Most foreigners looking to work in Vietnam need a work permit, which is a legal document that allows them to work and get paid by a company in Vietnam.

However, in some cases, a foreigner can work in Vietnam without a work permit by obtaining a work permit exemption certificate. This certificate works just like a work permit, is valid for up to 2 years, and can be used to apply for a temporary residence card.

In this guide, we’ll walk you through the steps to apply for a Vietnam Work Permit Exemption certificate. Keep reading to learn more!

A Vietnam work permit exemption 2024 – Everything You Need to Know

Who Is Eligible for a Vietnam Work Permit Exemption?

According to Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code 45/2019/QH14 and Article 7 of Decree No. 152/2020/ND-CP, certain foreigners may be eligible for a work permit exemption in Vietnam if they fall under one of the following categories:

1. Owners or Capital Contributors: Foreigners who are owners or capital contributors of a limited liability company with a minimum capital contribution of VND 3 billion.
2. Board Members: Foreigners who are chairpersons or members of the Board of Directors of a joint-stock company with a capital contribution of at least VND 3 billion.
3. Heads of Organizations: Foreigners serving as heads of representative offices, projects, or those responsible for the operations of international organizations or foreign non-governmental organizations in Vietnam.
4. Short-term Service Providers: Foreigners entering Vietnam for less than 3 months to offer services.
5. Technical Problem Solvers: Foreigners entering Vietnam for less than 3 months to resolve complex technical or technological issues that could negatively impact production or business operations, and which cannot be resolved by current experts in Vietnam.
6. Foreign Lawyers: Foreign lawyers holding a professional practice license in Vietnam, as per the Law on Lawyers.
7. Spouses of Vietnamese Citizens: Foreigners married to Vietnamese citizens who wish to reside in Vietnam.
8. Internally Transferred Workers: Foreign workers reassigned within companies involved in 11 service industries under Vietnam’s WTO commitments, including business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment, and transportation.
9. ODA Project Workers: Foreign workers providing professional or technical advisory services for the research, construction, appraisal, assessment, management, and execution of ODA-funded programs and projects according to international treaties.
10. Licensed Media Professionals: Foreign workers holding licenses issued by the Ministry of Foreign Affairs for practicing communications or journalism in Vietnam.
11. Educators and Researchers: Foreigners appointed by foreign agencies or organizations to teach or conduct research at international schools managed by foreign diplomatic missions or the United Nations.
12. Foreign Volunteers: Foreign volunteers working in Vietnam without remuneration, as certified by a foreign diplomatic mission or international organization in Vietnam, under international treaties to which Vietnam is a member.
13. Short-term Executives and Experts: Foreigners entering Vietnam as experts, managers, chief executive officers, or technicians for periods of less than 30 days, with a maximum of three visits per year.
14. International Agreement Implementers: Foreigners entering Vietnam to implement international agreements signed by central or provincial agencies and organizations, in accordance with Vietnamese law.
15. Overseas Students in Practical Training: Students currently studying at a school or training establishment abroad who have an agreement for practical training with an agency, organization, or enterprise in Vietnam, or those performing practical training on Vietnamese vessels.
16. Relatives of Diplomatic Mission Members: Relatives of members of foreign diplomatic missions in Vietnam who are permitted to work according to an international treaty to which Vietnam is a member.
17. Holders of Official Passports: Foreigners holding official passports and entering Vietnam to work in state agencies, political organizations, or socio-political organizations.
18. Foreigners Establishing Commercial Presence: Individuals in charge of establishing a commercial presence in Vietnam.
19. Certified Educators and Researchers: Foreigners certified by the Ministry of Education and Training as entering Vietnam to carry out teaching and research.

20.International Treaty Cases: Any other cases specified in international treaties to which Vietnam is a member.

Where to Obtain a Vietnam Work Permit Exemption Certificate

The Vietnam Work Permit Exemption Certificate can be obtained from the Ministry of Labor, War Invalids, and Social Affairs (MOLISA) or the Department of Labor, War Invalids, and Social Affairs (DOLISA). These are the authorized agencies responsible for certifying that foreign workers are exempt from requiring a work permit.

How to Get a Work Permit Exemption Certificate in Vietnam

To obtain a Vietnam work permit exemption certificate, the application should be prepared at least 30 days before the foreign employee’s expected start date.

Here is a step-by-step procedure for employers to follow:

Step 1: Obtain Approval for the Demand of Employing Foreign Employees

This step must be completed at least 30 days before the foreign employee is expected to begin work.

Documents to Prepare for Vietnam Work Permit Exemption:

1. Registration Form for Demand on Using Foreign Workers: Use Form No. 01/PLI under Decree No. 152/2020/ND-CP, or Form No. 02/PLI if there are changes in the demand for foreign workers.

2. Certified Copy of Business Registration: Provide a certified copy of the company’s business registration certificate.

3.Letter of Attorney: If someone other than the company’s legal representative is submitting the documents, include a letter of attorney authorizing the submitter to act on behalf of the company.

After gathering the necessary documents, they should be submitted to the Ministry of Labor, War Invalids, and Social Affairs or the People’s Committee in the province where the employing company is based.

