worker for less than 30 days and no more than 3 times a year.
• Enter Vietnam under an international agreement signed by a central or provincial agency.
• Students and foreign students interning in Vietnam.
• Be a relative of a member of a foreign representative agency in Vietnam.
• Have an official passport to work for state agencies, political organizations, or socio-political organizations.
• Is the person responsible for establishing a commercial presence in Vietnam.
• Be certified to teach, research or work as a manager at an educational institution established by a foreign agency.

Procedures for requesting confirmation of not subject to work permits for foreigners

Proposal profile

Dossier requesting confirmation that a foreigner is not subject to work permits for foreigners includes the following documents:

• Proposed text follows Form No. 09/PLI, Appendix I issued with this Decree;
• Health certificate or health examination certificate as prescribed.
• Document approving the need to use foreign workers (except in cases where determination is not required).
• Certified copy of valid passport.
• Documents proving that you are not subject to work permits.
• All of the above documents need to be originals or certified copies. Foreign documents must be consular legalized, translated into Vietnamese and authenticated, unless exempted by international treaties.

Recommended process

Step 1: Submit application

• Employers need to prepare documents and submit them to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
• The application must be made at least 10 days before the employee begins work.

Step 2: Document processing

• Within 05 working days of receiving complete documents, the receiving agency will issue a document confirming that the employee is not subject to work permits.
• In case of non-confirmation, there will be a written response clearly stating the reason.

Legal basis: Clause 4, Article 8, Decree 152/2020/ND-CP.

Authority to confirm

The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs is the competent agency to confirm the enterprise’s application for confirmation that it is not eligible to issue work permits to foreigners, according to Clause 4, Article 8, Decree 152/2020/ND-CP.

Consulting and support services require confirmation that they are not subject to work permits issuance for foreigners

At Long Phan, our team of experts is ready to assist you in the process of applying for confirmation that you are not subject to a work permit. Our services include:

• Consulting on regulations related to confirmation of not being subject to a work permit.
• Assist in drafting and preparing necessary documents.
• Consulting on conditions and criteria to confirm that a work permit is not required.
• Support for submitting documents to competent agencies.
• Monitor and update application status for customers until receiving written confirmation.
• Assist customers in legalizing foreign documents if needed.

Confirming that foreigners are not subject to work permits is an important process, helping to simplify recruitment procedures and create favorable conditions for businesses. A clear understanding of the conditions and procedures will help both employers and foreign workers understand their rights and obligations. If you need support or advice on work permit issues, please contact Long Phan immediately via the hotline: 0906735386.