Procedures for confirming exemption of work permits regulated by law

In this article, NPLaw would like to provide some issues in supporting enterprises to better understand the exempting regulations for work permits for foreigners. Avoiding failure to perform the procedures for work permit exemption for foreigners strictly regulated by Law that leads to undesirable sanctions.

What is a work permit exemption?

Exemption from work permits means foreign workers working in Vietnam do not have to implement the procedures for issuing work permits.

Why is it necessary to implement the procedures for exemption from work permits?

A work permit exemption is a procedure that allows foreigners to legally work for enterprises in Vietnam. If not fully implemented, enterprises and employees can be sanctioned in accordance with the Law.

What cases are exempt from work permits?

There are cases of exempting work permits in accordance with the law, in particular:

Cases exempting from work permits but must apply for confirmation documents:

- As head of representative offices or projects or being responsible for the activities of international organizations and foreign non-government organizations in Vietnam;

- Entering Vietnam with a period of less than 03 months to perform service offerings or troubleshooting, technical situations or complex technologies arising that affect or risk production and business that Vietnamese and foreign experts currently in Vietnam can not handle;

- As foreign lawyers who have been granted a license to practice law in Vietnam;

- In cases that are in accordance with international treaties to which the Socialist Republic of Vietnam is a member;

- Foreigners marrying Vietnamese citizens and living on Vietnamese territory;

- Internal transfers of enterprises in the scope of eleven (11) service sectors in Vietnam's service commitment schedule with the World Trade Organization;

- Cases entering Vietnam to provide professional and technical consultancy services or perform other tasks for research, construction, appraisal, evaluation, management and implementation of programs and projects using official development assistance (ODA) as prescribed or agreed in international treaties on ODA signed between the Vietnamese competent authorities and abroad;

- Cases licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam as prescribed by Law;

- Cases sent to Vietnam by foreign competent agencies and organizations to teach and study at the International School under the management of foreign diplomatic missions or the United Nations, or  institutions and organizations established under the agreements that Vietnam has signed and participated in;

- Voluntary and unpaid volunteers to implement international treaties to which the Socialist Republic of Vietnam is a member and certified by foreign diplomatic missions or international organizations in Vietnam;

- Cases entering Vietnam to work as managers, CEOs, experts or technical workers have a working time of less than thirty days and no more than three times in one year;

- Cases entering Vietnam to implement international agreements that agencies or organizations at the central or provincial levels signed in accordance with the Law.

- Students studying at overseas schools or training institutions have internship agreements with agencies, organizations and enterprises in Vietnam; trainees and apprentices on Vietnamese ships;

- Relatives of members of foreign missions in Vietnam who are allowed to work in Vietnam in accordance with international treaties to which the Socialist Republic of Vietnam is a member;

- Cases owning public service passports to work for state agencies, political organizations and socio - political organizations;

- Persons being responsible for establishing commercial presences;

- Cases that foreign workers are certified by the Ministry of Education and Training to enter Vietnam to teach and study.

The cases are exempt from work permits and only need to implement reporting regimes

- As the owners or members contributing capital to the limited liability company with capital contributions of three billion VNĐ or more;

- As chairman or members of the Board of Directors of the Joint Stock Company with capital contributions of three billion VNĐ or more;

- Cases entering Vietnam to work as managers, CEOs, experts or technical workers with a working period of less than 30 days and no more than three times in one year;

- Relatives of members of foreign missions in Vietnam.

What are the documents and processes for exempting work permits?

To implement the documents and processes, enterprises should note the following issues:

In cases, it is required to ask for confirmation documents

Step 1: Enterprises apply for documents at the Department of Labor, Invalids and Social Affairs before the expected time that employees start working for at least ten days, including:

- Written proposals to confirm foreign workers;

- Health certificates or medical examination certificates;

- Written approvals of the need to employ foreign workers, except in cases where it is not necessary to determine the need to employ foreign workers;

- Certified copies of passport;

- Documents proving that foreign workers are not subject to work permits.

Step 2: The Department of Labor, Invalids and Social Affairs grants documents confirming or refusing to grant documents (stating the reasons)

In some cases, reports are all that are needed

The enterprises shall make reports to the Department of Labour-Invalids and Social Affairs where foreign workers are expected to work at least 3 days from the day the workers start working in Vietnam.

In cases that work permit exemption procedures for foreigners are implemented, how are they sanctioned?

If the procedures for exempting work permits are not complemented, both foreign workers and enterprises will be sanctioned as follows:

- For workers: fines from 15,000,000 VND to 25,000,000 VND

- For enterprises:

+ From 30,000,000 VND to 45,000,000 VND with violations of 01 to 10 foreign workers;

+ From 45,000,000 VND to 60,000,000 VND with violations of 11 to 20 foreign workers;

+ From 60,000,000 VND to 75,000,000 VND with violations of 21 foreign workers or more.

In addition, foreign workers may be expelled from the territory of Vietnam.

Legal grounds:

Labour code 2019;

Decree 152/2020/ND-CP dated 30/12/2020;

Decree 28/2020/ND-CP dated 01/03/2020.