Work permit exemption service 2023

Work permit exemption service? Work permit exemption service 2023? With an integrated economy and increasing opportunities to work abroad, applying for a work permit exemption helps individuals and companies enter the international working environment. It is an important factor to do so that. This not only saves time and resources but also allows flexibility and creativity in human resource management and development.

Work permit exemption services have become an important part of comprehensive support for individuals and companies who wish to participate effectively and flexibly in the international working environment. This requires a deep understanding of labor-related regulations and procedures, as well as the ability to take the necessary steps and advice to comply with the law and achieve professional goals in an effective manner. consistent and convenient .

As the labor market becomes increasingly complex and rapidly changing, work permit exemption services are constantly evolving to not only be easier to handle but also meet the needs of the business environment .

At the same time, if a foreigner working in Vietnam is exempt from a work permit, he or she must submit an application for a certificate of ineligibility for a work permit. To better understand, please refer to the following article about the Quoc Bao method :

Let’s start your journey to discover investment procedures in Vietnam, where opportunities are waiting and success is not far away !

Do you need advice or support on what you are looking for ? For help establishing a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Quoc Bao Law .

Please contact hotline /zalo: 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

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20 cases of foreign workers not being granted work permits

(1) Be the head of a representative office or project in Vietnam or be primarily responsible for the operations of an international organization or foreign non-governmental organization ;

(2) Enter Vietnam for less than 3 months to provide services .

(3) Handling complex technical and technological issues and situations that affect or may affect production and business that cannot be resolved by Vietnamese experts and foreign experts in Vietnam. ; Enter Vietnam for less than 3 months .

(4) Be a foreign lawyer licensed to practice law in Vietnam according to the provisions of the Law on Lawyers .

(5) Cases based on the provisions of international treaties (international treaties) to which Vietnam is a member .

(6) Foreigners married to Vietnamese citizens and residing in Vietnamese territory .

(7) Be an owner or contributing member of a limited liability company with a capital contribution of 3 billion VND or more (the 2012 Labor Law does not stipulate a limit on the capital contribution level ) ;

(8) Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with an investment capital of 3 billion VND or more (The 2012 Labor Law does not stipulate investment limits) .

Work permit exemption service

(9) Intra-company transfer in 11 service industries 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) Providing professional and technical consulting services to serve the investigation, construction, appraisal, monitoring, evaluation, management and implementation of programs and projects using Development Support resources. official development (ODA) or ODA agreements; Entering Vietnam to perform other tasks as prescribed by regulations or agreements signed between Vietnam and foreign competent authorities.

(11) Permitted by the Ministry of Foreign Affairs to operate information and communication agencies in Vietnam according to regulations.

(12) Being sent to Vietnam by a competent foreign agency or organization to teach or research at a foreign diplomatic representative agency or an international school managed by the United Nations; Establishments and organizations established under agreements that Vietnam has signed or participated in.

(13) Volunteers are foreign workers who work voluntarily and without salary in Vietnam to implement international treaties to which Vietnam is a member and are recognized by foreign diplomatic agencies and organizations. 

(14) Entering Vietnam to work as a manager, executive, expert or technical employee, working for less than 30 days and not more than 3 times /year (Decree 11/2016/ Old Article 7 ) ND-CP stipulates that the cumulative period must not exceed 90 days in a year).

(15) Entering Vietnam to implement international treaties signed by central and local agencies and organizations according to regulations.

(16) Students studying abroad at schools and training facilities abroad have internship agreements with agencies, organizations, and companies in Vietnam. Students and trainees board the Vietnamese ship .

(17) Relatives of members of foreign delegations stationed in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which Vietnam is a member .

(18) Have an official passport to work in state agencies, political organizations, and socio-political organizations ;

(19) Person responsible for establishing commercial presence .

(20) Recognized by the Ministry of Education and Training as a foreign worker entering Vietnam for educational and research purposes .

Legal basis :

– Article 154 of the 2019 Labor Code .

– Article 7 of Decree 152/ 2020 /ND-CP dated December 30, 2020.

The 2 most common cases of work permit exemption

Foreigners marry Vietnamese people

This is a new regulation since the 2019 Labor Code took effect. Foreigners who are spouses of Vietnamese citizens are exempt from work permits .

And they can use visas or temporary residence cards to visit relatives to work in Vietnam. Instead, companies must go through a reporting process with state agencies .

Internal corporate migration

special, “ 9. Internal business mobility in 11 service industries that are members of the WTO ”

Intra-company transfer : Employees have worked for a foreign company for at least 12 months and are transferred from the foreign company to the company’s commercial location in Vietnam .

Therefore, the above regulations set out certain conditions to be exempted from work permits in the form of internal transfer, specifically as follows :

– Companies operating in 11 service industries are members of the WTO .

– Foreign companies with commercial establishments in Vietnam (branches, subsidiaries, representative offices )

– Foreigners who have worked for a foreign company for at least 1 month .

–Foreigners sent to Vietnam to work

For domestic rotation, foreign workers will do the following 4 types of jobs .

