According to the Department of Employment (Ministry of Labor - Invalids and Social Affairs), by the end of July 2019, there were 91,200 foreigners working in Vietnam, of which 81,900 were eligible for work permits.
Therefore, 9,300 people will not be eligible for work permits, which means they are exempt from work permits. NPLAW will now help you list the cases exempted from work permits for foreigners:
Pursuant to Article 7 of Decree 152/2020/ND-CP "REGULATIONS ON FOREIGN WORKERS WORKING IN VIETNAM AND RECRUITMENT, MANAGEMENT OF VIETNAMESE WORKERS WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM" and Article 154 of the Labor Code 2019, there are currently 20 cases of foreign workers who are not required to apply for work permits, specifically as follows:
1. Being owner or member contributing capital to a limited liability company with a capital contribution of at least 3 billion VND.
2. Being chairman or member of the Board of Directors of a joint stock company with a capital contribution of at least 3 billion VND.
3. Having internal corporate transfers within the scope of 11 service sectors in Vietnam's Commitment Schedules on Services with the World Trade Organization, including: Business, Information, Construction, Distribution, Education, Environment, Finance, Healthcare, Tourism, Culture and Entertainment and Transportation.
4. Entering Vietnam to provide professional and technical consulting services or perform other tasks that serve research, construction, appraisal, monitoring and evaluation, management and implementation of programs and projects using sources of official development assistance (ODA) as prescribed or agreed in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
5. Granted licenses that were used to provide information and press activities in Vietnam by the Ministry of Foreign Affairs in accordance with the Law.
6. Nominated to Vietnam by competent agencies and organizations of foreign countries to teach and research at international schools under the management of foreign diplomatic missions or the United Nations, or establishments and organizations established under agreements that Vietnam has signed and participated in.
7. Being volunteers as prescribed in Clause 2, Article 3 of this Decree.
8. Entering Vietnam to work as managers, directors, experts or technical workers for a period of less than 30 days and not more than 03 times in a year.
9. Entering Vietnam to implement international agreements signed by central or provincial agencies or organizations in accordance with the law.
10. Being students studying at schools or training institutions abroad who have agreements to practice in agencies, organizations or enterprises in Vietnam; trainees and apprentices on Vietnamese ships.
11. Being relatives of members of foreign representative agencies in Vietnam as prescribed in Point l, Clause 1, Article 2 of this Decree.
12. Being holders of official passports entering Vietnam to work for state agencies, political organizations, and socio-political organizations.
13. Being persons that are responsible for establishing commercial presences.
14. Confirmed by the Ministry of Education and Training as foreign workers entering Vietnam to teach and research.
15. Being the Chief Representatives of the representative offices, projects or being persons that are responsible for the main activities of the international organization, foreign non-governmental organization in Vietnam.
16. Entering Vietnam for less than 03 months to perform service offerings.
17. Entering Vietnam for less than 03 months to handle incidents, technical problems and complicated technologies that arise and affect or may affect production or business that existing experts in Vietnam cannot handle.
18. Being foreign lawyers who have been granted Practice Certificates of Law in Vietnam.
19. Being cases as prescribed by international treaties to which the Socialist Republic of Vietnam is a member.
20. Foreigners who are married to Vietnamese people and live in Vietnam.
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