Determination of foreign workers who are internally assigned are exempt from applying for the work permits
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)
- 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:
- 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.
- 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