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Vietnam work permit exemption certificate

Miễn GPLĐ

1. What is a work permit exemption?

To be precise, work permit exemption is a way of calling foreign workers who are not subject to work permits.

Thus, cases of work permit exemption will not have to carry out the procedure for applying for a work permit anymore, but will carry out another procedure to apply for a confirmation that they are not eligible for a work permit.

Vietnam Work permit exemption

2. Subjects exempted from work permits

According to the provisions of Article 154 of the Labor Code No. 45/2019/QH14 and Article 7 of Decree 152/2020/ND-NP, there are currently 20 cases that are not eligible for work permits, also known as exemptions from work permits. work permit, specifically as follows:

    1. The foreigner is the head of a representative office or project or is primarily responsible for the operation of an international organization or foreign non-governmental organization in Vietnam.
    2. Foreigners entering Vietnam with a term of less than 3 months to make a service offering.
    3. Foreigners entering Vietnam with a term of less than 3 months to handle problems, technical situations, complex technologies that arise affecting or potentially affecting production and business that Vietnamese experts and foreign experts currently in Vietnam can’t handle it.
    4. Foreigners are foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
    5. Foreigners falling into the cases prescribed by international treaties to which the Socialist Republic of Vietnam is a contracting party.
    6. Foreigners marrying Vietnamese and living in Vietnamese territory.
    7. Foreigners are owners or capital contributors of a limited liability company with a capital contribution value of VND 3 billion or more.
    8. Foreigner who is the chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
    9. Foreigners moving within enterprises within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education education, environment, finance, health, tourism, culture, entertainment and transport.
    10. Foreigners entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, construction, appraisal, monitoring, evaluation, management and implementation programs and projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
    11. Foreigners are licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam in accordance with law.
    12. Foreigners who are sent to Vietnam by competent foreign agencies and organizations to teach and conduct research at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
    13. Volunteers are foreign workers working in Vietnam voluntarily and without pay to implement international treaties to which the Socialist Republic of Vietnam is a signatory and certified by the foreign diplomatic representatives or international organizations in Vietnam.
    14. Foreigners entering Vietnam to work as managers, executives, experts or technical workers for less than 30 days and not more than 03 times in a year.
    15. Foreigners entering Vietnam shall comply with international agreements signed by central and provincial agencies and organizations in accordance with law.
    16. Foreign students studying at overseas schools and training institutions that have an internship agreement in agencies, organizations and enterprises in Vietnam; Foreign students do internships on Vietnamese ships.
    17. Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
    18. Foreigners holding official passports to work for state agencies, political organizations, and socio-political organizations.
    19. Foreigners are responsible for establishing a commercial presence.
    20. Foreigners are certified by the Ministry of Education and Training as foreign workers entering Vietnam for teaching and research purposes.

3. Dossier for work permit exemption

According to the provisions of Article 8 of Decree 152/2020/ND-CP, the application for certification of not being eligible for a work permit includes:

    1. A written request for confirmation that the foreign worker is not eligible for a work permit according to Form No. 09/PLI;
    2. Health certificate issued within 12 months;
    3. Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required;
    4. Certified copy of valid passport as prescribed by law;
    5. Documents to prove that the foreign worker is not eligible for a work permit.

Documents issued in Vietnam must be originals or notarized copies, and papers issued abroad must be consular legalized  (unless they are exempt from consular legalization), they must be notarized translated into Vietnamese.

4. Procedures for applying for exemption from work permits for foreigners

Step 1: Apply for a letter of approval to use foreign workers

This step is detailed in Article 4 of Decree 152/2020/ND-CP as follows:

    • First, the employer will prepare the following documents:
      – Notarized copy of enterprise registration certificate;
      – A written explanation of the need to use foreign workers, Form 01/PLI or a written explanation of changes in the need to use foreign workers, Form 02/PLI, if the need for foreign workers changes;
    • Then, at least 30 days before the date, the foreign worker is expected to start working, the employer must submit the above dossier to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee, the city directly under the central government where the foreign worker is expected to work to apply for written approval of the need to employ foreign workers.

Within 10 working days from the date of submission of complete dossiers of explanation, the employer will receive a written approval of the need to employ foreign workers according to Form 03/PLI. In case it is not granted, the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee will give a written explanation of the reason.

Step 2: Please confirm that you are a foreign worker who is not eligible for a work permit

In this step,

    • Employers and employees prepare a set of documents including the documents mentioned in the section Dossiers of work permit exemption.
    • Then, at least 10 days before the date the foreign worker starts working, the foreign employer must submit this dossier to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs in the province where the foreign worker will work.
    • Within 05 working days from the date of submission of complete documents, the employer will receive a confirmation of exemption from work permits for foreign workers according to Form 10/PLI. In case of refusal, the foreign employer will receive a written reply with specific reasons.

5. Note

According to the provisions of Articles 4 and 8 of Decree 152/2020/ND-CP, the following cases are exempted from the step of applying for a written approval of the need to employ foreign workers and or applying for a work permit exemption confirmation. 

1. Exemptions from applying for a written approval of the need to employ foreign workers

There are 6 subjects exempt from work permits that do not have to go through the step of determining the need to use foreign workers, but must go through the step of applying for a confirmation that they are not eligible for a work permit, which are:

    • To be the head of a representative office or projector to take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
    • Entering Vietnam for less than 3 months to handle problems, technical situations, and complicated technologies that affect or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle it.
    • Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
    • Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies, organizations and enterprises in Vietnam; Trainees and trainees on Vietnamese ships.
    • Having an official passport to work for state agencies, political organizations, and socio-political organizations.
    • Person is responsible for establishing a commercial presence.

2. Cases in which the procedure for applying for a work permit is exempted

There are 2 cases of work permit exemption, which are exempted from the procedure of applying for a confirmation that they are not subject to a work permit. However, the employer must apply for written approval of the need to employ foreign workers at least 30 days before the expected date of commencement of work for the foreigner, and at least 3 days before the expected date of employment. In this regard, the employer must report to the Ministry of Labor – War Invalids and Social Affairs or the Department of Labor – War Invalids and Social Affairs where the foreign worker is expected to work information: full name, age, nationality, passport number, name of a foreign employer, start and end date of employment.

These two cases are:

    • Foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
    • Foreigners marry Vietnamese and live in Vietnamese territory.

3. Cases that are exempted from both steps of determining the need to use foreign workers and applying for a work permit exemption

There are 5 cases where both steps are exempted in the work permit exemption procedure. However, at least 3 days before the expected date for the foreigner to start working, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee is located. Foreign workers are expected to work information: full name, age, nationality, passport number, name of a foreign employer, start and end date of employment.

These 5 cases include:

    • Foreigners entering Vietnam with a term of fewer than 3 months to make a service offering.
    • Foreigners are owners or capital contributors of a limited liability company with a capital contribution value of VND 3 billion or more.
    • A foreigner who is the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
    • Foreigners enter Vietnam to work as managers, executives, experts, or technical workers for less than 30 days and not more than 03 times a year.
    • Foreigners who are relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit exemption certificate. 

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