Vietnam Work Permit Exemption
Foreigners who intend to work legally in Vietnam shall hold a valid work permit or be qualified for work permit exemption. According to the relevant laws and regulations of Vietnam, foreigners may be eligible for work permit exemption under the following circumstances:
- Being the owner or capital contributor of a limited liability company with a capital contribution of at least VND3 billion.
- Being the chairman or a member of the board of directors of a joint-stock company with a capital contribution of at least VND3 billion.
- Being the heads of representative offices, projects, or persons otherwise taking main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
- Entering Vietnam and staying in the country for less than 3 months to offer services.
- Entering Vietnam and staying in the country for less than 3 months to deal with complicated technical or technological problems that adversely impact or are likely to have adverse impacts on production and business operations and cannot be resolved by Vietnamese or foreign experts currently in Vietnam.
- Holding a professional practice license in Vietnam in accordance with the Law on Lawyers;
- Marry with Vietnamese citizen and wish to reside in Vietnam.
- Being an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.
- Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.
- Being granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.
- Appointed by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.
- Entering Vietnam to perform work without any remuneration in accordance with international treaties to which Vietnam is a member and getting certified by a foreign diplomatic mission or international organization in Vietnam.
- Entering Vietnam to hold the positions of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.
- Entering Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law.
- Being a student currently studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.
- Relatives of members of a foreign diplomatic mission in Vietnam who are permitted to work according to an international treaty to which Vietnam is a member;
- Holding an official passport to work for a regulatory agency, political organization, or socio-political organization.
- In charge of establishing commercial presence.
- Being certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.
- The cases specified in the international treaties to which Vietnam is a member.
In general, the sponsoring entity shall submit a work permit exemption application to the local labour authority at least 7 working days before the date the eligible foreigner is expected to start working. A work permit exemption certificate issued by the local labour authrity is equivalent to a work permit, which is valid for up to 2 years. The foreigner may apply for a temporary residence card with a work permit exemption certificate. Foreigners holding temporary residence cards can enter and exit Vietnam without a visa within the valid terms of their temporary residence cards.
KAIZEN Group is equipped with experienced and highly qualified professional consultants and is therefore well positioned to provide professional advices and services in respect of the formation and registration of company, application for various business licences and permits, company compliance, tax planning, audit and accounting in China. Please call and talk to our professional consultants for details.
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