Exemption from Work Permit

Procedures for Requesting Work Permit Exemption Include:

• A written request for confirmation that the foreign worker is not subject to the work permit requirement (using the provided form).
• One of the documents proving that the foreign worker is not subject to the work permit requirement.

In addition to the requirement for foreigners coming to work in Vietnam for an extended period to apply for a work permit, there are certain cases where work permit exemption is granted.

Entities Eligible for Work Permit Exemption: 

The entities eligible for work permit exemption fall into one of the following 20 cases:

Based on: Labor Law 2012, Decree No. 11/2016/NĐ-CP, Decree No. 140/2018/NĐ-CP, and Circular No. 35/2016/TT-BCT.

According to the current legal regulations, foreign nationals working in Vietnam who are not subject to the work permit requirement (meaning they are exempted from work permits) are:

1. Shareholders or owners of a limited liability company.
2. Members of the Board of Directors of a joint-stock company.
3. Heads of representative offices, projects of international organizations, and non-governmental organizations in Vietnam.
4. Individuals entering Vietnam for under 03 months to promote services.
5. Individuals entering Vietnam for under 03 months to handle technical incidents, complex technical situations affecting or potentially affecting production and business that Vietnamese and foreign experts currently in Vietnam cannot resolve.
6. Foreign lawyers who have been granted a license to practice law in Vietnam as per the Law on Lawyers.
7. In accordance with international agreements to which the Socialist Republic of Vietnam is a party.
8. Foreign students studying in Vietnam and working in Vietnam, with the employer notifying the provincial labor management authority at least 07 days in advance.
9. Internal movement within a company in sectors under the 11 services sectors commitment of Vietnam to the World Trade Organization, including business, information, construction, distribution, education, environment, finance, healthcare, tourism, culture and entertainment, and transportation.
10. Entering Vietnam to provide consulting services in their areas of expertise and technology or to carry out other tasks serving research, construction, appraisal, monitoring, evaluation, management, and implementation of official development assistance (ODA) programs as stipulated or agreed upon in international ODA agreements signed between Vietnamese competent authorities and foreign countries.
11. Being granted a license by the Ministry of Foreign Affairs to operate information and media activities in Vietnam as per the law.
12. Being dispatched to Vietnam by foreign organizations or agencies for teaching, research, at international schools within the scope of management of foreign diplomatic missions or international organizations in Vietnam or being confirmed by the Ministry of Education and Training to teach or conduct research at educational and training institutions in Vietnam.
13. Volunteer workers confirmed by foreign diplomatic missions or international organizations in Vietnam.
14. Entering Vietnam to work as experts, managers, CEOs, or technical workers for a duration of fewer than 30 days and an accumulative period of no more than 90 days in one year.
15. Entering Vietnam to implement international agreements signed by central and provincial-level agencies as stipulated by law.
16. Foreign students studying at foreign institutions with internship agreements at organizations, institutions, or enterprises in Vietnam.
17. Relatives of members of foreign diplomatic missions in Vietnam not subject to work permit requirements as stipulated in international agreements to which the Socialist Republic of Vietnam is a party.
18. Holding diplomatic passports to work for state agencies, political organizations, socio-political organizations.
19. Other cases as decided by the Prime Minister based on proposals from the Ministry of Labor, Invalids, and Social Affairs.
20. Person in charge of establishing commercial presence.

The procedure for applying for an exemption from a work permit includes the following steps:

- Submission of a request letter confirming that the foreign worker is not subject to a work permit requirement (using the provided form).

- Submission of one of the following documents to prove that the foreign worker is not subject to a work permit requirement: An official letter from a foreign entity with an office in Vietnam in the field of commerce, specifying the job title, position, and duration of the assignment. Confirmation of expertise or technical experience. A labor contract between the foreign worker and a foreign enterprise that has been effective for at least 12 months. Business registration certificate, investment certificate, branch license, or representative office permit of the foreign enterprise in Vietnam.

(*All documents must be submitted as copies or photocopies along with the original for verification. If the documents are in a language other than Vietnamese, they must be translated into Vietnamese and notarized.)

Processing Time:

Once all the necessary documents requesting an exemption from a work permit are received, the Department of Labor, Invalids, and Social Affairs will issue a confirmation letter to the employer. If the exemption is not granted, a written response will be provided with the reasons.

The processing time for this procedure is 03 working days from the date of receiving a complete and valid application.

In addition to the work permit exemption service, YLC COMPANY LIMITED offers additional services, including consular legalization, translation, document notarization, copy certification, temporary residence card issuance, and driver's license conversion, among others.