Work permit exemption for foreigners. Work permit exemption for foreign nationals? As the world becomes increasingly global, labor migration has become an important aspect of countries’ global image. One of the prominent topics in this area is the exemption of work permits for foreigners. This not only shows the willingness for tolerance, cooperation and unity between countries, but also reflects changing trends in the concept of labor and economic development.
Exemption from work permits for foreigners is a matter of concern and research in many countries. This will create a favorable environment for people seeking employment opportunities overseas and contribute to the promotion of diverse cultural and economic development. However, there are also challenges and controversies in implementing this policy, such as creating competition with domestic labor sources, protecting the rights of migrant workers, and the risk of social unrest .
In this article, together we will learn about the importance and benefits of work permit exemption for foreign nationals, and the issues that need to be carefully considered to ensure that this policy is in the best interests of both domestic and immigrant communities. Please refer to the article below for the Quoc Bao method.
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Work permit exemption for foreigners
20 cases where foreign workers’ work permits are exempted
154 of the 2019 Labor Law and Article 7 of Decree 152/2020/ND-CP , there are currently 20 cases in which foreign workers do not need to apply for a work permit . Specifically :
(1) Be the owner or investor of a limited company with an invested capital of 3 billion VND or more .
(2) Be the chairman or member of the board of directors of a joint stock company with a capital of 3 billion VND or more .
(3) Movement within companies in business, information, construction, distribution, education, environment, finance, medical care, tourism, culture, entertainment, transportation, etc. Applies only if the following 04 conditions are met :
–Employees are managers, executives, professionals, and technicians of foreign companies .
– The company has established a commercial presence in the territory of Vietnam .
– Temporary relocation within a company to a commercial base within the territory of Vietnam .
– The employee has been employed by the company for at least 12 consecutive months.
(4) Providing professional and technical consulting services for research, development, evaluation, monitoring and evaluation, management and implementation of programs and projects, or performing other tasks using ODA funds ;
(5) Receive permission from the Ministry of Foreign Affairs for information and reporting activities in Vietnam .
(6) Being dispatched to Vietnam to teach or conduct research at an overseas diplomatic mission or an international school under the management of the United Nations. Facilities and organizations established under agreements signed or joined by Vietnam .
(7) Volunteers who work without pay for the implementation of international treaties and are recognized by overseas embassies or sending international organizations .
(8) The period of employment as a manager, executive officer, expert, or engineer is less than 30 days, and less than 3 times a year .
(9) Enter Vietnam to implement international agreements signed by central and local institutions and organizations .
(10) Students studying abroad have agreed to do practical training in Vietnam. Vietnamese ship trainees and trainees .
(11) Relatives of members of foreign representative offices in Vietnam .
(12) Possess an official passport for working in state institutions, political organizations and socio-political organizations .
(13) Persons responsible for establishing a commercial presence .
(14) Be recognized by the Ministry of Education and Training as a foreign worker entering Vietnam for educational and research purposes .
(15) Being in charge of a representative office or project in Vietnam, or having primary responsibility for the operation of an international organization or foreign non-governmental organization .
(16) Entered Vietnam for less than 3 months to provide services .
(17) Experts who have entered Vietnam for less than three months to deal with problems, technical situations, or complex technologies that affect or may affect production or business currently in Vietnam . cannot be processed .
(18) Be a foreign lawyer who has obtained a lawyer qualification in Vietnam .
(19) Cases based on the provisions of international treaties to which the Socialist Republic of Vietnam is a party .
20 foreigners married to Vietnamese nationals and residing in Vietnamese territory .
Documents and procedures for confirming work permit exemption
Exemption from issuance of a work permit does not mean that notification to the Labor Management Bureau is no longer required. Therefore, employees must take steps to request certification in accordance with the provisions of Article 8 of Decree 152/2020/ND-CP .
Confirmation application
– A written request to prove that the employee is not eligible to obtain a work permit, made in accordance with Form No. 09/PLI of Appendix I of this Decree .
– Certified copy of a valid passport .
–Certificate or medical examination certificate issued by a foreign or Vietnamese medical institution within 12 months before the time of application submission .
– Written approval of the need, unless it is necessary to employ foreign workers .
–Documentation certifying that the employee is not required to issue a permit .
The last three types of documents must be submitted in original or certified copies. Please note that if issued abroad, it must be legalized at a consulate, translated into Vietnamese and authenticated .
Implementation steps
– . The employee receiving department submits the application for certification to the Ministry of Labour, Invalids and Social Affairs before the scheduled working hours .
– Within 5 working days after receiving the complete application , the receiving authority shall issue a written confirmation (hereinafter referred to as confirmation letter ) stating that the employee is not eligible for a work permit .
– The maximum term of the written certification shall not exceed 2 years .
In exceptional cases, work permit exemption confirmation procedures are not required.
According to Article 8, Paragraph 2 of Decree No. 152/2020/ND-CP, there is no need to confirm the exemption of the work permit in the following cases, but it is necessary to report it to the Ministry of Labour , Invalids and Social Affairs : That’s all .
–Enter Vietnam for a period of less than 3 months to provide services .
– Must be a foreign lawyer who has obtained the bar qualification in Vietnam .
– Foreigners married to Vietnamese nationals and living in Vietnamese territory .
