Contents
- I. What are work permit exemption procedures?
- II. The scope of work permit exemption for employees who perform internal transfer within the company
- III. Procedures of of work permit exemption for employees who perform internal transfer within the company
- IV. Dossiers in an application for certification of exemption from work permit for foreign workers.
- V. The validity period for a certification of work permit exemption
I. What are work permit exemption procedures?
In fact, work permit exemption procedures are procedures of certifying workers who are not eligible to have work permit
Foreign workers who are subjects prescribed in Decree 152/2020/ND-CP are in work permit exemption.
II. The scope of work permit exemption for employees who perform internal transfer within the company
According to Decree 152/2020/ND-CP, workers perform internal transfer within the company shall be in scope of 11 sectors listed in Vietnam’s Schedule of World Trade Organization Commitments, including: business services, communication services, construction services, contribution services, education services, environment services, finance services, health services, tourism services, entertainment services and transportation services.
The category of 11 sectors in Vietnam’s Schedule of World Trade Organization Commitments applied to foreign workers who are managers, chief executive officers, experts, technical workers is prescribed in Circular 35/2016/TT-BCT.
III. Procedures of of work permit exemption for employees who perform internal transfer within the company
Step 1: Submit the explanation of labor demand to The Ministry of Labour – Invalids and Social Affairs.
The validity period: 7 working days
Step 2: The Ministry of Labour – Invalids and Social Affairs shall have the authority to grant certification of exemption from work permit for foreign workers.
The validity period: 5 working days
IV. Dossiers in an application for certification of exemption from work permit for foreign workers.
a) Application forms for certification of work permit exemption of foreign workers according to Form No.09/PLI provided in Annex I Decree 152/2020/ND-CP
b) Medical Checkup as prescribed in Clause 2 Article 9 Decree 152/2020/ND-CP
c) A document on approval of the demand for foreign workers ;
d) A valid certified true copy of passport in accordance with Law
e) A certified true copy of the Business registration certificate;
f) A certified true copy of the Investment registration certificate;
g) Documents proving foreign workers’ eligibility to exemption of work permit
Documents specified above shall be original or certified copy, Foreign-language documents shall be consular legalized, translated into Vietnamese and be certified unless It is exempt from consular legalization under Treaties to which The Social Republic of Vietnam and foreign countries are parties or under the principle of reciprocity in accordance with law.
V. The validity period for a certification of work permit exemption
The validity period of a certification of exemption from work permit must not exceed 2 years.
In case of re-issued certification, its validity period must not exceed 2 years
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to work permit exemption.
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