What documents must our company prepare to apply for a certificate of exemption from work permit for our foreign employees?
Under Article 8 of Decree 219, an application dossier for a certificate of exemption from work permit must be prepared for each foreign worker, including general personal documents and documents proving eligibility for the applicable exemption category circumstance.
1. General required documentation
- Request form for certification of work-permit exemption (Form No. 01 in the Appendix to the Decree);
- Health certificate issued by a qualified medical establishment, unless the health data has already been connected to the National Health Database; (a health certificate issued overseas may be accepted if Vietnam and the issuing jurisdiction have a mutual recognition agreement and the certificate is issued within 12 months prior to submission);
- Two 4cm×6cm color photo, white background, frontal view, bareheaded, without glasses;
- Valid passport.
2. Proof of eligibility by position or job
(a) Managers
- Company charter plus documentation of managerial status; or,
- Appointment/assignment decision; or,
- Establishment license and appointment document, for heads or deputy heads of agencies or organizations.
(b) Executive officers
- Certificate of branch operation, representative office operation or business location registration; or,
- Company charter/organizational structure documents; and,
- Employer’s confirmation of years of experience.
(c) Experts
- Any of the following:
+ University degree or higher (or equivalent) plus confirmation of years of experience;
+ University degree or equivalent in finance, science, technology, innovation, digital transformation, or a priority cooperation sector, plus confirmation of years of experience;
+ Certificates of outstanding achievements in culture or sports;
+ Specialized licenses such as pilot license, aircraft operation certificate, aircraft maintenance certificate, and seafarer competency certificate (foreign documents must be recognized by competent Vietnamese bodies);
+ Documents showing compliance with Vietnam’s relevant qualification standards, for experts in education and training;
+ Documents proving expertise in other specialized professions as guided by the relevant authority.
(d) Technical workers
- Diploma/certificate proving at least one year of training plus confirmation of work experience; or,
- Document directly confirming years of experience
(e) Intra-corporate transferees
- Document assigning the worker to Vietnam for a fixed term; and,
- Evidence of 12 consecutive months of employment with the foreign employer prior to entry.
3. Other exemption-related cases
- For foreigners working in state agencies or NGOs: Document issued by the competent Vietnamese authority;
- For foreigners performing jobs under treaties or international agreement: Job-assignment document from the foreign employer plus the relevant treaty or international agreements.
Note: If the foreign worker has previously worked in Vietnam, the existing certificate of exemption from work permit may be used as substitute for documents proving relevant work experience.
Sickness
Work Injury and Occupational Disease
Survivor’s
Old-age
Maternity
Unemployment
Medical (Health Insurance)
Certificate of coverage
VSS - ISSA Guidelines on Social Security