Not in any case, foreign workers working in Vietnam all need to apply for a work permit, there are significant subjects who do not need to have a work permit, which means when these subjects come to work in Vietnam, without a work permit is still acceptable. However, these subjects still have to carry out the procedure of applying for exempting from work permit. In this article, KAV Lawyers will provide you some information about the procedure of applying for exempting from work permit when working in Viet Nam.
Cases where foreign workers are exempted from work permits are stipulated in Article 154 of the 2019 Labor Code and Article 7 of Decree no. 152/2020/ND-CP on management of foreign workers working in Vietnam.
Accordingly, for the cases it is not necessary to apply for work permit but only need to report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where foreigners are going to work, the information including: full name, age, nationality, passport, name of the employer, the implementation and end date of work at least 3 days prior to the date the foreign workers are going to work in Vietnam, including:
- Those who stay in Vietnam for under 3 months to offer services for sale;
- Foreign lawyers possessing a professional practice license in Vietnam in accordance with the Law on Lawyers;
- Foreigners have married with Vietnamese and living in the Vietnam;
- Foreign worker is the owner or capital contributing member of limited liability companies with capital contribution value from VND 3 billion or more;
- Foreign worker is chairperson of the Management Board or members of the Board of Directors of joint-stock companies with capital contribution value from VND 3 billion or more;
- Foreign workers entering Vietnam working at the position of manager, executive director, expert or technical worker with working time of less than 30 days and not exceeding 03 times in 01 year;
- Relatives of members of foreign representative agencies in Vietnam.
Those who do not belong to the above cases must carry out procedure of applying for exempting from work permit.
The procedure of applying for exempting from work permit
Step 1: Explaining the demand on using labor
- To explain the demand on using labor, the company should prepare the following documents:
+ Written explanation about the demand for using foreign workers;
+ The power attorney.
- Then, submitting the written explanation to the Ministry of Labor, War Invalids and Social Affairs or the provincial – level People’s Committees, municipalities (herein refer as provincial-level People’s Committees) where foreign workers are going to work.
- The term is before at least 30 days from the day of employment.
- After 10 working days from the day receiving the written explanation, the Ministry of Labor, War Invalids and Social Affairs or the provincial – level People’s Committees shall issue a written approval or non-approval of the employment of foreign workers for each job position.
Step 2: Requesting for exemption from applying for work permit
After received written approval of using the foreign workers, the company implement to request for exemption from applying for work permit.
- To request for permission of exemption from applying work permit, these document shall be prepared:
+ Written request to confirm the worker is exempted from applying for work permit;
+ The health certificate or report on medical examination which is issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the signing date of conclusion of heath status to the date of application or certificates of sufficient health as prescribed by the Minister of Health;
+ Written approval copies for using foreign labor;
+ Certified copy of passport in valid;
+ Some document for proving that the worker is exempted from applying work permit;
+ In addition, having other document in specific cases.
1st Note: For the above papers, if submitting copies, there must be notified or authentic; if they are foreign, they must be legalized, translated into Vietnamese and notified/authenticated in accordance with regulations, except for cases of exemption from consular legalization under treaties to which the Socialist Republic of Vietnam and related countries are all members or on the principle of reciprocity or the regulation of law.
After preparing all the above dossiers, send the dossier to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the foreign worker is going to work.
2nd Note: The employer requests the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the foreign worker is going to work to confirm the case of exempting from work permit at least 10 days prior to the date when the foreign worker is going to work.
Step 3: Receive dossiers, return results
Within 05 working days, from the date receiving the valid dossier, the agency will have the result.
In case of not approving, there must be a written document explaining the reasons why not;
Above is an article about the procedure of applying for exempting from work permit that KAV Lawyers very pleasure to send to you. In case you have any questions or would like any other legal advice, please contact KAV Lawyers via the contact addresses below:
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