Foreigners working in business set-up in Vietnam are expatriates which are normally required work permit in Vietnam.
As the Vietnam law’s restrictions to encourage employment of local employee over foreign employee, normally, the employment of an expatriate is limited to a managerial position or to a position which Vietnamese employee are not yet qualified.
There are exemption of work permit in Vietnam as following cases:
A capital contributing member or owner of a limited liability company which is registered to operate in Vietnam;
A member of the Board of Management of a shareholding company which is registered to operate in Vietnam;
A chief of a representative office or of a project of an international organization or a non-governmental organization in Vietnam;
The foreigner enters Vietnam for less than three months to offer services;
The foreigner enters Vietnam to work for less than three months or to handle an emergency case and that cannot adequately be addressed within Vietnam;
A lawyer who has received a Certificate for the practice of law in Vietnam granted by the Ministry of Justice;
The foreigner is a student studying and working in Vietnam;
An intra-corporate transferee working in Vietnam;
The foreigner provides expert and technical consultancy services or undertakes other tasks with respect to research, formulation, evaluation, monitoring and assessment, management and implementation of a program or project using official development aid (“ODA”);
The foreigner has a media license issued by the MOFA;
The foreigner is appointed by a competent authority of a foreign country to teach at an international school which is managed by a foreign diplomatic office or an international organization in Vietnam;
The foreigner a volunteer;
The foreigner has a master’s degree or higher or similar qualifications and provides consultancy, teaching, or conducts scientific research at a university or vocational college for a period not exceeding thirty (30) days; or
The foreigner implements an international agreement signed by a Vietnamese government authority, a provincial body or a central socio-political organization.
In order for an expatriate to be exempted from a work permit, the employer must file an application with the provincial labor authority. Chairman of the provincial People’s Committee will be consulted and if approval, he/she will issue a written consent to each employer regarding the employment of expatriate.
In order to ensure compliance in immigration, labor employment, foreign owned enterprises are suggested to consult with employment lawyers in Vietnam. We at ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City would be able to assist clients in employment matters and could be reached at email: email@example.com or office tel: +848 35202779.
20:21 Immigration Lawyers in Vietnam, Temporary residence card in Vietnam, Visa entering Vietnam, Work permit in Vietnam No comments
Foreigners entering Vietnam for different purposes will need proper visas issued, failing which would lead to the revocation, invalidation of entry/exit/residence permits issued by Vietnamese competent authorities. The length of stay in Vietnam for foreigners depend on the visa type and the time duration specified on the visa itself. For some visas, especially work related visas, the foreigners need to be sponsored by Vietnam enterprises for working purpose. The proper works visa must be obtained before work permit in Vietnam would be issued and the foreigners could apply for temporary residence card to stay in Vietnam for a longer period.
Below lists down all visa symbol for references.
- NG1 – Issued to members of delegations invited by the Secretary General of Vietnam’s Communist Party of, the President of Vietnam, the President of the National Assembly, the Prime Minister.
- NG2 – issued to members of delegations invited by standing members of the Secretariat of the Vietnam’s Communist Party, Deputy President of Vietnam, Deputy President of the National Assembly, Deputy Prime Minister, President of Vietnamese Fatherland Front, Executive Judge of The Supreme Court, Chief Procurator of the Supreme Procuracy, State Auditor General; members of delegations at the same levels of Ministers, Secretary Generals of Provincial Communist Authorities, President of the People’s Committees of provinces.
- NG3 – Issued to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office.
- NG4- Issued to people who come to work with diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations, visitors of members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, and representative offices of intergovernmental organizations.
- LV1 – Issued to people who come to work with units affiliated to Vietnam’s Communist Party; the National Assembly, the government, Central Committee of Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces.
- LV2 – Issued to people who come to work with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry.
- ĐT – Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam.
- DN – Issued to people who come to work with companies in Vietnam.
- NN1 – Issued to Managers of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam.
- NN2 – Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam.
- NN3 – Issued to people who come to work with foreign non-governmental organizations, representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam.
