WORKPER PERMIT FREE – the hottest phrase for foreigners working in Vietnam today
Vietnam is in the top 10 countries that "attract" foreign experts. According to the HSBC Expat report, ranking the best countries for expats to live and work in the world. Accordingly, Vietnam has increased from 19th to 10th position in terms of "attractiveness" of foreign experts to live and work on par with developed countries such as Germany, Turkey, Australia...
According to the assessment, when they first moved to Vietnam, 40% foreign experts planned to stay in Vietnam longer than 5 years, but this number increased to 60% after they felt the things that life in Vietnam has to offer. bring.
In particular, the living and working environment in Vietnam is considered to have many strengths. The working environment in Vietnam has been assessed by many experts as "very favorable". Up to 57% foreign experts in Vietnam when surveyed agreed that their quality of life in Vietnam is better than in their home country.
According to the provisions of Clause 1, Article 151 of the Labor Code 2019, the conditions for foreign workers to work in Vietnam include:
☑️ Be 18 years or older and have full civil act capacity.
☑️ Having professional qualifications, techniques, skills and working experience; be in good health as prescribed by the Minister of Health.
☑️ Not being a person who is currently serving a sentence or has not yet been expunged or being examined for penal liability in accordance with foreign or Vietnamese laws.
☑️ Have a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of the Labor Code 2019.
☑️ So, in order to work in Vietnam, foreign citizens must meet the above conditions and must comply with Vietnam's labor law, international treaties to which Vietnam is a member, and have other provisions and are authorized by law. Vietnamese law protected.
SO WILL ANY CASES ARE FOREIGN PERSON PERMIT EXECUTIVE? Together ABA VISA find out!
DETAILS LATEST ON DECREE 152/2020 REGULATIONS 20 OBJECTS THAT ARE EXPECTED TO WORK PERMIT
What is a work permit exemption?
Exempt work permit is understood as a type of document to confirm for foreign workers who are not subject to work permits, allowing foreign workers to legally work in Vietnam as well as apply for a temporary card. permanent residence in Vietnam.
Decree 152/2020/ND-CP Effective from February 15, 2021, it stipulates 13 cases where foreign workers are not eligible for work permits and 7 subjects are exempt from work permits.
13 Foreign workers are not subject to work permits
The following subjects who will be exempted from work permits do not have to go through the step of determining the need to use foreign workers but must carry out procedures to apply for a confirmation that they are not eligible for a work permit:
- The foreigner is the head of a representative office or project or is primarily responsible for the operation of an international organization or foreign non-governmental organization in Vietnam.
- Foreigners entering Vietnam with a term of less than 3 months to handle problems, technical situations, complex technologies that arise affecting or potentially affecting production and business that Vietnamese experts and foreign experts currently in Vietnam can't handle it.
- Foreigners falling into the cases prescribed by international treaties to which the Socialist Republic of Vietnam is a contracting party.
- Foreigners moving within enterprises within 11 service industries in Vietnam's service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education education, environment, finance, health, tourism, culture, entertainment and transport.
- Foreigners entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, construction, appraisal, monitoring, evaluation, management and implementation. programs and projects using official development assistance (ODA) sources according to regulations or agreements in international treaties on ODA signed between competent agencies of Vietnam and foreign countries.
- Foreigners are licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law.
- Foreigners who are sent to Vietnam by competent foreign agencies and organizations to teach and conduct research at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
- Volunteers are foreign workers working in Vietnam voluntarily and without pay to implement international treaties to which the Socialist Republic of Vietnam is a contracting party and certified by the agency. foreign diplomatic representatives or international organizations in Vietnam.
- Foreigners entering Vietnam shall comply with international agreements signed by central and provincial agencies and organizations in accordance with law.
- Foreign students and students studying at overseas schools and training institutions that have an internship agreement in agencies, organizations and enterprises in Vietnam; Foreign students do internships on Vietnamese ships.
- Foreigners holding official passports to work for state agencies, political organizations, socio-political organizations.
- Foreigners are responsible for establishing a commercial presence.
- Foreigners are certified by the Ministry of Education and Training as foreign workers entering Vietnam for teaching and research purposes.
7 Subjects are allowed to carry out the procedures to apply for a work permit exemption certification
- Foreigners entering Vietnam with a term of less than 3 months to make a service offering.
- Foreigners are foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
- Foreigners who marry Vietnamese and live in Vietnamese territory.
- Foreigners are owners or capital contributors of a limited liability company with a capital contribution value of VND 3 billion or more.
- Foreigners who are the chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of VND 3 billion or more.
- Foreigners entering Vietnam to work as managers, executives, experts or technical workers for less than 30 days and no more than 03 times in a year.
- Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
Dossier to apply for a work permit exemption certificate
➥ A written request to confirm that the foreign worker is not eligible for a work permit, made according to Form No. 09/PLI.
➥ Health certificate issued within 12 months.
➥ Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.
➥ Certified copy of valid passport as prescribed by law.
➥ Documents to prove that the foreign worker is not eligible for a work permit.
Note: Documents issued in Vietnam must be originals or notarized copies, and papers issued abroad must be consular legalized (unless they are exempt from consular legalization), then must be notarized translation into Vietnamese.
Within 5 working days from the date of receipt of complete dossiers of application for confirmation of not being eligible for a work permit, the competent authority will issue a written confirmation of not being eligible for a work permit. In case of non-confirmation, there will also be a written explanation stating the reason.
SEE MORE:
TEMPORARY RESIDENCE CARD IN VIETNAM FOR FOREIGNERS
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