Exempt work permit. What is a work permit exemption? A work permit exemption is currently a This phrase is of particular interest to foreign workers. Temporary residence card for long-term residence in Vietnam. The latest regulations regarding work permit exemptions are clearly set out in the Labor Law No. 45 / 2019/QH14 with effect from January 1 , 2021 and the Decree 152/2020/ND-CP with effect from February 15 , 2021. It has been.
And in this article, Luat Quoc Bao would like to introduce all the following information about work permit exemption for foreigners.
- What is a work permit exemption?
- What are the cases in which a work permit is exempt?
- What documents are included in the work permit exemption document?
- What are the steps to apply for a work permit exemption?
- How long is the work permit exemption period?
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 .
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What is a work permit exemption?
To be precise, work permit exemption is a term used to refer to foreign workers who are not eligible for a work permit.
Therefore, if your work permit is exempted, you will no longer need to go through the process of applying for a work permit, but you will have to go through a separate process to apply for confirmation of your ineligibility for a work permit.
20 work permit exemption cases
According to the provisions of Article 154 of the Labor Law No. 45/2019/QH14 and Article 7 of Decree 152/2020/ND-NP , there are currently 20 cases that are not eligible for a work permit, also known as a work exemption. Work permits, specifically:
- 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 .
Documents for applying for work permit exemption
Article 8 of Decree 152/2020/ND-CP , an application for proof of ineligibility for a work permit includes:
- A written request to confirm that the foreign worker is not eligible to obtain a work permit. Prepared in accordance with Form No. 09/PLI .
- Health certificate issued within the last 12 months .
- Written approval of the need to hire foreign workers, unless there is no need to hire foreign workers .
- Certified copy of a valid passport as required by law;
- A document certifying that a foreign worker is not eligible to obtain a work permit .
Documents issued in Vietnam must be originals or notarized copies, and documents issued abroad must be legalized in a consulate (unless exempted from consular legalization) and notarized in Vietnam. translation into Japanese is required.
Work permit exemption application procedure for foreigners
Work permit exemption does not mean that exempt employees are free to come to work without any formalities. Employers who employ foreign nationals who are exempt from work permits must go through the process of applying for confirmation of work permit exemption (also known as confirmation of non-work permit eligibility) or report to the competent authority. there is.
Here are the steps to apply for a specific work permit exemption:
Step 1 : Apply for employment approval for foreign workers
This procedure is detailed in Article 4 of Decree 152/2020/ND-CP as follows:
- First, the employer prepares the following documents :
- Notarized copy of business registration;
- A written statement of the need to use foreign workers (Form 01/PLI) or, if the need to use foreign workers has changed, a change in the need to use foreign workers; written explanation (Form 02/PLI) .
- Thereafter, at least 30 days before the foreign worker’s scheduled start date, the employer must submit the above documents to the Ministry of Labor , War Invalids , and Social Affairs or the People’s Committee of the province in the city under the central government. It won’t. Foreign workers are expected to work to apply for written approval for the need to hire foreign workers .
- Receive written approval of the need to hire foreign workers in accordance with Form 03/PLI. If permission is not granted, the Ministry of Labor , War Invalids and Social Affairs or the provincial People’s Committee shall provide a written explanation of the reasons .
Form 03/PLI – Latest written approval for foreign worker needs
Step 2: Confirm that you are a foreign worker not eligible for a work permit
In this step,
- Employers and employees complete a series of documents, including those listed in the section on Work Permit Exemption Documents .
- must then submit this document to the Ministry of Labour , Invalids and Social Affairs or the Ministry of Labor, Invalids and Social Affairs at least 10 days before the foreign worker starts work. Workers will work .
- Receive confirmation of foreign worker’s work permit exemption according to Form 10/PLI. In case of refusal, the foreign employer will receive a written response stating the specific reasons .
Latest Work Permit Exemption Confirmation Form
Note:
4 and 8 of Decree 152/2020/ND-CP , the steps of applying for written approval of the need to employ foreign workers and applying for confirmation of labor exemption are exempted in the following cases: Masu. What you allow : .
