CASES OF WORK PERMIT EXEMPTION FOR FOREIGN WORKERS

As Vietnam continues to integrate deeply into the global economy, regulations regarding work permits for foreign workers have undergone significant changes to facilitate international labor mobility. However, not all foreign workers must obtain a work permit. Below is the latest update from LawPlus on cases exempt from work permit (WP) requirements in Vietnam.

According to Article 154 of the 2019 Labor Code, as guided by Article 7 of Decree 152/2020/ND-CP, the following foreign workers do not need to obtain a work permit:

• Owners or capital-contributing members of a limited liability company with a contributed capital of at least VND 3 billion.

• Chairpersons or members of the Board of Directors of a joint-stock company with a contributed capital of at least VND 3 billion.

• Internal transferees within enterprises operating in 11 service sectors specified in Vietnam’s WTO commitments, including business, information, construction, distribution, education, environment, finance, healthcare, tourism, culture & entertainment, and transportation.

• Heads of representative offices, project managers, or individuals responsible for international organizations and foreign non-governmental organizations (NGOs) in Vietnam.

• Foreigners entering Vietnam for less than three months to provide services.

• Foreigners entering Vietnam for less than three months to address technical or technological issues affecting business operations that cannot be resolved by Vietnamese or foreign experts currently in Vietnam.

• Foreign lawyers who have been granted a law practice license in Vietnam under the Law on Lawyers.

• Cases specified in international treaties to which Vietnam is a member.

• Foreigners married to Vietnamese citizens and residing in Vietnam.

• Foreigners providing consulting services in specialized and technical fields or performing research, evaluation, monitoring, management, and implementation of projects funded by Official Development Assistance (ODA) according to international agreements between Vietnam and foreign entities.

• Foreign journalists granted a press license by the Ministry of Foreign Affairs.

• Foreigners assigned by a competent foreign organization to teach or conduct research at international schools under the management of diplomatic missions or the United Nations, or at educational institutions established under treaties to which Vietnam is a party.

• Volunteers as defined in Clause 2, Article 3 of this Decree.

• Foreigners working in managerial, executive, expert, or technical positions for less than 30 days per visit and no more than three times per year.

• Foreigners coming to Vietnam under international agreements signed by central or provincial authorities.

• Foreign students studying at overseas institutions who intern at Vietnamese agencies, organizations, or enterprises; interns working on Vietnamese ships.

• Family members of foreign diplomatic mission personnel in Vietnam, as specified in Article 2, Clause 1, Point l of this Decree.

• Foreigners holding official passports working for government agencies, political organizations, or socio-political organizations.

• Individuals responsible for establishing a commercial presence in Vietnam.

• Foreign workers confirmed by the Ministry of Education and Training as entering Vietnam for teaching or research purposes.

Key Takeaways

If your company has a contributed capital of at least VND 3 billion, the company owner is exempt from work permit requirements when working in Vietnam.

Important Note

Even if a foreign worker is exempt from a work permit, the employer must still complete the required notification and confirmation process with the relevant authorities before the worker begins employment.

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