Work Permit For Foreigner In Vietnam

Work Permit For Foreigner In Vietnam

1. What is a work permit for foreign workers?
A work permit is a document that allows foreigners to work legally in Vietnam. The work permit clearly states information about the employee, including full name, passport number, date of birth, nationality, passport number; name and address of the workplace organization and work position.
It can be understood that a work permit for foreigners is a form of permit in which the competent state agency in Vietnam assesses the basic conditions of Vietnamese law for each case of a foreigner. the need to work and work in Vietnam according to the provisions of the Labor Code and its guiding documents.
 
2. Vietnam Work Permit requirements
To obtain a Work Permit in Vietnam, applicants should satisfy the following requirements (according to Clause 1, Article 151 of the Labor Code 2019):
3. Work permit validity
Pursuant to Article 155 of the 2019 Labor Code, the term of a work permit is stipulated as follows: "The maximum term of a work permit is 02 years, in case of extension, it can only be extended once for a maximum period of time. maximum is 02 years".
Thus, the maximum term of a work permit is 2 years.

4. Work Permit expemtion 
Some foreign nationals are exempt from getting the Work Permit (20 cases according to Article 154 Labor Code 2019, Article 7 Decree 152/2020/ND-CP) 

1. Be an owner or capital contributing member of a limited liability company with capital contribution value of 3 billion VND or more.
2. Be Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with capital contribution value of 3 billion VND or more.
3. Be the Head of a representative office, project or have main responsibility for the activities of international organizations and foreign non-governmental organizations in Vietnam.
4. Enter Vietnam for less than 03 months to offer services.
5. Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and other Foreign experts currently in Vietnam cannot handle it.
6. Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
7. In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
8. Foreigners marry Vietnamese and live in Vietnamese territory.
9. Moving within an enterprise within the scope of 11 service sectors in Vietnam's service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation.
10. Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation , the project uses official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent agencies of Vietnam and foreign countries.
11. Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law.
12. Being sent to Vietnam by a competent foreign agency or organization to teach and research at an international school under the management of a foreign diplomatic representative agency or the United Nations; establishments and organizations established under agreements that Vietnam has signed and participated in.
13. Volunteers specified in Clause 2, Article 3 of Decree 152/2020/ND-CP.
14. Enter Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 03 times in 01 year.
15. Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
16. Pupils and students studying at schools and training facilities abroad who have internship agreements in agencies, organizations and businesses in Vietnam; interns and trainees on Vietnamese ships.
17. Relatives of members of foreign representative agencies in Vietnam specified in Point l, Clause 1, Article 2 of Decree 152/2020/ND-CP.
18. Have an official passport to work for a state agency, political organization, or socio-political organization.
19. Person responsible for establishing commercial presence.
20. Certified by the Ministry of Education and Training for foreign workers entering Vietnam to teach and research.