Cases of work permit exemption for foreigners working in vietnam.

CASES OF WORK PERMIT EXEMPTION FOR FOREIGNERS  WORKING IN VIETNAM.

 

20 cases of foreign workers exempting from work permit issuance

According to Article 111 of the 2019 Labor Code, one of the conditions for foreign workers to work in Vietnam is to have a work permit issued by the competent authority of Vietnam. However, not all foreign workers need a work permit. Article 7 of Decree 152/2020/ND-CP stipulates 20 cases in which foreign workers are not eligible for work permits, including:

1. Being the owner or capital contributing member of a limited liability company with a capital contribution value of VND 3 billion or more.
2. Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.
3. Internal mobility of enterprises within the scope of 11 service sectors in Vietnam’s schedule of service commitments to the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, healthcare, tourism, culture, entertainment and transportation.
4. Entering Vietnam to provide professional and technical consultancy services or perform other tasks in service of research, development, appraisal, monitoring, evaluation, management and implementation of programs and projects using official development assistance (ODA) sources as prescribed or agreed upon in international agreements on ODA signed between competent agencies of Vietnam and foreign countries.
5. To be licensed by the Ministry of Foreign Affairs to conduct information and press activities in Vietnam in accordance with the provisions of law.
6. Being sent to Vietnam by competent agencies or organizations of foreign countries to teach and research at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under agreements to which Vietnam has signed or acceded.
7. Volunteers specified in Clause 2, Article 3 of this Decree.
8. Entering Vietnam to work as managers, executives, experts or technical workers with working time of less than 30 days and not more than 03 times in 01 year.
9. Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
10. Students studying at overseas schools and training institutions have internship agreements in agencies, organizations and enterprises in Vietnam; trainees and trainees on Vietnamese ships.
11. Relatives of members of foreign representative offices in Vietnam specified at Point l, Clause 1, Article 2 of this Decree.
12. Have a civil service passport to work for state agencies, political organizations, socio-political organizations.
13. The person responsible for establishing a commercial presence.
14. To be certified by the Ministry of Education and Training of foreign workers to enter Vietnam for teaching and research.
15. Be the head of a representative office, project or take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
16. Entering Vietnam for less than 03 months to offer services.
17. Entering Vietnam for less than 03 months to handle incidents, complex technical and technological situations that arise that affect or threaten to affect production and business that cannot be handled by Vietnamese experts and foreign experts currently in Vietnam.
18. Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
19. Cases prescribed by international treaties to which the Socialist Republic of Vietnam is a contracting party.
20. Foreigners who marry Vietnamese and live in the territory of Vietnam.

In the above cases, the employer needsto confirm the work   permit    exemption for foreigners. In addition to the above 20 cases, foreign workers are  required to have a work permit to be guaranteed legal rights when working in Vietnam.

Latest documents and procedures for applying for work permit exemption for foreigners

According to the law in Article 8 of Decree 152/2020/ND-CP, a dossier for certification not eligible for a work permit includes:

✔ A written opinion confirming that the foreign worker is not eligible for work permit procedures according to Form No. 09/PLI;

✔ Health certificate issued within 12 months;

✔ Written consent agreeing to the need to employ international workers except in cases where the need to employ foreign workers is not necessarily determined;

✔ An authentic copy of a valid passport as prescribed by law;

✔ Documents to prove that the foreign worker is not eligible for a work permit.

Documents issued here must be originals or notarized copies, while documents issued internationally must be consular legalized  (unless exempt from consular legalization), after which, notarized translation into Vietnamese.

Being exempt from a work permit does not mean that the employee is subject to special priority. In other words, exemption from freedom to go to work without having to follow any procedures, permits.The unit hiring workers who are exempt from work permits must also go through the process of applying for certification of work permit exemption (also known as non-work permit authentication) or report to the agency. competent officials.

