The procedure for Exemption from Work Permit Application

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.