Work Permit Exemption in Vietnam – Who is eligible?
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Obtaining a Vietnam work permit is mandatory for expatriates to enjoy a lawful employment period in Vietnam. That said, there are special circumstances where foreign individuals are exempt from the work permit requirement, or in other words, are allowed to work in Vietnam without this document. These individuals have to submit a request for a certification of work permit exemption in Vietnam along with all required documents.
But who is eligible for work permit exemption in Vietnam? How to request a certification of work permit exemption? Follow this article by Thao & Co. to discover all you need to know about work permit exemption in Vietnam.
Who is eligible for work permit exemption in Vietnam?
According to Vietnam law, there are currently 20 specific cases where expatriates are not required to obtain a work permit.
1. Foreigners being project managers, heads of representative offices, or persons taking main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam
2. Foreigners staying in Vietnam for less than 3 months to offer services
3. Foreigners staying in Vietnam for less than 3 months to deal with complicated technical and technological problems that are likely to cause adverse impacts that cannot be resolved by experts in Vietnam
4. Foreign lawyers holding a professional practicing license in Vietnam
5. Other cases specified in international agreements to which Vietnam is a party
6. Foreigners legally married to Vietnamese citizens and currently residing in Vietnam
7. Foreigners being owners or shareholders of limited liability companies with a minimum capital contribution of three billion VND
8. Foreigners being chairpersons or members of the board of directors of joint-stock companies with a minimum capital contribution of three billion VND
9. Foreign workers entering Vietnam to provide professional and technical advisory services or perform other tasks related to research, appraisal, construction, assessment, etc. of projects funded by the Official Development Assistance (ODA)
10. Foreign workers granted licenses to practice communications or journalism in Vietnam by the Ministry of Foreign Affairs
11. Intra-corporate transferees within enterprises that belong to one of the 11 service sectors as follows: information and communication, distribution, construction, business, education, finance, environment, tourism and hospitality, healthcare, culture and entertainment, and transportation.
12. Foreign workers sent by competent foreign organizations to conduct research or teach at international schools managed by foreign diplomatic missions or the United Nations
13. Foreign volunteers entering Vietnam to perform work in accordance with international treaties to which Vietnam is a party
14. Foreigners working in Vietnam as managers, experts, managers, executive directors, or technical specialists for less than 30 days and for a maximum of 3 times per year
15. Foreign personnel entering Vietnam to implement international agreements in accordance with the law
16. Foreign students staying in Vietnam for internships or apprenticeships Vietnamese entities with prior agreements
17. Relatives of members of diplomatic missions in Vietnam
18. Foreign workers holding diplomatic passports working for government agencies, political or socio-political organizations
19. Foreign workers responsible for establishing a commercial presence
20. Foreign workers entering Vietnam for teaching or research purposes approved by the Ministry of Education and Training
If you do not belong to any of the above circumstances, you are obliged to apply for a Vietnam work permit in order to work legally in Vietnam.
Documents for requesting a certificate of work permit exemption in Vietnam
If you or your foreign employees match one of the circumstances above, then you will need to request a certification of work permit exemption. The documents required for work permit exemption application are listed below:
● Request form for confirming the foreign employee is eligible for work permit exemption (Form 09/PLI)
● Valid health check certificate (within 12 months)
● Certified copy of valid passport
● Approval of corporation or organization’s demand on using foreign workers (if required)
● Proof of eligibility for work permit exemption in Vietnam: marriage certificate, invitation letter, nomination letter, professional practicing license, etc.
Important: Notary translations are required for non-Vietnamese documents to guarantee their legal validity.
Application process for work permit exemption in Vietnam
The application process for work permit exemption is straightforward and completely free of charge. Your documents are processed by the Ministry of Labour – Invalids and Social Affairs of Vietnam or the provincial or municipal People’s Committee at your or your employee’s intended work location.
This process consists of 2 steps:
● Step 1: The employer prepares a certified copy of their business registration and a completed registration form for employment demand for foreign workers, then submits them to the authorities at least 30 days before the expected employment start date. The processing time is 5 working days from the day of the complete submission.
● Step 2: The employer or employee prepares documents for work permit exemption and submits them to the authorities at least 10 days before the expected employment start date. The processing time is 5 working days.
After obtaining a certificate of work permit exemption, expatriates will proceed to other mandatory procedures such as applying for a Vietnam work visa and temporary residence card for foreigners.
Important notes when applying for a certificate of work permit exemption in Vietnam
Here are a couple of things to keep in mind when preparing your documents to ensure a seamless application process:
● Remember to submit the original or the notarized copy of your Vietnamese documents
● Consular authentication and Vietnamese notarized translations are required for foreign documents
● Entrust your documents to a reputable translation agency so that they can aid you through your application for a certificate of work permit exemption.
Translation services for work permit exemption documents in Vietnam
Translations of documents for work permit exemption in Vietnam must be completely accurate. This allows the authority officers to understand the content of your documents thus, increasing your chance of getting approved.
Additionally, these translations are also needed for the following processes such as Vietnam visa extension or temporary residence card application and more. Therefore, it is crucial to entrust your documents to a translation agency with experience in navigating these legal procedures.
There are currently many translation agencies on the market. If you looking for high-quality translation services with a balance of speed and affordability, look no further than Thao & Co.
Our linguists have extensive experience in handling work permit exemption documents and are committed to providing top-notch translation. By choosing Thao & Co., you can expect:
● Accurate translations that are consistent with the source format
● Translations done by expert linguists with experience in work permit-related procedures
● Complete security for your documents and personal information
● Speedy translation, on-time delivery
● Thao & Co.’s proprietary platform for convenient file management and progress tracking
We hope this article has provided useful information about work permit exemption in Vietnam. Don’t let the unfamiliar procedures stress you out. Thao & Co. is here to help. To receive accurate and legally valid translations for your work permit exemption documents, contact us via our Get a Quote page. Our consultant will promptly reach out to assist.
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