Next is the procedure for applying for the latest work permit exemption for foreigners, specifically:

Step 1: Apply for an international employer consent letter

That step is specified by law in Article 4 of Decree 152/2020/ND-CP as follows:

First, the employee’s company will prepare the following documents:

➧ Notarized copy of business registration;

➧ Written report explaining the necessities of employing international workers Form 01/PLI or Written report on change of request to employ foreign workers Form 02/PLI if the necessities for employing foreign workers are different;

➧ Next, at least 30 days before the date on which the foreign worker anticipates to start working, the employee must submit the above dossier to the Ministry of Labor, War Invalids & Community or the People’s Committee of the province or central standing city where the foreign worker is expected to work to obtain a written consent to approve the request of employment foreign.

➧ Within 10 working days from the date of submission of complete explanation dossiers, the employee recruitment company will receive a written approval of the need to employ foreign workers according to Form 03/PLI. In case it has not been issued, the Ministry of Labor, War Invalids & Social Affairs or the Provincial People’s Committee will obtain a written explanation of the Reason.Form 03/PLI – The latest written consent to international labor utilities.

Step 2: Apply for verification of an international worker who is not eligible for work permit procedures

In this step, the Employee & Employee Recruitment Unit prepares a set of documents mentioned in the latest Work Permit Exemption Application and Application.

Next, at least 10 days before the start of the foreign worker’s day, international workers must submit this dossier to the Ministry of Labour, War Invalids & Community or the Department of Labour, War Invalids and Social Affairs in the province where the international worker will be working.

Within 05 working days from the date of submission of complete documents, the unit will receive a confirmation of work permit exemption for foreign workers according to Form 10/PLI. In case of non-confirmation, the foreign worker recruitment unit will receive a written response with specific reasons.

>> Hotline :0983026382(zalo/whatsapp) <<

Work permit exemption period

As with the duration of the work permit, the time limit for certifying foreign workers who are not eligible for work permit procedures is up to 02 years and according to the duration of 1 in the following situations:

➧ Duration of the labor contract: Expected to sign the commitment.

➧ Time limit for sending foreign workers to Vietnam for international operations.

➧ Duration: Contract or agreement signed by our country & international partner company.

➧ The duration of the contract or agreement on cooperation in providing commercial services that Vietnamese and international partner companies sign commitments to each other.

➧ The time limit in the written appointment of foreign workers to Vietnam to negotiate the provision of Commercial Services by the Commercial Service provider. This is clearly stipulated in the latest Work Permit Exemption Application Procedure.

➧ Time specified in the entertainment activity license documents of the implementing agency, organization, enterprise.

➧ The time limit in the document for sending international workers to Vietnam to establish a commercial presence of such commercial service provider.

➧ The time limit in the document proving that the international employee is entitled to participate in the entertainment activities of an international enterprise that has established and operates a commercial presence in Vietnam.

➧ The time limit in the written approval to employ international workers, except for situations where the above mentioned explanation of the demand for employing foreign workers is not necessarily fulfilled.

In case of re-issuance of a work permit exemption certificate, it will also have a maximum term of 02 years. This regulation is clearly stated in Article 8 of Decree 152/2020/ND-CP.

The latest and most reputable consulting & support services for work permit exemption procedures.

Are you hesitating whether you/your friends/employees are exempt from work permits in our country?

Do you not know how to manage with the preparation of documents proving that the employee is exempt from work permit?

Do you not really understand the whole law on work permit exemption as well as the steps and paperwork procedures for applying for work permit exemption?

You do not have a deadline to proceed with the work permit exemption procedure,

Or are you simply looking for a Commercial Service Unit that exempts you from work permits?

You always have Vietnam Chris Travel  with you. With Vietkite Visa’s latest work permit waiver consultation service, all worries and worries will disappear, you will have great peace of mind with our effective support.

VIET NAM CHRIS TRAVEL  – Prestigious work permit exemption service for foreigners.

 

Contact:

Phone: 0983026382( zalo/whatsapp)

Email: vietnamchristravel@gmail.com