1. The procedure for Exemption of Work Permit Application
The procedure for Exemption of Work Permit Application is implemented as follows:
a. Step 1. Register for the demand for foreigner workers
- Licensing authority: Department of Planning and Investment
- Estimated time: 10 working days.
- Application include:A written explanation of the demand for foreign workers.
b. Step 2. Apply for Certification of Exemption from Work Permit.
- Licensing authority: Department of Planning and Investment
- Estimated time: 05 working days.
- Applications include:
-
An application form for certification of exemption from work permit.
-
A fitness to work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months before the submission date of the application or the certificate.
-
An acceptance of demand for foreign workers, unless it is not required.
-
A valid certified true copy of passport as per the law.
-
Documents justifying that the foreign worker is exempt from work permit.
2. Sanctions when not applying for Certification of Exemption from Work Permit
With the act of not applying for Certification of Exemption from Work Permit, the enterprise can be sanctioned as follows:
- From 30,000,000 VND to 45,000,000 VND with violations from 01 person to 10 people.
- From 45,000,000 VND to 60,000,000 VND with violations from 11 to 20 people.
- From 60,000,000 VND to 75,000,000 VND for violations from 21 people or more.
For this act, the foreign worker will be sanctioned as follows: From VND 15,000,000 to VND 25,000,000.
In addition, foreign workers may be subject to the additional sanction which is expulsion from Vietnam.
3. Legal basis
- Labor Law 2019
- Decree 152/2020/ND-CP on December 30, 2020 on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
For comprehensive support, please contact:
Siglaw legal company limited (Siglaw Firm)
Hotline: +84 967 818 020
Headoffice in Hanoi:
Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Hotline: +84 967 818 020
Email: hanoi@siglaw.vn
Ho Chi Minh City Branch:
Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.
Hotline: +84 985 982 659
Email: hcm@siglaw.vn