Procedures for confirmation foreign workers are exempt from applying for the work permits

I.  The cases in which the foreign workers are exempt from applying for the work permits

1.  Capital-contributing members or owners of limited liability companies;

2.  Members of the Board of Directors of joint-stock companies;

3.  Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam;

4.  The workers are internally reassigned in the companies which engage in 11 service industries in the Vietnam’s WTO commitments on services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation;

5.  The workers enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year.

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II.  Records for the procedure:

1.  The written request for the certification that the foreign workers are exempt from work permits;

2.  The list of foreign workers which specifies their full names, ages, genders, nationalities, passport numbers, staring and ending dates of employment and their job positions;

3.  Documents proving that the foreign workers are eligible for exemption from the work permit;

III.  Legal basis

1.  The Labor Code in 2012;

2.  Decree No.11/2016/ND-CP on 3rd Febuary, 2016 on detail regulations on implemting a number of artciles of the Labor code regarding foreigners in Vietnam;

3.  Circular No.40/2016/TT-BLDTBXH on 25th October, 2016 on guidance on implemting of a number of articles of Decree No.11/2016/ND-CP.

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