Are there any cases where workers are exempt from work permits?

06/04/2023

According to Article 7 of Decree 152/2020/ND-CP, foreign workers who are not subject to work permits are the following cases:

  • Persons responsible for establishing commercial presence (foreign-invested economic organizations; representative offices, branches of foreign traders in Vietnam; executive offices of foreign investors in the contract) business cooperation contract).
  • Being the owner or capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more.
  • Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
  • To be the head of a representative office or project or to take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
  • Intra-enterprise movement within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment schools, finance, health, tourism, culture, entertainment and transportation.
  • Entering 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 3 times in a year.
  • Entering Vietnam with a term of less than 3 months to conduct a service offering, deal with problems, complex technical situations and technologies that arise, affecting or potentially affecting production and business that the customers Vietnamese experts and foreign experts currently in Vietnam cannot handle.
  • Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
  • Foreigners who marry Vietnamese and live in Vietnamese territory.
  • The case according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
  • Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring and evaluation, program management and implementation, projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
  • To be sent to Vietnam by a competent foreign agency or organization to teach or conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
  • Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
  • Being certified by the Ministry of Education and Training for foreign workers to enter Vietnam for teaching and research purposes.
  • Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies, organizations and enterprises in Vietnam; trainees and trainees on Vietnamese ships.
  • Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law.