Issuance of work permit
Reference situation:
A financial company based in Ho Chi Minh City, Vietnam, is going to hire a foreign senior financial advisor. The company would like to consult lawyers about legal procedures to hire its foreign advisor.
Our legal advice:
1. Cases where the work permit is exempted
Under Article 7 of Decree No. 11/2016/ND-CP, the work permit is exempted in the following cases where the foreigner is:
- A member or owner of a limited liability company
- A member of the board of directors of a joint-stock company
- A head of a representative office, or projects in Vietnam invested by international organizations or by non-governmental organizations
- Coming to Vietnam, for less than 03 months, to offer services
- Coming to Vietnam, for less than 03 months, to handle complicated technical incidents and situations which affects or might affect the production and business (Vietnamese experts or foreigner experts in Vietnam cannot handle these incidents or situations)
- A lawyer eligible for practicing in Vietnam under Law on Lawyers
- Subject to an international treaty to which Vietnam is a party
- A student studying in Vietnam but the employer must issue a 7-day prior notification to the provincial labor management agency.
Maybe you are interested in: Registration of temporary residence for foreigners in Vietnam/su_note]2. Cases where the work permit is not required
A foreigner is not required to apply for a work permit under one of the following cases:
a) The workers are internally reassigned in the companies which engage in 11 service industries in Vietnam’s WTO commitments on services, including business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment, and transportation;
b) The workers enter Vietnam to provide professional and technical advisory services or perform other tasks serving the research, construction, appraisal, assessment, management, and execution of programs and projects funded by ODA according to the International Treaties on ODA between the competent authorities of Vietnam and other countries;
c) The workers are issued with the licenses for the practice of communications or journalism in Vietnam by the Ministry of Foreign Affairs;
d) The workers are appointed by foreign agencies or organizations to teach or do research in international schools under the management of foreign diplomatic missions or international organizations in Vietnam or the workers are permitted to teach or do research in educational and training institutions in Vietnam by the Ministry of Education and Training;
dd) The workers are volunteers who have obtained the certification of foreign diplomatic missions or international organizations in Vietnam;
e) The workers enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year;
g) The workers enter Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law;
h) Students who are studying in schools or training institutions in foreign countries execute their practicum at agencies, organizations or companies in Vietnam upon agreements;
i) Relatives of members who are executing their functions in foreign missions in Vietnam upon the approval of the Ministry of Foreign Affairs, unless otherwise stated in the International Treaties to which the Socialist Republic of Vietnam is a signatory
k) Having an official passport which states that he/she is working in a state agency, a political organization, or a social-political organization
l) Other cases as decided by the Prime Minister under the request of the Ministry of Labour – War Invalids and Home Affairs
Under the regulations, as shown above, the situation of A is not subject to the exemption work permit, therefore, A needs to apply for a work permit under Vietnamese laws.
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2. Cases where the work permit is not required
A foreigner is not required to apply for a work permit under one of the following cases:
a) The workers are internally reassigned in the companies which engage in 11 service industries in Vietnam’s WTO commitments on services, including business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment, and transportation;
b) The workers enter Vietnam to provide professional and technical advisory services or perform other tasks serving the research, construction, appraisal, assessment, management, and execution of programs and projects funded by ODA according to the International Treaties on ODA between the competent authorities of Vietnam and other countries;
c) The workers are issued with the licenses for the practice of communications or journalism in Vietnam by the Ministry of Foreign Affairs;
d) The workers are appointed by foreign agencies or organizations to teach or do research in international schools under the management of foreign diplomatic missions or international organizations in Vietnam or the workers are permitted to teach or do research in educational and training institutions in Vietnam by the Ministry of Education and Training;
dd) The workers are volunteers who have obtained the certification of foreign diplomatic missions or international organizations in Vietnam;
e) The workers enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year;
g) The workers enter Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law;
h) Students who are studying in schools or training institutions in foreign countries execute their practicum at agencies, organizations or companies in Vietnam upon agreements;
i) Relatives of members who are executing their functions in foreign missions in Vietnam upon the approval of the Ministry of Foreign Affairs, unless otherwise stated in the International Treaties to which the Socialist Republic of Vietnam is a signatory
k) Having an official passport which states that he/she is working in a state agency, a political organization, or a social-political organization
l) Other cases as decided by the Prime Minister under the request of the Ministry of Labour – War Invalids and Home Affairs
Under the regulations, as shown above, the situation of A is not subject to the exemption work permit, therefore, A needs to apply for a work permit under Vietnamese laws.
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3. Legal conditions of a foreigner for work permit's issuance
A foreigner is eligible for the work permit's issuance if he/she meets all the legal conditions as follows:
- Having enough legal capacity under laws of Vietnam
- Having good health for the work required
- Is a manager, a chief executive officer, an expert or a technical expert
- Is not an offender or is prosecuted a criminal liability under laws of Vietnam and foreign countries
- Is accepted by a state agency in writing on the employment of a foreigner
Please click here to explore more about the procedures for the issuance of a work permit.
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