Work permit exemption cases. In what cases is a work permit exempt? In today’s diverse business and work environments, working in another country is not only opportunistic, but also a trend that reflects global developments. In this process, work permits are often considered an important element of workers’ legitimacy and rights. However, a work permit is not always required. Work permit exemptions have emerged as a hot topic in the field of labor and law.
Work permit exemption is a complex and diverse process, and regulations and conditions associated with working in another country do not require workers to obtain a work permit. Work permit exemptions reflect not only the flexibility of the labor market, but also changes in the concept of work and the way human resources are managed.
From technicians to international performers, people who cannot stay in one place but make meaningful contributions to the work environment are an example of promoting flexibility activities and work permit exemptions. However, a clear understanding of the relevant terms, regulations and benefits is critical to ensure that all those involved in unauthorized labor activities operate within legal boundaries and protect their rights.
In this context, let’s explore work permit exemptions. Let’s consider the story behind these decisions and their impact on both workers and the international business environment. Please refer to the article below for the Quoc Bao method.
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
Mục lục
In what cases are work permits exempt under current law?
There are 20 cases that are not eligible for the issuance of a work permit, also called exemption from work permit, as provided in Article 154 of the Labor Law 2019 and Article 7 of Decree 152 / 2020/ND-CP.
- Foreigners are heads of representative offices or projects, or are primarily responsible for the operations of international organizations or foreign non-governmental organizations in Vietnam .
- Foreigners entering Vietnam for a period of less than three months to provide services .
- To deal with issues, technical situations and complex technologies that affect or are likely to affect production or business, which cannot be addressed by Vietnamese experts or foreign experts currently in Vietnam. Foreigners entering Vietnam for a term of less than 3 months .
- A foreigner is a foreign lawyer who is qualified to practice law in Vietnam according to the Law on Lawyers .
- Foreign nationals who fall under the provisions of international treaties to which the Socialist Republic of Vietnam is a party .
- Foreigners who are married to Vietnamese nationals and reside in Vietnamese territory .
- A foreigner is an owner or investor of a limited liability company with an investment of VND 3 billion or more .
- A foreigner who is the chairman of the board of directors or a member of the board of directors of a joint stock company with an investment amount of VND 3 billion or more .
- Foreigners can work within enterprises within 11 service industries, including business, information, construction, distribution, education, education, environment, finance, health, tourism, culture, entertainment, and transportation, according to Vietnam’s service commitment schedule with the World Trade Organization. is moving to .
- Research, construction, evaluation, monitoring, evaluation, management and implementation programs and projects using Official Development Assistance (ODA) sources to provide professional and technical consulting services or under international treaty regulations and agreements; Foreigners entering Vietnam to carry out other duties related to ODA concluded between Vietnam and foreign competent authorities .
- Foreigners are granted permission by the Ministry of Foreign Affairs to carry out information and journalistic activities in Vietnam in accordance with the law .
- Foreign nationals who are sent to Vietnam by competent foreign institutions or organizations to teach or conduct research at foreign diplomatic missions or international schools under the management of the United Nations. Facilities and organizations established under agreements signed or joined by Vietnam .
- Volunteers are foreign workers who work voluntarily and without pay in Vietnam to implement international treaties to which the Socialist Republic of Vietnam is a party and recognized by Vietnam’s foreign diplomatic representatives or international organizations .
- Foreigners may enter Vietnam to work as managers, executives, professionals or technical workers for less than 30 days and no more than 03 times per year .
- Foreigners entering Vietnam are subject to international agreements signed by central and local institutions and organizations in accordance with the law .
- Foreign students who have internship agreements with Vietnamese agencies, organizations, and companies, and students attending overseas schools and training institutions. International students will do an internship on a ship in Vietnam .
- Relatives of members of foreign missions in Vietnam are permitted to work in Vietnam in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party .
- Foreign nationals who hold official passports to work in state institutions, political organizations and socio-political organizations .
- Foreigners are responsible for establishing a commercial presence .
- Foreigners are recognized by the Ministry of Education and Training as foreign workers who enter Vietnam for educational or research purposes .
Where are employees working but do not have a work permit or written confirmation that they are not eligible for a work permit?
If an employee is working without a work permit or does not have written confirmation that he or she is not eligible for a work permit as required by law, the employee may: will be treated.
According to Article 32 , Articles 3 , 4 and 5 of Decree 12/2022/ND-CP governing violations of regulations regarding 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 .
Employers who hire foreign workers to work in Vietnam without a work permit or a certificate confirming their ineligibility for a work permit shall be subject to a fine. do. If confirmation of ineligibility for a work permit has expired at any of the following levels :
- a) Fines from VND 30,000,000 to VND 45,000,000 for violations of 1 to 10 persons .
- b) A fine of VND 45 million to VND 60 million for violations of 11 to 20 persons.
- c) A fine of VND 60 million to VND 75 million for violations of 21 or more persons.
Additional sanctions. Expulsion of foreign workers working in Vietnam in case of violation of the provisions of Clause 3 of this article.
Therefore, foreign workers who do not have a work permit or do not have written confirmation that they are not eligible for a work permit as required by law can be subject to a fine of VND15 million to VND25 million. At the same time, he was expelled from Vietnam.
Additionally, employers who allow foreign workers to work in Vietnam without a work permit or a certificate confirming their ineligibility for a work permit will be subject to a fine of VND 30 million to VND 30 million is imposed work.
Consulting services of attorney Quoc Bao regarding legal work permit exemption:
In an increasingly interconnected world, working in another country has become an attractive opportunity for many people. In particular, some countries allow foreigners to work without a work permit. However, to ensure compliance with the law and the interests of both workers and businesses, it is important to have a clear understanding of the regulations and conditions surrounding work permit exemptions.
Work permit exemption consulting by attorney Quoc Bao The service was created to help workers and businesses understand and properly implement the legal provisions regarding work permit exemptions. We are committed to providing detailed information and accurate advice about the conditions, restrictions and benefits associated with working without a work permit.
Attorney Quoc Bao has extensive experience and understanding of labor and immigration law and will help you complete all necessary formalities and resolve all legal issues related to work permit exemptions. We understand that each case is a separate story, so we will customize the best solution to ensure a smooth and legal work process in Vietnam.
Our Work Permit Exemption Advisory Service not only assists with the enforcement of legal regulations, but also brings peace of mind and certainty to your journey to work in Vietnam.
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
