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How to get Vietnam work permit exemption certificate

Hanh Pham Last update: Jun 19, 2020

Most foreigners wishing to work in Vietnam require a work permit, which is a legal document authorizing its holders to engage in employment and receive compensation from a company in Vietnam.

However, in certain circumstances, a foreigner may work in Vietnam without a work permit, but a work permit exemption certificate. This certificate is equivalent to the work permit, valid for up to 2 years and also serves as basis to apply for a temporary residence card.

So,

Let’s learn in this article.

Vietnam work permit exemption certificate - Vietnam-visa.com
Vietnam work permit exemption certificate – All you need to know

Who are Eligible for Vietnam Work Permit Exemption?

Pursuant to Article 7 Decree No.11/2016/ND-CP and Clauses 1, 2, 3, 4, 5, 6, 7 and 8 of Article 172 Labor Code No.10/2012/QH13, if the foreigners are included in one of the scenarios listed below, they may be eligible for work permit exemption in Vietnam.

  1. Foreigners being capital contributing members or owners of limited liabilities companies in Vietnam;
  2. Foreigners being members of Board of Directors of joint stock companies in Vietnam;
  3. Foreigners being Heads of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam;
  4. Foreigners entering Vietnam and staying in the country for less than 3 months to offer services;
  5. Foreigners entering Vietnam and staying in the country for less than 3 months to deal with complicated technical or technological problems that adversely impact or are likely to have adverse impacts on production and business operations and cannot be fixed by Vietnamese and foreign experts who are currently in Vietnam;
  6. Foreign lawyers holding a professional practice license in Vietnam in accordance with the Law on Lawyers.
  7. The cases included in the International Treaties to which Vietnam is a member;
  8. Foreigners studying and working in Vietnam provided that the employer shall notify their employment to the provincial-level state management agency of labor 7 days in advance.
  9. Foreign workers who are internally reassigned in the companies which engage in 11 service industries in the Vietnam’s WTO commitments on services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation;
  10. Foreign workers entering Vietnam to provide professional and technical advisory services or perform other tasks serving the research, construction, appraisal, assessment, management and execution of programs and projects funded by ODA according to the International Treaties on ODA between the competent authorities of Vietnam and other countries;
  11. Foreign workers issued with the licenses for the practice of communications or journalism in Vietnam by the Ministry of Foreign Affairs;
  12. Foreign workers appointed by foreign agencies or organizations to teach or do research in international schools under the management of foreign diplomatic missions or international organizations in Vietnam or the workers are permitted to teach or do research in educational and training institutions in Vietnam by the Ministry of Education and Training;
  13. Foreign workers being volunteers who have obtained the certification of the foreign diplomatic missions or international organizations in Vietnam;
  14. Foreigners entering Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of less than 30 days and an accumulated working period of less than 90 days per year;
  15. Foreigners entering Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law;
  16. Students, who are studying in schools or training institutions in foreign countries, entering Vietnam execute their practicum at agencies, organizations or companies in Vietnam upon agreements;
  17. Relatives of members who are executing their functions in foreign missions in Vietnam upon the approval of the Ministry of Foreign Affairs, unless otherwise stated in the International Treaties to which the Socialist Republic of Vietnam is a signatory;
  18. Foreigners holding Official Passports and entering Vietnam to work in state agencies, political organizations or sociopolitical organizations;
  19. Foreigners in charge of establishing commercial presence;
  20. Other cases decided by the Prime Minister at the request of the Ministry of Labor – Invalids and Social Affairs.

Those who are eligible for work permit exemption shall need to obtain a work permit exemption certificate to legally work in Vietnam.

Check for My Eligibility for Work Permit Exemption

Where to Obtain Vietnam Work Permit Exemption Certificate?

The Department of Labor, War Invalids and Social Affairs is the agency authorized to certify foreign workers exempt from work permits.

How to Get Work Permit Exemption Certificate in Vietnam?

The application for work permit exemption certificate for foreigners eligible for it should be submitted by the employer to the Department of Labor, War Invalids and Social Affairs at least 07 working days prior to the date when the foreigner is expected to start working.

And here comes the procedure with 4 steps that the employers need to follow to get a work permit exemption certificate in Vietnam.

Step 1. Prepare required documents:

The employer shall need to prepare the following documents to apply for Vietnam work permit exemption certificate for foreign employees:

  • A request for confirming the foreign employee is eligible for work permit exemption (Form 10 issued together with the Circular No. 03/2014/TT-BLĐTBXH);
  • Profile of the foreign employee comprising his/her full name, age, gender, nationality, passport number, start date and end date of employment, job placement (download here);
  • Proof of eligibility for work permit exemption (01 copy attached with the original for comparison or 01 certified copy. Documents issued in foreign countries should be translated into Vietnamese and certified in accordance with regulations of Vietnam).
Consult my checklist for Work Permit Exemption

Step 2: Submit documents

The employer shall, after completing the documents mentioned above, submit the documents to the Department of Labor, War Invalids and Social Affairs in the province where the foreigner is expected to work.

Step 3. Receive documents

The Department of Labor, War Invalids and Social Affairs shall check the documents and receive them if they are full and valid, or request to add otherwise.

Step 4. Receive result

After 3 working days of receiving full valid documents, the Department of Labor, War Invalids and Social Affairs shall confirm a work permit exemption (also known as work permit exemption certificate) or state the reasons why the employee is ineligible in Form No. 11 issued together with the Circular No. 03/2014/TT-BLĐTBXH).

Here is an example of Vietnam work permit exemption certificate.

Sample Vietnam work permit exemption certificate
Sample Vietnam work permit exemption certificate

In case the foreigner is not eligible for work permit exemption, the employer will need to follow to get a valid work permit for his/her working in Vietnam.

Should you need any consultation for Vietnam work permit exemption, check whether you are eligible for work permit exemption, or want to get your work permit exemption certificate smoothly, feel free to contact us at +84.946.583.583, Sales@Vietnam-visa.com or leave your contact details below. We are very happy to assist you.

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