The employer will receive either an Approval or Non-approval notice with detailed reasons, documented in Form No. 03/PLI. The processing time for this step is typically 10 working days.

Step 2: Prepare Documents for Applying for a Vietnam Work Permit Exemption Certificate

For this step, the following documents need to be prepared:

1. Request Form: Complete the request form to confirm the foreign employee’s eligibility for work permit exemption (Form 09/PLI, as found in Appendix 1 of Decree 152).
2. Health Check Certificate:

• Provide the original or a certified copy of a Vietnam health check certificate.
• Alternatively, if the health check was conducted abroad, provide a certified translation of the legalized health check.

3. Approval of Demand on Using Foreign Employees:

• Include the original or a certified copy of the Approval of Demand for using foreign employees obtained in Step 1, if required.

4. Certified Copy of Valid Passport: Ensure the passport is valid and provide a certified copy.

5.Proof of Eligibility for a Vietnam Work Permit Exemption:

• Submit one original or one certified copy of the proof of eligibility.
• If the documents were issued abroad, they must be legalized and translated into Vietnamese, complying with Vietnam’s regulations.

After preparing these documents, the employer can proceed to the next steps in the work permit exemption process.

Step 3: Submit Documents

This step should be completed at least 10 days before the foreign employee is expected to begin working at the company.

In this step, the employer needs to submit the prepared documents to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs in the province where the foreign employee will be working.

Step 4: Receive the Result

Within 5 working days of receiving the complete and valid documents, the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs will either confirm the work permit exemption (also known as the work permit exemption certificate) or provide reasons for ineligibility using Form No. 10/PLI.

Here is an example of a Vietnam work permit exemption certificate:

A sample description of a Vietnam Work Permit Exemption Certificate

If the foreign employee is not eligible for a Vietnam work permit exemption, the employer will need to follow the standard procedure to obtain a valid work permit for the employee to work legally in Vietnam.

Important Notes

1. Exemptions from Step 1 (Approval of Demand for Using Foreign Employees):

– Heads of Representative Offices/Projects: Foreigners who are heads of representative offices, projects, or those responsible for the operation of international organizations or foreign non-governmental organizations in Vietnam.

– Short-term Technical Problem Solvers: Foreigners entering Vietnam for less than 3 months to resolve complex technical or technological issues that could negatively impact production or business operations, and which cannot be resolved by current experts in Vietnam.

– International Agreement Implementers: Foreigners entering Vietnam to implement international agreements signed by central or provincial agencies and organizations, in accordance with the law.

– Practical Training Students: Students currently studying at a school or training establishment overseas who have an agreement for practical training at an agency, organization, or enterprise in Vietnam, or those performing practical training on Vietnamese vessels.

– Holders of Official Passports: Foreigners holding official passports who are entering Vietnam to work in state agencies, political organizations, or sociopolitical organizations.

– Establishing Commercial Presence: Foreigners who are responsible for establishing a commercial presence in Vietnam.

2. Exemptions from Steps 2 to 4 (Procedure to Obtain a Vietnam Work Permit Exemption Certificate):

The following cases are exempt from the steps required to obtain a Vietnam Work Permit Exemption certificate:

• Foreign Lawyers: Foreign lawyers who hold a professional practice license in Vietnam in accordance with the Law on Lawyers.
• Foreign Spouses of Vietnamese Citizens: Foreigners who are married to Vietnamese citizens and wish to reside in Vietnam.

Reporting Requirement:

For these exempted cases, the employer must report the following details to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs in the province where the foreigner will work, at least 3 days before the foreigner is expected to start working:

• Full name of the foreigner
• Age
• Nationality
• Passport number
• Name of the employer

This report ensures compliance with the legal requirements while bypassing the need for a formal Vietnam work permit exemption certificate.

3. Exemptions from the Entire Work Permit Procedure

The following cases are fully exempt from the Vietnam Work Permit Exemption procedure:

• Owners or Capital Contributors: Foreigners who are owners or capital contributors of a limited liability company with a capital contribution of at least VND 3 billion.
• Board Members: Foreigners who are chairpersons or members of the Board of Directors of a joint-stock company with a capital contribution of at least VND 3 billion.
• Short-term Experts and Executives: Foreigners entering Vietnam as experts, managers, chief executive officers, or technicians for a period of less than 30 days, with a maximum of 3 visits per year.
• Relatives of Diplomatic Mission Members: Relatives of members of a foreign diplomatic mission in Vietnam who are permitted to work according to an international treaty to which Vietnam is a member.
• Short-term Service Providers: Foreigners entering Vietnam and staying for less than 3 months to offer services.

Employer’s Responsibility:

In these cases, the employer must still follow the same reporting requirements as those exempt from the procedure to obtain a work permit exemption certificate. This includes reporting the foreigner’s full name, age, nationality, passport number, and the name of the employer to the relevant authorities at least 3 days before the foreigner begins working.

Need Assistance?

If you need consultation on a Vietnam work permit exemptions, want to check your eligibility, or need help obtaining a work permit exemption certificate, feel free to contact us at(+84).918.212.468, Support@vietnamtouristservices.com  or leave your contact details below. We’re here to assist you with a smooth and hassle-free process.

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