Exemption from work permit requirements for cases that normally require approval

In Vietnam, when foreign organizations or individuals are assigned tasks by their overseas parent companies, the process for obtaining a work permit exemption is similar to that of a regular work permit application. The key difference lies in the final outcome: instead of a work permit, a confirmation of exemption is issued.

To qualify for a work permit exemption, all the following conditions must typically be met:

• The foreign worker must be transferred within an enterprise operating in one of the 11 service sectors committed by Vietnam to the World Trade Organization (WTO), including business, information, etc. (referred to as the CPC code).

• The foreign worker must be sent to Vietnam by a foreign government agency to teach or serve as a manager at an educational institution established by a foreign diplomatic mission or an intergovernmental organization.

Procedures for Obtaining Work Permit Exemption Approval

If your organization or company falls into the aforementioned categories and employs foreign workers, you must adhere to the following procedures for obtaining approval to hire foreign labor:

1. Job Posting: Post job vacancies as required by law. Foreign workers must be recruited in the province/city where they will be employed, as determined by the establishment permit. Typically, job postings are made through the provincial/city Employment Center for a period of 15 days.

2. Request for Approval to Use Foreign Labor: A request for approval to use foreign labor must be submitted for the specific position, also known as justifying the need for foreign labor. The processing time for this step is typically 15-20 days.

3. Application for Exemption Confirmation: After obtaining the necessary approvals, an application for work permit exemption confirmation must be submitted based on the approved position and documentation.

Documents related to foreign workers must be approved and align with your organization's specific job positions.

Document Verification Procedures for Foreign Personnel

In addition to basic information about the company's documents, such as licenses for establishment and operation in accordance with current business law, foreign personnel must also provide documents to prove their work in accordance with their specific positions:

• For Company Managers and Directors:

  • Company charter and operating regulations

  • Appointment as director

• For Experts:

  • Relevant professional qualifications

  • At least 3 years of experience in a relevant position as certified by a foreign organization or institution.

• For Technical Workers:

  • Technical training certificate

  • At least 5 years of experience in a relevant position as certified by a foreign organization or institution.

Furthermore, depending on the specific role, additional documents may be required to demonstrate your professional qualifications. These documents must align with the job requirements and the company's needs.

Application for Confirmation of Exemption from a Work Permit

The application for confirmation of exemption from a work permit typically includes:

• A request for confirmation that the foreign worker is not subject to a work permit, according to Form 09/PLI, Appendix I.

• A health certificate or medical examination certificate as prescribed.

• A document approving the need to use foreign labor.

• A certified copy of the passport or a copy of the passport certified by the employer, valid as prescribed by law.

• Documents to prove that the foreign worker is not subject to a work permit.

All required documents must be original or certified copies. If the documents are from a foreign country, they must be legalized by the consular authority, translated into Vietnamese, and notarized or authenticated, unless exempt from legalization according to international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both parties or according to the principle of reciprocity or as prescribed by law.