Long-Term Visa/ Temporary Residence Card For Foreign Workers Exempted From Vietnam Work Permit
25 Jul 2016
Legal Grounds:
Cases of foreign workers exempt from work permits:
1. Foreign workers specified in Clauses 1, 2, 3, 4, 5, 6, 7 and 8 of Article 172 of the Labor Code.
– As contributing member, or owners of limited liability company.
– As a member of the Board of Directors of the Joint Stock Company
– As a Head of Representative Office, project of international organization, non-governmental organizations in Vietnam.
– Coming to Vietnam with a period of less than 03 months to offer services
– Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam cannot be handled.
– As a foreign lawyer who has been licensed to practice law in Vietnam under the Law on Lawyers.
– Under the provisions of international agreement in which the Socialist Republic of Vietnam is a member.
– As students who are studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial state management agency on labor.
2. Other cases of foreign workers exempt from work permits, including:
– Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Viet Nam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education , environment, finance, healthcare, tourism, cultural entertainment and transport;
– Foreign workers entering Viet Nam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Viet Nam and other countries;
– Foreign workers who are issued with a license for the practice of journalism in Viet Nam by the Ministry of Foreign Affairs in accordance with the law;
– Foreign workers who are teachers of foreign organizations that are sent to Viet Nam by such organizations to teach and research in international schools under the management of foreign diplomatic missions or international organizations in Viet Nam or permitted by the Ministry of Education and Training to teach and research in Viet Nam’s education and training institutions;
– Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam;
– Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees with a period of less than 30 days and no more than 90 cumulative days in 01 years;
– Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories as prescribed by the law;
– Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam;
– Family members of diplomatic agents of foreign diplomatic missions in Viet Nam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Viet Nam is a signatory that contains provisions different from this;
– Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations;
– Other cases decided by the Prime Minister at the proposal of the Ministry of Labor – Invalids and Social Affairs.
There were many cases exempted from Vietnam Work Permit allowed to apply for long-term visa or Temporary Residence Card without Certificate of Work Permit Exemption as before:
+ Stakeholder or owner of limited company
+ Member of the management board of joint stock company
From 01 April, 2016, almost cases exempted from Vietnam Work Permit are required to have Certificate of Work Permit Exemption before applying for long-term visa or Temporary Residence Card, except for 3 cases below:
+ Coming to Vietnam with a period of less than 03 months to offer services
+ Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam cannot be handled.
+ Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees with a period of less than 30 days and no more than 90 cumulative days in 01 years.
Besides that, “Certificate of Vietnam Work Permit Exemption” has the same duration with Vietnam Work Permit (2years only). Thus, all case of foreign workers can apply for Vietnam long-term visa or Temporary Residence Card with the maximum duration of 2 years.
Thus, Vietnam Legal would like to recommend that all cases of Vietnam Work Permit Exemption should apply for Certificate of Work Permit Exemption to not interrupt your works and staying in Vietnam.
For all details related to Vietnam Work Permit Exemption, Work Permit, Vietnam Immigration, Vietnam Visa, Visa Extension, Temporary Residence Card, Permanent Residence Card, please feel free to contact Vietnam Legal.