– Be the owner or investor of a limited company with an invested capital of VND 3 billion or more .
– Be the chairman or member of the board of directors of a joint stock company with an invested capital of VND 3 billion or more.
– Working in the position of manager, executive director, specialist or technical worker for less than 30 days and no more than 03 times per year .
– Relatives of members of foreign representative offices in Vietnam .
Work permit exemption for foreigners
Penalty level in the absence of valid written confirmation
** For employees
31 , Paragraph 3 of Decree No. 28/2020/ND-CP , employees are sanctioned as follows :
Article 31 _ Violation of regulations against foreigners working in Vietnam
…………
- Foreign workers working in Vietnam who commit any of the following acts shall be subject to a fine of VND 15,000,000 to VND 25,000,000 :
- a) Work without obtaining a work permit or without confirming in writing that they are not eligible for a work permit as provided by law ;
- b) Use an expired work permit or written confirmation that the work permit is ineligible .
** For employers
4 of this article , employers are subject to sanctions as follows :
Article 31 _ Violation of regulations against foreigners working in Vietnam
…………
Employers who let foreign workers work in Vietnam without a work permit and a certificate confirming their ineligibility for a work permit, or foreigners whose work permit has expired, or Penalties for employers who hire foreign workers without written confirmation of ineligibility.Permits have expired at one of the following levels :
- a) VND 30,000,000 to VND 45,000,000 for violation of 1 to 10 persons .
- b) A fine of VND 45,000,000 to VND 60,000,000 for violations of 11 to 20 persons .
- c) From 60,000,000 VND to 75,000,000 VND for violations involving 21 or more persons .
Note : The above fines apply to individuals. If an organization commits a similar violation, the fine will be doubled .
Form No. 09/PLI – Written request to confirm that the foreign worker is not eligible for a work permit
Form No.09/PLI
| Trade name / organization ——– | Socialist Republic of Vietnam Independence – Freedom – Happiness ——————- |
| Number: …………… Confirmation that the foreign worker is not eligible to obtain a work permit | .………… , date …… . Moon … _ Year … _ |
To : ………….. (1) …………..
1.Company name/organization name: …………………………………………………………………
- Types of companies / organizations ( state-owned enterprises / foreign-funded enterprises / non-state-owned enterprises / organizations ……………… ……………………..
- Total number of employees currently working in a company or organization : ………… .people
The number of foreign workers working is : ………… people
- Address: ………………………………………………………………………………………………… . ..
- Phone number: ……………………………………………6 . Email ( if available ) …………………… ………….………………..
- Business (operation) license number: ………………………………………………………………… ..
Issuing authority: ……………………………………………. ..Expiry date : …………… …….…………………… .
Business details (activities): ………………………………………………………………………………………
- Company/organization applicant (telephone number, email address) to be contacted as necessary : …………………………………………………………………………………….
document number … (year … month … ) regarding approval of employment of foreign workers , (company/organization name) proposes …… (2) Confirm that the following foreign workers are not eligible to obtain a work permit .
- Name: ……………………………………………………………………………………… ..
- Date of birth: ……………………… 11. Gender (male / female): ………………………
- Nationality: ……………………… 13.Passport number: ………………………………… .
- Issuing authority : …………… 15. Expiry date : …………………………………………… .…………
- Position : ……………………………………………………………………………..
- Job title: ………………………………………………………………… . .
- Work type :……………………………………………………………………………………………… . ..
- Professional qualifications (skills) (if any): …………………………………………………………………………… ..
- Working in a company / organization : ………………………………………………………………… . ………… .
Work location: ………………………………………………………………………………………………… ……
- Working period : ( day … month … year …)… from ( day … month … year … ) … …………
- If the foreign worker is not eligible to obtain a work permit (please specify who is designated in the Decree No. ……………… article): ………………………………… ……………… ………….. ..
- Attached materials (paper title list): ……………………………………………………… ..
Thank you very much !
| Pick-up location: – Same as above. – Save: ……….. | Representative of company/organization (signature, full name, seal ) |
Notes : (1) , (2) Ministry of Labor – Invalids and Social Affairs ( Employment Bureau )/ Ministry of Labor – Invalids and Social Affairs of Provinces and Municipalities …
Work permit preparation service for foreigners in Quoc Bao’s Law
With the explosive development of the world economy and the continuous development of industry, attracting international labor sources has become an important part of many countries’ development strategies. In the not-too-distant future, connections and cooperation with foreign nationals will play an important role in promoting innovation and sustainable development. In this context, Attorney Quoc Bao has emerged as the person providing work permit support and advice for foreigners, bringing new opportunities and comprehensive solutions to both employers and employees .
With its deep vision and solid understanding of the law and labor market, Quoc Bao Law brings confidence to those seeking assistance in handling complex procedures related to the law and labor market. Our professional and experienced team is committed to providing high-quality, customized services that fully meet the requirements and standards of both parties, from developing recruitment strategies to ensuring compliance and adhering to legal regulations. I am .
As the world becomes increasingly connected, Law Quoc Bao provides consulting services. We act not only as a service but also as a partner in your expansion and development journey, providing accurate and up-to-date advice so you can make wise and effective decisions .
Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
Facebook fan page : https://www.facebook.com
