Exemption from work permits

1.    Twenty cases where foreign workers are exempted from work permits 
According to the provisions of Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP, there are currently 20 cases where foreign workers are not required to apply for a work permit, specifically:
 (1) Being the owner or capital contributor of a limited company with the contributed capital of that person is 3 billion VND or more. 
(2) Being the Chairman or member of the Board of Directors of a joint-stock company with the contributed capital of that person is 3 billion VND or more. 
(3) Moving within the enterprise in the following industries: business, information, construction, distribution, education, environment, finance, healthcare, tourism, culture, entertainment and transportation. This is only applicable if the following 04 conditions are satisfied: - Worker is managers, executive, expert and technical worker of foreign enterprises. - That enterprise has established a commercial presence in the Vietnamese territory. - Temporary relocation within the enterprise to a commercial presence in the territory of Vietnam and - The worker has been employed by the enterprise for at least 12 consecutive months. 
(4) Provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring and evaluation, management and implementation of programs/projects using ODA capital.
 (5) Licensed by the Ministry of Foreign Affairs to work in information and press in Vietnam. 
(6) To be sent to Vietnam to teach and conduct research at international schools under the administration of foreign diplomatic missions or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined. 
(7) Volunteer working without pay to implement international treaties and certified by the diplomatic missions or the sending international organizations. 
(8) Working as a manager, executive director, expert or technical worker for less than 30 days and not more than 03 times in a year. 
(9) Entering Vietnam to implement international agreements signed by central and provincial agencies and organizations. 
(10) Student who is studying abroad and has an agreement to practice in Vietnam; apprentice on Vietnamese ships. 

(11) Relative of member of foreign representative missions in Vietnam. 
(12) Having an official passport to work for state agencies, political organizations, socio-political organizations. 
(13) Person responsible for establishing a commercial presence. 
(14) Being certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purposes. 
(15) Being the head of a representative office or project or taking main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam. 
(16) Entering Vietnam for less than 3 months to make a service offering. 
(17) Entering Vietnam for less than 3 months to handle problematic, technical situations, complicated technologies that affect or threaten to affect production and business that experts currently in Vietnam cannot process. 
(18) Being a foreign lawyer who has been granted a license to practice law in Vietnam.
(19) Cases according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party. 
(20 Foreigner marrying Vietnamese and living in Vietnamese territory

2.    Dossiers and procedures for certification of work permit exemption
 Being exempt from work permit does not mean that you do not have to notify the agency. Therefore, the worker still has to carry out the procedures for applying for certification according to the provisions of Article 8 of Decree 152/2020/ND-CP 
2.1. Dossier for certification
 - Application for certifying that the worker is not in the category that must have a work permit. Form No. 09/PLI, Appendix I to this Decree –
- A certified copy of his/her valid passport 
- Certificate or medical certificate issued by a foreign or Vietnamese medical facility issued within 12 months, up to the time of application submission 
- Written approval of the need to employ foreign workers, except for cases where this approval is not required
- Documents to prove that the worker is not in the category that must have a work permit
Note, the last three types of documents must be submitted in originals or certified copies, documents issued by foreign countries must be consular legalized, translated into Vietnamese and certified.

2.2. Implementation procedure
 -. The worker-receiving unit submits the application for certification to the Department of Labor, War Invalids and Social Affairs before the expected time of working.
 - Within 05 working days from the time of receiving the complete dossier, the receiving agency shall issue a written confirmation that the worker is not in the category that must have a work permit (hereinafter referred to as the confirmation document). - The maximum duration of the written certification is not more than 02 years. 

3. The following cases are not required to carry out procedures for certification of work permit exemption, but need to be reported to the Department of Labour, Invalids and Social Affairs:
 - Entering Vietnam with a term of less than 3 months to make a service offering.
 - Being a foreign lawyer who has been granted a license to practice law in Vietnam.
 - Foreigners marrying Vietnamese and living in Vietnamese territory.
 - Being the owner or capital contributing member of a limited company with the contributed capital of that person is 3 billion VND or more. - Being the Chairman or member of the Board of Directors of a joint-stock company with the contributed capital of  that person is 3 billion VND or more.
 - Working in the position of a manager, executive director, expert or technical worker for less than 30 days and not more than 03 times in a year.
 - Relative of member of foreign representative missions in Vietnam. 

4. Penalties if there is no valid written certification
 **For worker: According to Clause 3, Article 31 of Decree 28/2020/ND-CP, the worker will be sanctioned as follows:
A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed on foreign worker working in Vietnam who commits one of the following acts:
 a) Working but does not have a work permit or does not have a written confirmation that he/she is not in the category that must have a work permit;
 b) Using an expired work permit or written confirmation
**For Employer:  According to Clause 4 of this Article
 a) From VND 30,000,000 to VND 45,000,000 with violations from 01 to 10 people;
 b) A fine from 45,000,000 VND to 60,000,000 VND for violations from 11 to 20 people; c) From 60,000,000 VND to 75,000,000 VND for violations of 21 or more people.

Note: The above fines apply to individuals; In case the organization commits the same violation, the fine will be doubled.

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Viet Australia Auditing Company is an independent auditing organization licensed and established in 2007 in the Socialist Republic of Vietnam.