WHAT IS EXCLUSIVE WORK PERMIT FOR FOREIGNERS MARRIED TO VIETNAM?
Labor Code 2019 takes effect from January 1, 2021 added cases of foreigners working at enterprises in Vietnam but not subject to work permits. This regulation is put in place to protect the interests of foreigners who have a close relationship with Vietnamese citizens, and optimize procedures related to work permits.
At the same time, creating attraction for foreign capital sources to invest in Vietnam. Through this article, ABA VISA Please update the new regulations on Application procedure for confirmation of exemption from work permit For foreigners to marry Vietnamese people as follows:
Legal grounds
The Labor Code 2019 takes effect from January 1, 2021.
Decree 152/2020/ND-CP takes effect from February 15, 2021.
Conditions for foreigners to be exempted from work permits when marrying Vietnamese people?
In Clause 8, Article 154 of the Labor Code 2019 stipulates:
“Foreigners who marry Vietnamese and live in the Vietnamese territory are not eligible for work permits”.
Accordingly, from January 1, 2021, foreign workers will be Exempt work permit when working at enterprises/Organizations in Vietnam if the following two conditions are met:
✶ Marrying a Vietnamese citizen.
✶ Live in a stable and long term in the territory of Vietnam.
What procedures need to be done to be certified by the competent authority not to be eligible for a work permit?
According to the provisions of Clause 2, Article 8 of Decree 152/2020/ND-CP stipulating:
“The case in Clause 8 Article 154 of the Labor Code 2019 is not required to carry out procedures to certify that the foreign worker is not eligible for a work permit but must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. Labor – Invalids and Social Affairs where the foreign worker is expected to work.
Information includes: full name, age, nationality, passport number, name of foreign employer, start and end date of work at least 3 days before the date the foreign worker plans to work. ants started working in Vietnam.”
Thus, enterprises when employing foreign workers to marry Vietnamese do not have to carry out procedures to be granted a Certificate of exemption. Work permit which simply reports the following:
Components of the report file include:
🔰 Certified copy of business license registration certificate or investment registration certificate of the Enterprise/Organization.
🔰 A copy of the marriage registration certificate, in case it is issued by a foreign country, it needs to be consular legalized, notarized translation, copy.
🔰 Foreigner's passport.
🔰 Vietnamese ID card/CCCD.
🔰 Written report certified by the Enterprise/Organization including:
- Information Enterprise/Organization employing foreign workers.
- Information of foreign workers: Full name, age, nationality, passport number.
- Work start and end date.
Time to submit report:
The report must be submitted at least 3 days in advance from the date the foreign worker is expected to start working in Vietnam.
Receiving agency:
- Ministry of Labor - Invalids and Social Affairs or;
- Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
When completing the above report, the enterprise has used legal foreign workers. Competent agencies only receive dossiers for information management of enterprises employing foreign workers, but do not have written responses to confirm the subjects working exempted. Work permit marriage aspect.
Service of completing procedures for exempting work permits from marriage for foreigners
💙 ABA VISA – ABA LAW summarizes the legal issues of Waivers Work permit for foreign workers to marry Vietnamese. In addition, Decree 152/2020/ND-CP also stipulates other cases that are exempt Work permit.
💙 For better understanding, you can contact us for more advice on the implementation of the Free Work permit for foreign workers.
💙 If you have difficulties in the application process Work permit please contact ABA VISA Specializing in document making services for foreigners working in Vietnam.
💙 We have a lot of practical experience and professional knowledge, consulting application procedures Work permit in a simple way, calculate costs in the most economical way for customers, advise and support businesses after obtaining work permits for foreigners.
Let's Call now Hotline: 0938165817 (Support Zalo, Viber, Whatsapp 24/24) or leave a comment below. We will contact you soon!
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👉 OTHER CASE OF WORK PERMIT EXemption
