Work Permit Exemption Confirmation Service for Foreigners

Overview

According to Vietnamese law, some foreign workers are allowed to work in Vietnam without having to apply for a Work Permit. However, being exempt from a Work Permit does not mean that businesses can disregard related legal procedures.

Depending on the specific case, businesses may have to carry out the procedure to confirm that foreign workers are not subject to Work Permit issuance or notify the competent authority.

OPLAW provides consulting services and carries out Work Permit exemption procedures for foreigners, assisting businesses from determining conditions and reviewing dossiers to performing procedures with competent state agencies.

Cases of Work Permit Exemption

Vietnamese law stipulates many cases where foreign workers are exempt from Work Permits. Some common cases include:

Investors, Capital Contributors, or Shareholders

Foreigners who are investors or capital contributors, shareholders of businesses in Vietnam may be exempt from Work Permits if they meet the conditions on capital contribution ratio or value as prescribed.

Members of the Board of Directors

Members of the Board of Directors of a joint-stock company are exempt if they meet the legally prescribed conditions.

Intra-company Transferees

Foreign workers transferred by a foreign enterprise to work at its commercial presence in Vietnam may be exempt if they meet the conditions on working time and occupation as prescribed.

Foreigners Married to Vietnamese Citizens

Foreigners married to Vietnamese citizens and residing in Vietnam are exempt from Work Permits as prescribed.

Short-term Workers

Some managers, experts, or technical workers entering Vietnam for short-term work, meeting the conditions on working time and number of times per year, may be exempt from Work Permits.

Other Special Cases

In addition to the above cases, the law also stipulates exemption cases for:

• Persons implementing international agreements to which Vietnam is a member.
• Persons working on ODA projects or international programs.
• Persons working for international organizations, non-governmental organizations in Vietnam.
• Persons responsible for establishing a commercial presence.
• Experts, managers, technical workers in some special cases.
• Foreign lawyers granted practice licenses in Vietnam.
• Some other cases as prescribed by law.

Determining which case a worker falls into requires assessment based on job title, position, working time, nationality, residency status, and supporting documents.

Is Work Permit Exemption Confirmation Mandatory?

This is a common misconception for businesses.

Work Permit exemption does not mean exemption from all procedures.

For many cases, businesses still have to carry out the procedure to apply for a Document confirming that the foreign worker is not subject to Work Permit issuance before the worker starts working.

However, some cases exempt from Work Permits only require notification to the competent authority without having to apply for a confirmation document.

Therefore, correctly identifying the applicable procedure for each worker is a crucial step before businesses employ foreigners.

Cases Requiring Only Notification

Some cases are exempt from Work Permits but do not require confirmation procedures, only notification as prescribed, such as:

• Persons entering Vietnam for less than 03 months to offer services.
• Foreign lawyers who have a practice license in Vietnam.
• Foreigners married to Vietnamese citizens and residing in Vietnam.
• Some investors, capital contributors, or shareholders meeting the prescribed conditions.
• Managers, experts, technical workers working for a short period under legally prescribed conditions.
• Some relatives of members of foreign representative agencies in Vietnam.

Businesses need to accurately check each case before choosing between applying for exemption confirmation and making a notification.

Work Permit Exemption Confirmation Dossier

Depending on the specific case, the dossier may include:

• Written request for confirmation that the foreign worker is not subject to Work Permit issuance.
• Copy of the worker's valid passport.
• Health certificate as prescribed.
• Written approval for the demand for foreign labor, if applicable.
• Documents proving that the worker is exempt.
• Other documents according to each specific subject.

Documents Issued by Foreign Countries

For documents issued by foreign agencies or organizations, businesses need to note the requirements for:

• Consular legalization, unless exempted.
• Translation into Vietnamese.
• Certification of the translation as prescribed.

This is one of the issues that often causes delays when preparing dossiers for foreign workers.

Timeframe and Implementing Authority

According to current regulations, businesses need to prepare and submit the confirmation dossier before the foreign worker is expected to start working, within the legally stipulated timeframe.

The dossier receiving agency is determined by the locality and labor management regulations at each time. As the structure of state management agencies in some localities may change, businesses need to correctly identify the competent authority in the locality where the worker will be employed.

The processing time for confirmation dossiers is 05 working days from the date of receipt of a complete and valid dossier. The confirmation document is valid for the expected working period and the legal regulations applicable to each case.

Process at OPLAW

Step 1 – Receive and Evaluate Dossier

OPLAW receives information about the business and foreign worker, including nationality, job title, position, working time, and related documents.

Step 2 – Determine Exemption Case

OPLAW's lawyers/specialists review the conditions and determine if the worker falls under:

• Cases requiring exemption confirmation; or
• Cases only requiring notification.

Step 3 – Prepare Dossier

OPLAW assists in drafting the dossier, reviewing documents, and guiding consular legalization, translation, and certification for foreign documents.

Step 4 – Submit and Monitor Dossier

OPLAW represents the business in carrying out procedures with the competent authority, monitors the processing progress, and coordinates in handling additional requests if they arise.

Step 5 – Receive Results

OPLAW receives and hands over the confirmation document or completes the notification procedure for the business.

Important Notes

1. Work Permit Exemption Does Not Mean No Procedures Are Required

Businesses must still carry out confirmation or notification if required by law.

2. Correctly Identify Exemption Cases

Not all foreign investors, experts, or managers are automatically exempt. Specific conditions must be cross-referenced with each case and actual documentation.

3. Carefully Check Foreign Documents

Documents issued abroad may require consular legalization, translation, and notarization before being used in Vietnam.

4. Monitor Deadlines

Businesses need to monitor the validity period of confirmation documents and the legal status of employees to avoid periods of non-compliant employment.

5. Distinguish Between "Confirmation" and "Notification"

These are two different procedures. Choosing the wrong procedure can expose businesses to compliance risks.

Related Services

OPLAW provides legal services related to foreign employees in Vietnam, including:

• Work Permit Application Services.
• Extension, re-issuance, and amendment of Work Permits.
• Procedures for approving the demand for foreign labor.
• Visas for foreigners.
• Temporary residence cards for foreigners.
• Social insurance registration for foreign employees.
• Personal income tax consultation for foreigners.
• Labor law and compliance consulting for businesses employing foreign labor.

Why Choose OPLAW?

OPLAW not only executes procedures but focuses on identifying the correct legal approach from the outset, helping businesses avoid unnecessary document preparation and reduce risks in the process of employing foreign labor.

We support businesses with:

• Assessing Work Permit exemption conditions.
• Determining necessary procedures.
• Reviewing foreign documents and records.
• Assisting with consular legalization, translation, and notarization.
• Representing clients before competent state agencies.
• Consulting on Visa, Temporary Residence Card procedures, and compliance after employees commence work.