Procedure for confirmation of foreign workers subject to work permit requirement
01. Conditions for application
Foreign citizens working in Vietnam who are exempt from work permit
1. Capital-contributing members or owners of limited liability companies.
2. Members of the Board of Directors of joint-stock companies.
3. Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam.
4. Those who stay in Vietnam for under 3 months to offer services for sale.
5. Those who stay in Vietnam for under 3 months to deal with complicated technical or technological problems that adversely impact or are at risk of exerting adverse impacts on production and business activities and these problems cannot be handled by Vietnamese and foreign experts who are currently in Vietnam.
6. Foreign lawyers possessing a professional practice license in Vietnam in accordance with the Law on Lawyers.
7. It is in accordance with a treaty to which Vietnam is a contracting party.
8. Those who are studying and working in Vietnam, provided that the employer shall notify their employment to the provincial-level state management agency of labor 7 days in advance.
9. Other cases:
a) The workers are internally reassigned in the companies which engage in 11 service industries in the 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 the 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) Workers are holders of Official Passports for working in state agencies, political organizations or sociopolitical organizations
02. Applicable laws
1. Labour Code 2012
2. Decree No. 11/2016/ND-CP implementing regulations of Labour Code on foreign workers in VIetnam Labour Code
3. Circular No. 40/2016/TT-BLDTBXH implementing Decree No. 11/2016/ND-CP
4. Decree No. 140/2018/ND-CP amending some articles of Decree No. 11/2016/ND-CP
Step 1: Prepare the following documents
1. The written request for the certification that the foreign workers are exempt from work permits;
2. The list of foreign workers which specifies their full names, ages, genders, nationalities, passport numbers, staring and ending dates of employment and their job positions;
3. Documents proving that the foreign workers are eligible for exemption from the work permit;
4.Documents proving that the foreign workers are eligible for exemption from the work permits include 01 photocopy of each kind enclosed with its original for comparison or 01 certified copy of each kind; the documents of foreigners are exempt from consular legalization but they must be translated into Vietnamese and authenticated in accordance with the Vietnam law.
Step 2: Submit the file
The employer shall request the Service of Labor, War Invalids and Social Affairs of the province where the planned working place of foreign workers is located to certify that such foreign workers are eligible for exemption from work permits at least 07 working days before the day on which they start to work.
Step 3: Get result
Within 03 working days from the day on which the sufficient application is received, the Service of Labor, War Invalids and Social Affairs shall send a written certification to the employer. A written response and explanation shall be provided if the certification is rejected.