New guidance on Work Permit Exemption
Related to the Labor Code 2020 and Decree No. 152/2020/ND-CP, the Foreign Worker exempt from work permits in case as bellow:
1. The manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam;
2. who enters Vietnam for a period of less than 03 months to do marketing of a service;
3. Who enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam;
4. Who is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers;
5. Who is in one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory;
6. Who gets married with a Vietnamese citizen and wishes to reside in Vietnam;
7. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong;
8. He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong;
9. He/she is an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services;
10. He/she enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries;
11. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law;
12. He/she is sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory;
13. He/she is a volunteer who voluntarily works in Vietnam to implement an international treaty to which the Socialist Republic of Vietnam is a signatory with certification of a foreign diplomatic mission or international organization in Vietnam;
14. He/she enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year;
15. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law;
16. He/she is a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship;
17. He/she is accompanying members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.
18. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.
19. He/she takes charge of establishing a commercial presence.
20. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.
Note: The employer shall request the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where the foreign worker is expected to work to certify that such foreign worker is eligible for exemption from a work permit at least 10 working days before he/she starts to work.
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