Exemption from work permit requirements for foreign workers employed by a company

In addition to the cases where a work permit is exempted without the need for a confirmation of exemption, there are other cases where foreign workers are exempted from obtaining a work permit in Vietnam. However, your company must still complete the procedures for confirming the exemption of the work permit, which is granted by the state management agencies for foreign workers in Vietnam in accordance with current regulations. Your company does not need to determine the demand for foreign workers or request approval for the demand for foreign workers.
 

Standard form for work permit exemption

Cases exempt from work permit requirements include:

1. 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.

2. Foreign individuals entering Vietnam for a period of less than three months to provide services.

3. 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.

4. 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.

5. 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.   

6. 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.

7. 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).

A volunteer is an unpaid foreign worker who works in Vietnam on a voluntary basis.

8. Foreigners entering Vietnam pursuant to international agreements signed by central or provincial agencies or organizations in accordance with the law.

9. 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.

10. Foreigners holding diplomatic passports working for government agencies, political organizations, or socio-political organizations.

11. Foreigners responsible for establishing a commercial presence.

12. Foreign workers confirmed by the Ministry of Education and Training to enter Vietnam to perform the following jobs: 

a) Teaching and research.
b) Serving as managers, directors, principals, or vice principals of educational institutions established at the request of foreign diplomatic missions or intergovernmental organizations in Vietnam.
 
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.
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).
 
Our team at Inbound Vietnam is on standby 24/7 to serve you
 
Inbound Vietnam has successfully handled these procedures for our own staff. With a team of consultants boasting over 10 years of experience in foreign labor in Vietnam, we not only provide accurate, simple, and convenient information but also offer in-depth solutions for foreign personnel processes, from recruitment to demand reporting. This helps our clients optimize management costs and reduce the time spent on recruiting and managing foreign employees in Vietnam.
 
For consultation, please contact us at:
Hanoi: No. 16 Nguyen Van Ngọc Street, Cong Vi Ward, Ba Dinh District.
Ho Chi Minh City: 8th Floor, Loyal Building, No. 151 Vo Thi Sau Street, Vo Thi Sau Ward, District 3.
Or call our 24/7 hotline 19000039. Our specialized departments are also ready to assist you.

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