The application form is not subject to a work permit issuance

The application is not subject to a work permit to help foreign workers and businesses save time and simplify administrative procedures. Clearly identifying subjects who are not subject to work permits helps ensure compliance with legal regulations, while creating favorable conditions for experts, managers and high-tech workers to work in Vietnam legally.

In what cases are foreigners not eligible for a work permit?

Pursuant to the provisions of Article 7 of Decree 152/2020/ND-CP amended by Points a and b, Clause 4, Article 1 of Decree 70/2023/ND-CP; Clauses 3, 4, 5, 6, 7 and 8, Article 154 of the Labor Code 2019, there are 20 cases where foreigners are not subject to work permits as follows:

1. 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.
2. Enter Vietnam for less than 03 months to offer services.
3. 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 foreign experts currently in Vietnam cannot handle.
4. Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
5. In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
6. Foreigners marry Vietnamese people and live in Vietnamese territory.
7. Be an owner or capital contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
8. 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.
9. Internal mobility within enterprises within the scope of 11 service sectors in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, healthcare, tourism, culture, entertainment and transportation.
10. Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, construction, appraisal, monitoring, evaluation, management and implementation of programs and projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent agencies of Vietnam and foreign countries.
11. Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law.
12. Be sent to Vietnam by a competent foreign agency or organization to teach or be a manager or executive director at an educational institution proposed to be established in Vietnam by a foreign diplomatic representative agency or intergovernmental organization; establishments and organizations established under international treaties that Vietnam has signed and participated in.
13. Volunteers specified in Clause 2, Article 3 of this Decree.
14. 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.
15. Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
16. 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.
17. Relatives of members of foreign representative agencies in Vietnam specified in Point l, Clause 1, Article 2 of this Decree.
18. Have an official passport to work for state agencies, political organizations, or socio-political organizations.
19. The person responsible for establishing a commercial presence.
20. Confirmed by the Ministry of Education and Training that foreign workers enter Vietnam to perform the following jobs:

• Teaching and research;
• Work as a manager, executive director, principal, or vice principal of an educational institution proposed to be established by a foreign diplomatic mission or intergovernmental organization in Vietnam.

The application form for cases not subject to a work permit

According to the provisions of Clause 3, Article 8 of Decree 152/2020/ND-CP, documents requesting confirmation that they are not subject to a work permit include:

1. Written request to confirm that foreign workers are not subject to a work permit Form No. 09/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

1. A health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months, from the date of signing the health conclusion to the date of submitting the application or certificate of good health according to the regulations of the Minister of Health.
2. Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.
3. Certified copy of passport or copy of passport certified by the employer that is still valid according to the provisions of law.
4. Documents to prove that foreign workers are not subject to a work permit.
5. The documents specified in sections 2, 3 and 5 are 01 original or certified copy. If from a foreign country, they must be consular legalized, translated into Vietnamese and notarized or authenticated, except in cases where consular legalization is exempted according to international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both members or according to the principle of reciprocity or according to the provisions of law.

>>> Download sample document requesting confirmation that foreign workers are not subject to a work permit issuance: HERE.

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

Pursuant to the provisions of Article 8 of Decree 152/2020/ND-CP, Point b, Clause 13, Article 1 of Decree 70/2023/ND-CP, Point b, Clause 13, Article 1 of Decree 70/2023/ND-CP, the procedure to confirm that foreign workers are not subject to a work permit includes the following steps:

Step 1: The employer requests the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work 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 2: Within 05 working days from the date of receiving the complete dossier requesting confirmation of not being subject to a work permit, the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work shall have a written confirmation of not being subject to a work permit according to Form No. 10/PLI, Appendix I of Decree No. 152/2020/ND-CP, which has been amended and supplemented. In case of non-confirmation, there will be a written response clearly stating the reason.

The maximum time limit for certifying that a foreign worker is not subject to a work permit is 02 years and follows the duration of one of the cases specified in Article 10 of this Decree. In case of re-issuance of confirmation that a foreign worker is not subject to a work permit, the maximum term is 02 years.

Service to confirm that foreign workers are not subject to work permits at Long Phan

With many years of experience in the field of work permits for foreigners, Long Phan would like to provide you with a comprehensive service to confirm that foreign workers are not subject to a work permit as follows:

• Consulting on work permit exemption conditions – Determine whether subjects do not need a work permit according to the law.
• Prepare documents for confirmation – Guide and support foreign businesses/workers in drafting complete and accurate documents.
• Submit documents and work with authorities – Customer representative submits documents at the Department of Labor, War Invalids and Social Affairs of the province/city.
• Monitor and process additional requests – Resolve problems that arise during the application review process.
• Receive results and hand over to customers – Receive written confirmation from authorities and send them to customers quickly.
• After-service consulting – Support for issues related to foreign workers working legally in Vietnam.

The application form does not require a work permit to help foreign workers and businesses save time and costs during the procedure. Preparing complete and accurate documents according to regulations helps limit risks and ensures compliance with Vietnamese laws. If you need detailed advice, please contact the hotline 0906735386 for quick support from Long Phan.