Procedures for foreign workers to work in Vietnam in case of intra-company transfer

According to regulations, Foreign workers intra-company transfer are managers, executives, experts and technical workers of a foreign enterprise that has established a commercial presence in Vietnam, temporarily transferring within the enterprise to a commercial presence in Vietnam and have been previously recruited by the foreign enterprise for at least 12 consecutive months.

Intra-company transfer is regulated within the scope of 11 service sectors in Vietnam's service commitments to the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, healthcare, tourism, culture, entertainment and transportation.

In case of Intra-company transfer, foreign employees are not subject to Work Permit issuance, however, Enterprise still needs to carry out procedures to confirm that foreign employees are not subject to Work Permit issuance.

The general procedure is as follows:

Step 1: Post recruitment of Vietnamese people for positions expected to recruit foreigners within a minimum period of 15 days from the expected date of explanation of the need to use foreign workers.

Step 2: After failing to recruit Vietnamese workers in Step 1, the company will submit an application to explain the need to use foreign workers within a minimum of 15 days from the expected date of using foreign workers.

Step 3: Submit the application for confirmation of not being subject to work permit issuance for foreign workers at least 10 days before the date the foreign worker starts working.

Documents to prepare:

1) Document requesting confirmation that foreign workers are not subject to work permit issuance

2) Health certificate or medical examination certificate

3) Document approving the need to use foreign workers, except for cases where it is not necessary to determine the need to use foreign workers.

4) Certified true copy of valid passport as prescribed by law

5) Documents to prove that foreign workers are not subject to work permit issuance:

• Document of foreign enterprise sending employees to work at the commercial presence of that foreign enterprise in Vietnam, stating the job position, job title and working time;
• Document proving that the foreign worker has been recruited by the foreign enterprise for at least 12 months before being sent to Vietnam to work at the commercial presence.
• Documents proving job position:
  • Documents proving that you are a manager or executive director
  • Documents proving that you are an expert include: diplomas, certificates, confirmation documents from foreign agencies, organizations, and enterprises about the expert's years of experience.
  • Documents proving technical workers include: diplomas, certificates, confirmation documents from foreign agencies, organizations, and enterprises about the technical workers's years of experience.

Note: The maximum period for confirming that foreign workers are not subject to work permits is 02 years.