Four occupations are exempt from work permits.

Currently, according to regulations in Decree 152/2020 , foreigners working in Vietnam belong to the following 4 basic occupations :

1. Expert 

Be a foreign worker in one of the following cases .

a) Graduated from university or have an equivalent degree and have at least 3 years of work experience. Qualifications and experience must match the desired job in Vietnam .

b) Have at least 5 years of experience and have a practicing certificate appropriate to the job expected to work in Vietnam 

2. Manager

3. Be a business manager according to regulations or be the head of an agency or organization or on behalf of the head of that agency or organization .

Includes sole ownership. general partner. Chairman of the Board of Members. Members of the Board of Members. Company president. Chairman of the Board of Directors ; Member of management Council. Individuals holding the position of director or general director and holding other management positions are specified in the company’s articles of incorporation .

4. Representative Director and Chairman

Become a responsible person in an agency, organization, or state-owned company and directly manage a department .

branch school , factory director …

5. Technical labor

Be a foreign worker in one of the following cases .

a) Have been trained for at least one year in a technical major or other field and have worked for at least three years in the specialized field in which they were trained .

b) Have at least 5 years of work experience suitable to the expected tasks in Vietnam .

*Note: It is necessary to ensure the conditions for each working position as well as the internal operating conditions .

The process for providing services to confirm that foreign workers are not eligible for a work permit is as follows.

Step 1: Submit application for approval of foreign worker position .

30 days before the foreign worker’s expected working date, the employer ( excluding contractors ) is responsible for determining the need to hire foreign workers for each type of job that the foreign worker requires. outsiders will be recruited. In case the foreign worker meets the requirements, report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province or centrally run city (hereinafter referred to as the Provincial People’s Committee) where the foreign worker is located. Foreign workers expected to work. .

Time : 10-15 working days from the date of submitting a valid application

Result : Official dispatch approving the position of using foreign workers .

Profile name :

• Written request confirming that the foreign worker is not eligible to apply for a work permit .
• The grant is valid for 12 months from the date of signing the health conclusion to the date of application submission. health. ( original or certified copy )
• Document approving the need to hire foreign workers, except in cases where there is no need to hire foreign workers. ( original or certified copy )
• Certified copy of valid passport as prescribed by law ;
• ( original or certified copy )
• Document certifying that the foreign worker is not eligible to apply for a work permit .

Step 2: Procedures to confirm that foreign workers are not subject to a work permit

Competent authority : The Ministry of Labor, the Ministry of War Invalids and Social Affairs or the Ministry of Labor, War Invalids and Social Affairs has the authority to confirm that foreign workers are not eligible for work permits .

Time: At least 10 days before the foreign worker starts working.
Duration : Ensure that foreign workers are not eligible to apply for a work permit for up to two years .

Documents required to confirm ineligibility for a work permit include:

Completion time: 5 to 10 days from the date of submitting a valid application

Work permit exemption service

Confirm work permit exemption period

A certificate of ineligibility for a work permit is valid for a maximum of two years and depends on :

1. The term of the labor contract will be signed .
2. Is a term used by foreign countries to bring foreign workers to work in Vietnam .
3. Term of contract or agreement signed between Vietnam and foreign partner .
4. Term of the contract or service provision agreement signed between Vietnam and the foreign partner .
5. The deadline is stated in the document of the service provider bringing foreign workers into Vietnam to negotiate service provision .
6. This term is defined according to the operating license of a government agency, organization or company .
7. Time limit stated in the service provider’s document sending foreign workers to Vietnam to establish the service provider’s commercial presence .
8. Deadline for submitting documents proving that foreign workers are allowed to participate in the operations of foreign companies that have established commercial establishments in Vietnam .
9. Time limit for written approval to hire foreign workers

Work permit/business permit exemption service Quoc Bao Law

Quoc Bao Law advises foreigners on work permit exemption procedures in Hanoi, Ho Chi Minh City and many provinces and cities across the country .

Our work permit application service :

• update service Free license
• License exemption service
• Free license reissuance service
• Licensing service
• Support in creating criminal records
• Support legalization of experience certificates and university degree certificates
• Consulting support on labor contracts for foreigners

Quoc Bao Law provides professional legal services related to work permit exemption and business establishment, providing reliable solutions for individuals and businesses in need. We recognize the importance of these certifications in many different aspects of work and business in Vietnam .

We can help you throughout this process, from advising on specific requirements and necessary documents to handling the necessary procedures with the competent authorities. With a deep understanding of legal regulations and administrative procedures, we strive to ensure processes are carried out effectively and on time .

National Security Law , providing work permit exemption procedures and company establishment services, is not just a normal administrative job. This is an important part to ensure individuals and businesses operate smoothly and comply with regulations and laws .

Let’s start your journey to discover investment procedures in Vietnam, where opportunities are waiting and success is not far away !

Do you need advice or support on what you are looking for ? For help establishing a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Quoc Bao Law .

Please contact hotline /zalo: 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

fan page : https://www.facebook.com