Exemption from work permit requirements for foreign workers employed by a company
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Standard form for work permit exemption
Cases Exempt from Work Permit Requirements
Here are various cases where foreign workers are exempt from work permit requirements, necessitating a confirmation of exemption:
Heads of International/NGO Entities: Foreign individuals serving as the head of a representative office, project, or being primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam.
Short-Term Service Providers: Foreign individuals entering Vietnam for a period of less than three months to provide services.
Complex Technical/Technological Issue Resolution: Foreign individuals entering Vietnam for a period of less than three months to handle complex technical or technological issues that affect or may affect production or business operations, and which cannot be resolved by Vietnamese experts or other foreign experts currently in Vietnam.
Spouses of Vietnamese Citizens: Foreign individuals who are married to Vietnamese citizens and residing in Vietnam, with proof of temporary residence at a hotel, house, or apartment in a province/city in Vietnam.
ODA Project Support: Foreign individuals entering Vietnam to provide professional and technical consulting services or to perform other tasks in support of research, construction, appraisal, monitoring, evaluation, management, and implementation of programs and projects using official development assistance (ODA) in accordance with regulations or agreements under international ODA treaties signed between competent Vietnamese authorities and foreign countries.
Journalists/Press Activities: Foreign individuals who are granted a license to conduct information and press activities in Vietnam by the Ministry of Foreign Affairs, as prescribed by law.
Foreign Volunteers: Foreign workers working in Vietnam on a voluntary basis without remuneration to implement international treaties to which Vietnam is a party, and having confirmation from a foreign diplomatic mission or international organization in Vietnam.
International Agreements: Foreigners entering Vietnam pursuant to international agreements signed by central or provincial agencies or organizations in accordance with the law.
Student Interns/Trainees: Foreign students studying at foreign schools or institutions who have agreements to intern at agencies, organizations, or enterprises in Vietnam; trainees or apprentices on Vietnamese vessels.
Diplomatic Passport Holders: Foreigners holding diplomatic passports working for government agencies, political organizations, or socio-political organizations.
Commercial Presence Establishment: Foreigners responsible for establishing a commercial presence.
Ministry of Education and Training Confirmed Roles: Foreign workers confirmed by the Ministry of Education and Training to enter Vietnam to perform the following jobs:
Teaching and research.
Serving as managers, directors, principals, or vice principals of educational institutions established at the request of foreign diplomatic missions or intergovernmental organizations in Vietnam.
A volunteer is an unpaid foreign worker who works in Vietnam on a voluntary basis.
Consequently, foreign employees working for your company who meet the aforementioned criteria will be exempt from the standard work permit procedures. These procedures typically involve job posting, reporting on labor demand, and obtaining approval for the labor position. Instead, your company is only required to process the application for a certificate of exemption from a work permit.
Application for Confirmation of Exemption from a Work Permit
The application for confirmation of exemption from a work permit, or a work permit exemption confirmation, must include:
A request for confirmation that the foreign worker is not subject to a work permit, according to Form No. 09/PLI Appendix I.
A health certificate or medical examination certificate as prescribed.
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.
The required documents must be submitted in original or certified copies. For foreign documents, consular legalization, Vietnamese translation, and notarization or certification are required (unless exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are parties, or on the basis of reciprocity, or as otherwise provided by law).
How Inbound Vietnam Can Assist You
Inbound Vietnam has extensive experience in handling these procedures for its personnel. With a team of consultants possessing over 10 years of experience in foreign labor in Vietnam, we provide accurate, simple, and convenient information, as well as in-depth solutions for foreign personnel recruitment processes, from job posting to reporting on labor needs. This helps our clients optimize management costs and reduce the time required for recruiting and managing foreign personnel in Vietnam.
Our dedicated team is ready to support clients. You can contact us for consultation at:
Hanoi Head Office: 16 Nguyen Van Ngoc, Giang Vo Ward, Hanoi. Tel: +84987464391
Ho Chi Minh City Branch: 174, 3 Thang 2 Street, Hoa Hung Ward, Ho Chi Minh City. Tel:+84375654886
National Hotline: 19000039 (available for support during and outside business hours).
Please note: Inbound Vietnam is not a Vietnamese government issuing authority. We are your trusted partner, dedicated to supporting you throughout the entire process of preparing and submitting your application. We offer professional consultation and charge a service fee when clients choose to utilize our expert assistance. Service fees will be quoted specifically after Inbound Vietnam conducts a detailed assessment of your application. This ensures accuracy and suitability for the complexity of each case, especially for applications with missing documents, urgent requirements, or complex natures.
