IN WHAT CASES ARE FOREIGN WORKERS NOT SUBJECT TO A WORK PERMIT?
QUESTION
Dear TLK Law Firm, I currently have a question and hope to hear from you as follows: I am a Lao citizen who wants to go to Vietnam to export labor and work in the garment industry. Therefore, I want to learn about the provisions of Vietnamese law on conditions for obtaining a work permit. And in what cases are work permits not issued? Looking forward to your company's answer. Thank you!
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Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
2. Decree 70/2023/ND-CP passed by the Government on September 18, 2023 amending Decree 152/2020/ND-CP regulating foreign workers working in Vietnam;
3. Decree No. 152/2020/ND-CP passed by the Government on December 30, 2020 regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working foreigners in Vietnam;
4. Other legal documents provide relevant guidance.
CONSULTATION CONTENT
The Vietnamese labor market today has the participation of many workers with different professional qualifications. With the government's market opening policy, it is attracting a lot of foreign workers, in which the proportion of foreign workers working in Vietnam also accounts for a large part. To work in Vietnam, foreign workers need to be granted a legal work permit by a competent state agency. However, in some cases according to Vietnamese law, foreign workers not subject to a work permit.
Therefore, through this article, we will answer your questions about “In what cases are foreign workers not subject to a work permit?”.
Photo 1. In what cases are foreign workers not granted with work permits?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO CASES OF FOREIGN WORKERS NOT SUBJECT TO A WORK PERMIT
1. What is an employee? Foreign workers working in Vietnam?
Pursuant to the 2019 Labor Code, an employee is a person who works for the employer according to an agreement, is paid a salary and is subject to the management, administration and supervision of the employer.
Foreign workers working in Vietnam are people with foreign nationality and must meet the conditions of age, civil act capacity, professional qualifications, and health, and are not being prosecuted for criminal liability investigation, are serving a sentence whose criminal record has not been erased, and have a work permit issued by a competent Vietnamese state agency.
2. Cases where foreign workers are not granted with work permits
Pursuant to the 2019 Labor Code and Decree No. 152/2020/ND-CP, foreigners working in Vietnam are not subject to work permits in the following cases:
(1) Based on position:
- Be an owner or capital contributing member of a limited liability company with capital contribution value of 3 billion VND or more;
- Be Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with capital contribution value of 3 billion VND or more;
- Be the Head of a representative office, project or have main responsibility for the activities of international organizations and foreign non-governmental organizations in Vietnam.
(2) Based on working time in Vietnam:
- Enter Vietnam for less than 3 months to offer services;
- Entering Vietnam for less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and other Foreign experts currently in Vietnam cannot handle it;
- Enter Vietnam to work as a manager, executive director, expert or technical worker for less than 30 days and not more than 03 times in 01 year;
(3) Based on tasks:
- Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation, and projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent agencies of Vietnam and foreign countries;
- Be sent to Vietnam by a competent foreign agency or organization to teach or work as a manager or executive director at an educational institution nominated by a foreign diplomatic representative agency or intergovernmental organization. Proposal to establish in Vietnam; establishments and organizations established under international treaties that Vietnam has signed and participated in;
- Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law;
- Pupils and students studying at schools and training facilities abroad who have internship agreements in agencies, organizations and businesses in Vietnam; interns and trainees on Vietnamese ships.
(4) Other cases:
- Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers 2006;
- In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member;
- Foreigners married to Vietnamese people and living in Vietnamese territory;
- Moving within an enterprise within the scope of 11 service sectors in Vietnam's service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation;
- Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law;
- Volunteers specified according to Decree No. 152/2020/ND-CP;
- Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law;
- Relatives of members of foreign representative agencies in Vietnam prescribed in Decree No. 152/2020/ND-CP;
- Have an official passport to work for a state agency, political organization, or socio-political organization;
- Person responsible for establishing commercial presence;
- Confirmed by the Ministry of Education and Training that foreign workers enter Vietnam to perform the following jobs: (i) Teaching and research; (ii) Working as a manager, executive director, principal, or vice principal of an educational institution proposed to be established by a foreign diplomatic mission or intergovernmental organization in Vietnam.
Thus, when foreigners enter Vietnam to work in the above cases, they are not subject to being granted a work permit by Vietnamese state agencies.
=> See more: What is Visa? Cases of visa exemption? Visa validity period?
3. Conditions for foreign workers to work in Vietnam
Pursuant to the 2019 Labor Code, foreign workers who want to work in Vietnam need to meet the following conditions:
(1) Be 18 years old or older and have full civil capacity;
(2) Have professional qualifications, techniques, skills, and work experience;
(3) Have good health according to regulations of the Minister of Health;
(4) Not a person who is serving a sentence or has not had his or her criminal record erased or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;
(5) Have a work permit issued by a competent Vietnamese state agency, except for cases not subject to a work permit according to the provisions of the 2019 Labor Code.
Thus, people with foreign nationality who participate in the Vietnamese labor market must meet the above conditions as prescribed by law and will be allowed to work in Vietnam and will enjoy rights and responsibilities. responsible for performing obligations according to the provisions of law.
Photo 2. In what cases are foreign workers not granted with work permits?_Hotline: 0972118764
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
III. SOME QUESTIONS RELATED TO CASES OF FOREIGN WORKERS NOT SUBJECT TO A WORK PERMIT
Question 1: How are volunteers who are foreign workers not subject to work permits?
Reply:
Pursuant to Decree No. 152/2020/ND-CP, volunteers who are foreign workers working in Vietnam with the following conditions will be considered foreign workers not subject to work permits. dynamic:
(1) In a voluntary and unpaid form to implement international treaties to which the Socialist Republic of Vietnam is a member;
(2) Confirmed by a foreign diplomatic mission or international organization in Vietnam.
Thus, volunteers who are foreign workers participating in the Vietnamese labor market in the above cases are not subject to work permits according to the provisions of Vietnamese law.
Question 2: Is there an expiry date for foreign workers' work permits in Vietnam?
Reply:
The answer is Yes.
Pursuant to the 2019 Labor Code, the term of the labor contract for foreign workers working in Vietnam must not exceed the term of the Work Permit. The maximum term of a work permit is 02 years. In case the employee wants to extend the work permit, it can only be extended once for a maximum period of 02 years. Thus, when the term of the work permit expires, the two parties can agree to enter into multiple fixed-term labor contracts according to the provisions of law.
Question 3: How are the responsibilities of foreign workers working in Vietnam regulated?
Reply:
Pursuant to the 2019 Labor Code, foreign workers working in Vietnam have the following responsibilities:
(1) Must present a work permit when requested by a competent state agency;
(2) Without a work permit, the foreign worker will be forced to leave or deported according to the provisions of law on entry, exit, transit, and residence of foreigners in Vietnam. Must strictly comply with exit or deportation according to Vietnamese law.
Thus, in addition to the rights that foreign workers working in Vietnam enjoy, foreign workers must be responsible for fully and strictly implementing the above cases according to the provisions of law.
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Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
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