- Exemption from application for written approval for employment of foreign workers
Those eligible for work permit exemptions do not need to go through the steps of determining the need to use foreign workers, but do need to go through the steps of applying for confirmation of ineligibility for a work permit. These are the following six .
- To be the head of a representative office or project, or to have primary responsibility for the operation of an international organization or foreign non-governmental organization in Vietnam .
- 3 months in Vietnam to deal with issues, technical situations and complex technologies that affect or may affect production or business that Vietnamese experts or Vietnamese experts have to deal with This cannot be applied to foreign countries that entered the country within the period and are currently residing in Vietnam .
- Enter Vietnam to implement international agreements signed by central and local institutions and organizations in accordance with the law .
- Pupils and students studying at overseas schools and training institutions that have agreements for internships in Vietnamese institutions, organizations and companies. Vietnamese ship trainees and trainees .
- Possess an official passport for working in state institutions, political organizations and socio-political organizations .
- Responsible for establishing commercial presence .
- Exemption from work permit application procedures
There are two cases of work permit exemption in which the application procedure for confirmation of ineligibility for a work permit is exempted. However, an employer must apply for written approval of the need to hire a foreign worker at least 30 days before the planned date of hiring the foreign worker and at least 3 days before the planned date of hire. Have to. Information to report to the Ministry of Labour, Invalids and Social Affairs or the Ministry of Invalids and Social Affairs where the foreign worker will work: name, age, nationality, passport number, name of the foreign employer, start and end dates of employment.
These two cases are:
- A foreign lawyer who has obtained a lawyer qualification in Vietnam based on the Lawyers Law .
- Foreigners who are married to Vietnamese nationals and reside in Vietnamese territory .
- Cases in which the need to employ foreign workers and the application for work permits are exempted
There are five cases in which both steps in the work permit exemption process are waived . However, at least three days before the foreigner’s scheduled start date , the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Ministry of Labor, War Invalids and Social Affairs where the worker resides. It doesn’t have to be. Information about the worker scheduled to work : name, age, nationality, passport number, name of foreign employer, start and end dates of employment.
These five cases include:
- Foreigners entering Vietnam for a period of less than three months to provide services .
- 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 or director of a joint stock company with an investment amount of VND 3 billion or more .
- 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 .
- Foreign nationals who are relatives of members of Vietnam’s foreign missions are permitted to work in Vietnam under the provisions of international treaties to which the Socialist Republic of Vietnam is a party .
Expiry date of work permit exemption certificate
Similar to the expiry date of a work permit, the maximum time period in which a foreign worker can confirm that he or she is not eligible for a work permit is 02 years, if one of the following applies:
- The term of the labor contract will be signed .
- Deadline for sending foreign workers to Vietnam by foreign parties .
- Duration of contracts or agreements signed between Vietnam and foreign partners .
- The term of the contract or agreement for the provision of services mutually signed by Vietnam and foreign partners .
- Deadline for documents sending foreign workers to Vietnam to negotiate the provision of services by service providers .
- This term is specified in the operating license of a government agency, organization, or company .
- The deadline stated in the document for sending foreign workers to Vietnam to establish the commercial presence of the service provider .
- Deadline for documents proving that foreign workers can participate in the operations of foreign companies that have established a commercial base in Vietnam .
- Regarding the deadline for a letter of consent regarding the employment of foreign workers, the above-mentioned cases in which a report explaining the necessity of hiring foreign workers is not required are excluded .
When reissuing a work permit exemption certificate, the expiry date of the reissued work permit exemption certificate will also be 2002 .
This deadline is clearly specified in Article 8 of Decree 152/2020/ND-CP .
Consulting Services Work Permit Exemption – Quoc Bao Law
- Are you wondering whether you, your friends or employees are exempt from Vietnam work permits?
- Not sure how to prepare documentation to prove that your employee has a work permit exemption?
- Not familiar with the entire work permit exemption regulations and the process and procedure for applying for a work permit exemption?
- There is no time to process the application for work permit exemption .
- Or are you simply looking for a service sector that offers work permit exemptions?
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.
Attorney Quoc Bao’s work permit exemption consulting services not only assist in the enforcement of legal regulations, but also bring 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
