Determination of foreign workers who are internally assigned are exempt from applying for the work permits


2017-02-10

1.Subject: Managers, chief executive officers, experts, technicians.

2. Condition: Foreigners have been employed by the foreign enterprise for at least 12 months

3. Fields of operation: In 11 service industries in the Vietnam’s WTO commitments on services that are defined particularly as follows:

    • For managers, chief executive officers, experts: according to Annex I in the Circular No.35/2016/TT-BCT.
    • For technicians: according to Annex II in the Circular No.35/2016/TT-BCT.

4. Kind of labor: Foreigners internally reassigned to the commercial presence in Vietnam. The commercial presence in Vietnam includes:

  • Foreign investment capital economic organizations;
  • Representative offices, Branches of foreign traders in Vietnam;
  • Executive offices of foreign investors in the business cooperation contract.

(Article 2, Circular No. 35/2016/TT-BCT)

5. Dossier:

    • Documents assigning foreign worker to work in commercial presence in Vietnam in which clearly show position, title and working duration.
    • Documents certifying that the foreign worker are experts, technicians, includes:
    • Experts:
    • Certificated documents of an overseas agency, organization or enterprise; or
    • Bachelor’s degree or equivalent and at least 03 working years in training field corresponding with the job position that they shall be appointed in Vietnam.
    • Technicians:
      • Certificates or documents certifying that such foreign worker has been trained for at least 01 year or their major is relevant to the job they expected to take in Vietnam; and
      • Documents certifying that the foreign worker has at least 03 years of experience in relevant majors.
    • Documents certifying that the foreign worker has been employed by the foreign enterprise for at least 12 months:
    • Confirmation documents on the foreign worker are employed by the employer;
    • Employment contract;
    • Decision on recruitment;
    • Certificates of tax payment or insurance of that foreign worker.
    • Documents certifying that the commercial presence in Vietnam is operating in 11 service industries: Business License or equivalent; Establishment license of representative office, branch.

6. Legal documents

  • Decree No. 11/2016/ND-CP detailed regulations on implementing a number of articles of the Labor Code regarding foreign workers in Vietnam. Click here
  • Circular No. 40/2016/TT-BLDTBXH guidance on implementation of a number of articles of Decree No. 11/2016/ND-CP detailing a number of articles of the Labor Code in respect of foreign workers in Vietnam. Click here
  • Circular No. 35/2016/TT-BTC guidance to define foreign worker who is internally reassigned in enterprises which engage in 11 service industries in the Vietnam’s WTO commitments. Click here