IS IT EXEMPT FROM APPLYING FOR A WORK PERMIT IF THE REPRESENTATIVE MANAGING THE INVESTOR’S CAPITAL CONTRIBUTION IS A FOREIGN ORGANIZATION?
QUESTION
Dear TLK Law Farm, I have a question and hope to hear from you as follows: I am the representative managing the capital contribution of a foreign investor. Please let me know, Are you eligible for work permit exemption? Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. If a passport is about to expire, is it possible to be granted a work permit?
2. Can a work permit be extended? How long is an extended work permit valid?
3. In what cases can a work permit be reissued?
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 providing relevant guidance.
CONSULTATION CONTENT
In the trend of global economic integration, Vietnam is proving to be a promised land that attracts foreign investors to contribute investment capital and labor from abroad to work. However, to be able to work legally in Vietnam, foreign workers need a Work Permit except in some exceptional cases. So, in case the representative managing the capital contribution for an investor is a foreign organization, do I have to carry out the procedure for applying for a work permit?
To answer this question, you and us will learn through the article Is it exempt from applying for a work permit if the representative managing the investor's capital contribution is a foreign organization?
Photo 1. Is it exempt from applying for a work permit if the representative managing the investor's capital contribution is a foreign organization_Hotline: 0972118764
I. ARE SOME IMPORTANT LEGAL ISSUES RELATED TO THE MANAGEMENT REPRESENTATIVE OF THE CAPITAL CONTRIBUTION OF INVESTORS WHO ARE FOREIGN ORGANIZATIONS ARE EXEMPT FROM REQUIRING A WORK PERMIT?
1. What is a foreign worker?
Foreigners are people who carry documents identifying foreign nationality and stateless people entering, exiting, transiting, and residing in Vietnam. Accordingly, foreign workers are workers with foreign nationality or stateless people who work in Vietnam when meeting the prescribed conditions.
While working in Vietnam, foreign workers must comply with Vietnamese labor laws and will be protected by Vietnamese law, except in the case of international treaties to which the Socialist Republic of Vietnam is a member with different regulations.
2. Conditions for obtaining a work permit
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, when the above conditions are met according to the provisions of Vietnamese law, foreigners can work in Vietnam and be granted a work permit according to the provisions of Vietnamese law.
3. Foreign workers working in Vietnam are not subject to work permits
A work permit is not a condition for foreign workers to be allowed to work in Vietnam because in the following cases, foreigners can work in Vietnam without a permit:
(1) Be an owner or capital contributing member of a limited liability company with capital contribution value according to Government regulations;
(2) Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with capital contribution value according to Government regulations;
(3) Be the Head of a representative office, project or be primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam;
(4) Entering Vietnam for less than 3 months to offer services;
(5) Entering Vietnam for a period of less than 03 months to handle incidents or complex technical and technological situations that affect or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle it;
(6) Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers;
(7) In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member;
(8) Foreigners married to Vietnamese people and living in Vietnamese territory;
(9) Other cases as prescribed by the Government.
In short, a work permit is one of the important conditions for foreign workers to work in Vietnam, however when they fall into the above exceptions, foreign workers can work in Vietnam without a License.
Photo 2. Is it exempt from applying for a work permit if the representative managing the investor's capital contribution is a foreign organization_Hotline: 0972118764
II. SUMMARY OF ANSWER SECTION: IS THE MANAGEMENT REPRESENTATIVE OF THE INVESTOR'S CONTRIBUTED CAPITAL THAT IS A FOREIGN ORGANIZATION EXEMPT FROM APPLYING FOR A WORK PERMIT?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
According to regulations, in cases where foreign workers working in Vietnam are exempted from work permits, the representative managing the capital contribution of an investor who is a foreign organization is not exempt from applying for a work permit, therefore, the representative managing the capital contribution must still apply for a Work Permit at Vietnam's state labor management agency.
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 company providing the best legal services on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
=> See more: In what cases will work permit be revoked?
IV. SOME QUESTIONS RELATED TO IS THE MANAGEMENT REPRESENTATIVE OF THE CAPITAL CONTRIBUTION OF A FOREIGN ORGANIZATIONAL INVESTOR IS EXEMPT FROM APPLYING FOR A WORK PERMIT?
Question 1: Can work permits be extended?
Reply:
The answer is yes.
Pursuant to Decree No. 152/2020/ND-CP, work permits issued to workers will be renewed if they fall into the following cases:
(1) The issued work permit is valid for at least 05 days but not more than 45 days;
(2) Approved by a competent authority for the need to employ foreign workers specified in Decree No. 152/2020/ND-CP;
(3) Documents proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
Thus, if the employee's work permit falls into the above cases, it will be reissued by the competent state agency according to the provisions of law.
Question 2: Cases where work permits are reissued
Reply:
Pursuant to Decree No. 152/2020/ND-CP, work permits are reissued in one of the following cases:
(1) Work permit is still valid but lost;
(2) Work permit is still valid but damaged;
(3) Change one of the following contents: full name, nationality, passport number, work location, change the business name without changing the business code recorded in the valid work permit.
Thus, when a worker is granted a work permit in one of the above cases, he or she has the right to request a competent state agency to re-issue the work permit according to the provisions of law.
Question 3: In what cases does a work permit expire?
Reply:
Pursuant to the 2019 Labor Code, workers will be granted a work permit when they meet all the conditions prescribed by law. However, the work permit will expire in one of the following cases:
(1) Work permit expires;
(2) Termination of labor contract;
(3) The content of the labor contract is not consistent with the content of the issued work permit;
(4) Working inconsistently with the contents of the issued work permit;
(5) Contracts in fields that are the basis for expired or terminated work permits;
(6) There is a written notice from the foreign party to stop sending foreign workers to work in Vietnam;
(7) Vietnamese enterprises, organizations, partners or foreign organizations in Vietnam that employ foreign workers terminate their operations;
(8) Work permit is revoked.
Thus, the work permit will expire if it falls into the above cases according to the provisions of law and the workers' rights will not be guaranteed when participating in the labor process.
=> See more: What are the conditions for foreign workers to work in Vietnam?
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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