Decree No. 152/2020 / ND-CP stipulates that, apart from the cases specified in Clauses 3, 4, 5, 6, 7 and 8 of Article 154 of the Labor Code, foreign worker is not required to be granted a work permit in these cases below:
1. Be the owner or capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more.
2. Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with a capital contribution of 3 billion VND or more.
3- Moving within enterprises in 11 service sectors in Vietnam's WTO Commitments on Services. including: business, information, construction, distribution, education , environment, finance, health care, tourism, entertainment and culture.
4- Entering Vietnam to provide professional and technical advisory services or to perform other duties for research, development, evaluation, monitoring, appraisal, management and implementation of the programs, projects using official development assistance (ODA) sources according to regulations or agreements in ODA international treaties signed between Vietnamese and foreign competent agencies.
5. To be licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam according to the provisions of law.
6. To be sent to Vietnam by a competent foreign agency or organization to teach or study at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under the agreements that Vietnam has signed and acceded to.
7- Volunteers defined in Clause 2, Article 3 of this Decree.
8. Entering Vietnam to work as a manager, executive director, expert or technical employee for a working time of less than 30 days and not more than 3 times a year.
9- Entering Vietnam to implement international agreements which are signed by agencies or organizations at the central or provincial level according to the provisions of law.
10- Pupils and students studying at overseas schools and training establishments with internship agreements in agencies, organizations and enterprises in Vietnam; trainees and apprentices on Vietnamese ships.
11- Relatives of members of foreign representative offices in Vietnam specified at Point 1, Clause 1, Article 2 of this Decree.
12- Having official passports to work for state agencies, political organizations, socio-political organizations.
13- The person responsible for establishing a commercial presence.
14- Being certified by the Ministry of Education and Training that the foreign worker enters Vietnam for teaching and research.
The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs has the authority to certify that the foreign worker is not required to be issued a work permit.
The employer requests the Ministry of Labor, War Invalids and Social Affairs or the local Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work to confirm that the foreign worker is not required to be granted a work permit, at least 10 days in advance from the date the foreign worker starts working.
The cases specified in Clauses 4, 6 and 8, Article 154 of the Labor Code and Points 1, 2, 8 and 11 above are not required to go through the procedures to confirm that the foreign worker is not required to be issued a work permit but must report to the Ministry of Labor, War Invalids and Social Affairs or the local Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
The time limit for certifying that a foreign worker is not required to be granted a work permit is 2 years at most and according to one of the cases specified in Article 10 of this Decree. In case of re-issuance of certification that the foreign worker is not required to be granted a work permit, the maximum time limit is 2 years.
Source: baochinhphu.vn / translated by Hien Pham IPA Da Nang