- DH – Issued to people who come to study or serve internship.
- HN – Issued to people who come to attend conventions or conferences.
- PV1 – Issued to journalists who have permanent residences in Vietnam.
- PV2 – Issued to journalists who come to work for a short period of time in Vietnam.
- LĐ – Issued to people who come to work.
- DL – Issued to tourists.
- TT – Issued to foreigners that are parents, spouse, children under 18 years of age of the foreigners issued with LV1, LV2, ĐT, NN1, NN2, UNIVERSITY, PV1, LĐ visas, or foreigners that are parents, spouse, children of Vietnamese citizens.
- VR – Issued to people who come to visit their relatives or for have other purposes.
- SQ – Issued to people at an overseas visa-issuing authority of Vietnam
It is important that the immigration lawyers in Vietnam to be retained for advice in regard to visa, work permit, temporary residence card or other immigration matters.
Pursuant to Decree No. 11/2016/ND-CP of the Government that will take effect April 1st 2016, the below cases of foreigner will not have to apply for work permit in Vietnam:
- As capital contributing members or the owner of limited liability company.
- As member of the Managing Board of the joint stock company.
- As Head of the representative office, project of international organizations, non-governmental organizations in Vietnam.
- Entry into Vietnam for less than 03 months to carry out the service offering.
- Entry into Vietnam for less than 03 months to handle the incidents, technical situations and complicated technology arising that influence or threaten to production and business that Vietnam expert and foreign experts that currently in Vietnam cannot handle.
- As foreign lawyers that are licensed to practice law in Vietnam under the provisions of the Law on Lawyers.
- Under the provisions of the international treaties in which the Socialist Republic of Vietnam is a member.
- As pupils and students studying in Vietnam and working in Vietnam but the employer must notify 07 days with state authorities on the provincial labor.
- Moving within the enterprises in the range of 11 service sectors in the service commitments of Vietnam to the World Trade Organization, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture and transport;
- Entry into Vietnam to provide advisory services and technical expertise or perform other tasks to serve the research, construction, appraisal, monitoring, evaluation, management and implementation of programs and projects funded with official development assistance (ODA) as prescribed or agreed in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries;
- Granted the work permit on information and press in Vietnam by the Vietnam Ministry of Foreign Affairs in accordance with law;
- Sent to Vietnam by agencies and foreign organizations to teach and research in the international school under the jurisdiction of the foreign diplomatic representative agencies or international organizations in Vietnam or the Ministry of Education and Training certificated for teaching and researching in the educational and training institutions in Vietnam;
- Volunteers certified by the foreign diplomatic representative agencies or international organizations in Vietnam
- Entry into Vietnam working in the positions of professional, manager, executive or technical employees with working duration of less than 30 days and no more than 90 cumulative days in 01 years;
- Entry into Vietnam to implement international agreements that agencies and organizations at the central and province have signed as in accordance with law;
- Pupils and students studying in abroad schools and training institutions that have internship agreements in the agencies, organizations and enterprises in Vietnam;
- Relatives of members of foreign representatives in Vietnam working after licensed by the Ministry of Foreign Affairs, except the case where international treaties that the Socialist Republic of Vietnam is a member that have other regulations;
- Have official passport to work for state agencies, political organizations and political – social organizations;
- Other cases decided by the Prime Minister on the proposal of the Ministry of Labour – Invalids and Social Affairs.
Cases that the work permit is revoked are:
a) The contents in the dossiers requesting for the issuance and re-issuance of work permit are fake;
b) The work permit has expired;
c) Foreign workers or employers do not comply with the contents stating in the work permit;
d) Termination of the labor contract;
e) The content of the labor contract is not true to the content of the work permit that has been issued;
f) The contracts or agreements on economic, trade, financial, banking, insurance, science and technology, culture, sport, education, vocational training, health care have expired or terminated;
g) There is document of the foreign party announced that they stopped sending foreign workers to work in Vietnam;
h) The employers terminate their business operations;
i) The foreign workers are imprisoned, dead or missing according to the statement of the Court;
k) The competent agency or organization request in written on the recall of work permit due to the violation of the provisions of the law of Vietnam by the foreign employees.
