The development of the economic in Vietnam has opened up plenty of opportunities for foreign employees in Vietnam.
Hence, the Vietnamese government has improved its legal framework for foreign employees more effectively.
In fact, upon the specific circumstance of the foreign employee, the foreign employees are approved to work in Vietnam without a work permit.
Specific cases for foreign employees working in Vietnam without a work permit
Pursuant to Article 172 of the Labour Code, Article 7(2) of the Decree 11/2016/ND-CP supplemented and amended by Article 11(4), 11(3) of the Decree 140/2018/ND-CP, some common circumstances that foreign employees are exempt from work permit as follows:
- Being internally reassigned in the companies which engage in 11 service industries in the Vietnam’s WTO commitments on services
- Holding the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year;
- Being responsible for establishing the commercial presence
- Other cases decided by the Prime Minister at the request of the Ministry of Labour, War Invalids and Social Affairs.
Requirements to work in Vietnam without a work permit
Nevertheless, in such circumstances, the foreign employees working in Vietnam without work permit are required to implement the procedure to obtain the certification of foreign employees eligible for exemption from work permits. The procedure is comprised of two steps:
In addition, according to Article 11(5) of Decree 140/2018/ND-CP amending Article 8(2) of Decree No.11/2016/ND-CP, the cases stipulated in in Article 172(4) and 172(5) of the Labour Code and Article 7(2)(e) and 7(2)(i) of the Decree No.11/2016/ND-CP are not required to follow the above-mentioned procedures.
How to prepare the dossier for obtaining the certification of foreign employees eligible for exemption from work permits
With respect to a certification application, the dossier consists of the following documents:
For such documents to prove the eligibility of the foreign employees working in Vietnam without a work permit, it shall include 01 photocopy to be enclosed with the original or 01 certified copy.
For other documents exempting from consularization, these documents must be translated into Vietnamese and certified in accordance with regulations of Viet Nam.
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