In addition to groups of workers who are required to have a permit, some subjects will be exempted from work permits. So according to the up-dated regulations, who does not have to apply for a work permit when coming to Vietnam?
Who will be exempted from the work permit?
According to recent regulations, some groups of subjects will be exempted from work permits when coming to work in Vietnam. Including:
- Those who work at international organizations, non-governmental organizations and the representative of office at least.
- Persons who stay in Vietnam for 3 months to offer services.
- People who come to Vietnam as experts to handle complex problems for businesses that people in Vietnam cannot handle and their period of time for staying is less than 3 months.
- Those who are lawyers have a license to practice in Vietnam in accordance with regulations.
- Person whose spouse is Vietnamese.
- Persons licensed by the Ministry of Foreign Affairs to operate press in Vietnam.
- Holders of official passports.
- Persons certified by the Ministry of Education and Training to enter Vietnam to teach or study.
What to do to get a work permit exemption?
Those who are in the group exempt from work permits need to apply for an exemption. This includes the following documents:
- Firstly, an application to certify out of work permit area according to the current form.
- Second, health certificate for the past 12 months.
- Third, the application for approval of using foreign labor.
- Fourth, notarized copy of passport.
- Fifth, some other documents proving that you are not in the group of subjects that must apply for a work permit.
For foreigners who are not familiar with Vietnamese law, or units without experience and professional knowledge should use professional work permit support services for foreigners. These service companies will help quickly and securely you from A - Z in terms of documents and procedures.
How long is the work permit exemption certificate valid?
Similar to a work permit, a work permit exemption certificate has a maximum duration, about 2 years.
After the expiration of work permit exemption, the employee is allowed to apply for a certificate again and the duration is also 02 years as the first time.
What are the steps to apply for a work permit exemption?
Many people believe that as long as they are exempt from work permits, they do not need to carry out any administrative procedures. However, in Vietnamese law, people with exemption still have to apply for a certificate to confirm that they are not required to apply for such a permit to be recognized.
So what is the procedure for this certification?
- Step 1:
The foreign employer must apply for an application for approval for the employment at the Department of Labor, War Invalids and Social Affairs or the People's Committee of the province/city where the employee works.
Applications are generally required to be made 30 days prior to the start of working. Within 10 days, the authorities will have a notice of approval or rejection.
- Step 2:
The employee and the employer must apply for an additional certificate confirming that the foreigner is in the group that is not required to apply for a work permit.
The dossier must be submitted 10 days before the employee starts working. The Department of Labor, War Invalids and Social Affairs will return the results after 5 days.
Employers can look up information about groups of people who are not required to apply for a work permit in Article 154 of the Labor Code No. 45/2019/QH14 and information in Article 7 of Decree 152/2020/ND-NP.
Recently, there is some information about the case of being granted a confirmation of exemption from work permits for foreigners. Hopefully, the article has given you a better understanding of the process and procedures to be exempted from the work permit. If you have any questions, please contact Faro for answers and support. With an experienced and professional team, Faro is confident to help you solve problems related to foreign work permit services.