Department of Labor – Invalids and Social Affairs is authorized to revoke the work permit that has been granted.
This new regulations take effect from April 1st 2016.
Decree 11/2016/ND-CP dated February 3rd 2016 detailing the implementation of the provisions on the granting of work permit to foreign laborers working in Vietnam. This Decree replaces the Decree 102/2013/ND-CP.
Firstly, the Decree 11/2016/ND-CP (Decree 11) clearly stipulating the concept of professionals, managers and CEO. Besides the concepts of current job position, Decree 11 added the concept for other positions that foreign workers undertake.
Foreign workers are considered professionals when they meet one of the two conditions: There is a written confirmation confirmed that they are experts from the agency, organization and business in foreign countries; At least have university degree or equivalent and have at least 03 years working experience in specialized majors in line with the position that foreign workers are expected to work in Vietnam; Other special cases will be decided by the Prime Minister.
The case where foreign workers are considered managers and CEO: Managers are people who manage the enterprise as defined in Clause 18, Article 4 of the Law on Enterprise or the heads and deputy heads of the agency or organization; CEO is the head and directly operating subsidiary agencies, organizations and businesses.
Secondly, Decree 11 also supplements the cases that are not subject to work permit application. In addition to the cases under the old regulations, Point e, Paragraph 2, Article 7 of Decree 11 supplements the cases of foreigners working in Vietnam in the position of experts, managers, CEO or technical labor with working time of less than 30 days and the cumulative time not exceeding 90 days in 01 years, will not have to applying for work permit.
For cases that are not subject to work permit application, foreigners still need to have the certificate of the Department of Labour, Invalids and Social Affairs. The time limit for cases that are not subject to work permit application shall not exceed 02 years and in accordance with the terms of specific cases. (Old regulation did not specify the time limit).
Thirdly, the Decree 11 provides more details on the dossier requesting for the issuance of work permit. Specifically, Decree 11 provides that the health certificate must be valid for a period of 12 months from the signing date of the health argument, and still in effect at the time of work permit application.
Also in Article 10 of Decree 11, the dossier requesting for the issuance of work permit must have the criminal record card or written confirmation confirmed that foreign workers are not offenders or prosecuted for criminal responsibility, which are issued by foreign country. The case where foreign workers are residing in Vietnam, only the criminal record card must be granted by Vietnam. These documents are issued not more than 6 months from the date of issuance to the date of application.
Fourthly, the Decree also refers to dossier requesting for the issuance of work permits for some special cases. Compared with the old regulations, Decree 11 supplements Paragraph 8 of Article 10 on the dossier for some special cases as follows: Has been granted the work permit which is still valid and the employee works for another employer in the same job and position stating in the work permit; Has been granted the work permit which is still valid then the employee works in the different job and position stating in the work permit in accordance with the law but does not change the employer; Has been granted the work permit but it has expired as regulated in Article 174 of the Labor Code and then would like to continue to work in the same job and position stating in the work permit; Has been granted the work permit in the above cases based on the provisions in Decree 102/2013/ND-CP.
Lastly, Decree 11 mentions the cases that need to re-issue the work permit. Specifically, Decree 11 supplements in Article 13 that if the work permit is still valid for at least 5 days but not more than 45 days, it will be re-issued. (Old regulation does not have this case).
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21:51 Business in Vietnam, Foreign Workers in Vietnam, Temporary residence card in Vietnam, Work permit in Vietnam No comments
In order to manage the usage of foreign workers in Vietnam, the Vietnam state authority has requested employers to provide explanation for such need to use foreign workers. This will be the preliminary procedure before applying for work permit in Vietnam then temporary residence card in Vietnam for foreigners. The report of demand to use of foreign workers has to meet the following requirements:
00:09 Business consultant, Employment, Law firm in Vietnam, Lawyers in Vietnam, Work permit in Vietnam, Workers’ Compensation No comments