Reader asks: In what cases are foreign workers employed in Vietnam exempt from the requirement to obtain a work permit?
Lawyer advice: Pursuant to Article 154 of the 2019 Labor Code and Clause 4, Article 49 of the Law on Digital Technology Industry, the regulations are as follows:
“Article 154. Foreign workers in Vietnam who are exempt from work permits
1. They are owners or capital-contributing members of a limited liability company, with a capital contribution value as prescribed by the Government.
2. They are Chairpersons or members of the Board of Directors of a joint-stock company, with a capital contribution value as prescribed by the Government.
3. They serve as heads of representative offices or projects, or hold primary responsibility for the operations of international organizations or foreign non-governmental organizations in Vietnam.
4. They enter Vietnam for a period of less than 03 months to carry out service offerings.
5. They enter Vietnam for a period of less than 03 months to address incidents or complex technical or technological situations that arise—which affect or threaten to affect production or business operations—and which cannot be resolved by Vietnamese experts or foreign experts already present in Vietnam.
6. They are foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
7. Cases stipulated by international treaties to which the Socialist Republic of Vietnam is a party.
8. Foreign nationals who are married to Vietnamese citizens and reside within the territory of Vietnam.
9. Other cases as prescribed by the Government.
Article 49. Amendment, supplementation, replacement, and repeal of certain articles of relevant laws
4. Clause 8a is added after Clause 8 and before Clause 9 of Article 154 of the Labor Code No. 45/2019/QH14, as follows:” as follows:
“8a. High-quality human resources for the digital technology industry, as defined by the laws on the digital technology industry.”
Consequently, the aforementioned cases of foreign workers employed in Vietnam are exempt from the requirement to obtain a work permit.