Cases where the work permit is exempted when applying for a temporary residence card

Cases where the work permit is exempted when applying for a temporary residence card helps foreign workers save time, costs and simplify legal procedures. This creates favorable conditions for experts, managers, and high-tech workers to easily work and live long-term in Vietnam. At the same time, businesses also benefit from reducing administrative burdens, ensuring compliance with regulations quickly and effectively.

Conditions for applying for a temporary residence card for foreigners working in Vietnam

Foreigners working in Vietnam who want to apply for a temporary residence card must meet the visa conditions specified in Article 10 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019). Accordingly, the conditions for granting temporary residence cards to foreigners working in Vietnam include:

• Have a passport or valid international travel document that is still valid according to law.
• Visas that have been previously issued and are currently valid for use in Vietnam by foreigners must be for the correct purpose (symbol LD 1 or LD 2).
• Have a work permit or confirmation of exemption from work permit according to regulations.

Note, in case a foreigner converts from a visa or other type of temporary residence card to a temporary work residence card, he or she must provide a work permit or confirmation of work permit exemption.

Cases where the work permit is exempted when applying for a temporary residence card

Foreigners working in Vietnam are cases where the work permit is exempted when applying for a temporary residence card, according to the provisions of the Labor Code 2019.

According to the provisions of Article 154 of the Labor Code 2019 and Article 7 Decree 152/2020/ND-CP, there are 20 specific cases where 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. Personnel moving internally within an enterprise: Within the scope of 11 service sectors in WTO commitments: business, finance, education, healthcare, tourism, construction, information, distribution, environment, culture, entertainment and transportation. Being transferred within the same corporation or multinational enterprise.
4. 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.
5. Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law.
6. 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.
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 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. Certified by the Ministry of Education and Training for foreign workers entering Vietnam to perform teaching, research or hold leadership positions, management levels of educational establishments proposed by foreign diplomatic missions or intergovernmental organizations to establish 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 foreign experts 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.

Thus, if the employee falls into one of the above cases, it is necessary to apply for a certificate certifying that the employee is exempt from a work permit. Accordingly, instead of submitting a work permit when applying for a temporary residence card, the employee submits this confirmation document.

Frequently asked questions

What are the procedures for applying for a work permit exemption certificate?

Procedures include submitting documents to the Department of Labor, War Invalids and Social Affairs of the province/city, including application and supporting documents.

What documents are needed to prove eligibility for work permit exemption?

Documents include investment certificates, documents proving capital contribution, transfer decisions, and personal identification documents.

What is the difference between work permit exemption and temporary residence card exemption?

Work permit exemption allows foreigners to work without a permit, while temporary residence card exemption means there is no need to apply for a temporary residence card, but this case is very rare. They are two different types of papers.

How long is the work permit exemption certificate valid?

The duration of the work permit exemption certificate depends on each specific case and the provisions of law.

What should be noted about special cases or changes in work permit exemption regulations?

Always keep up to date with information from labor and immigration management agencies, as regulations may change.

Where can foreigners apply for a work permit exemption certificate?

Foreigners can apply for a work permit exemption certificate at the Department of Labor, War Invalids and Social Affairs at the provincial or city level.

Can I apply for a work permit exemption certificate online?

Currently, depending on the locality, foreigners can submit applications online through the public service portal.

In which cases of foreigners are their relatives exempted from work permits?

Currently, according to current law, accompanying relatives are not exempt from work permits for foreigners.

In what cases are foreigners exempted from work permits but still need other documents to work legally?

Foreigners still need a suitable visa or temporary residence card to work legally in Vietnam.

If the work permit exemption certificate expires, what should the employee do?

Employees need to apply for a reissue of work permit exemption confirmation before the old document expires.

Full temporary residence card application service at Long Phan Consulting Company

Long Phan Consulting Company provides a comprehensive temporary residence card application service, helping customers eliminate all legal troubles, optimize time and ensure quick and accurate results. Our services include:

• Consulting on conditions and documents: Check the ability to meet legal requirements and provide instructions on preparing complete documents.
• Drafting and completing documents: Support in drafting documents, translating and notarizing necessary documents.
• Submit documents and track progress: Customer representatives work with competent authorities and update processing status.
• Receive and hand over temporary residence card: Ensure customers receive the card on time, legally and without hidden costs.

Cases where the work permit is exempted when applying for a temporary residence card helps foreign workers reduce administrative procedures, saving time and costs. This facilitates legal stay and work in Vietnam, and helps businesses easily recruit international personnel. For detailed advice and quick support, please contact Long Phan Consulting Company via the hotline: 0906735386 for timely answers.