Question: My company is looking to recruit foreign laborers who are married to Vietnamese citizens. I would like to ask the lawyer if, in this case, the foreign laborer needs to apply for a work permit? What are the procedures and processes?
Answer:
Legal Basis:
- Labor Code No. 45/2019/QH14 issued by the 14th National Assembly on November 20th, 2019.
- Decree No. 152/2020/ND-CP issued by The Government on December 30th, 2020 on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
- Decree No. 70/2023/ND-CP issued by The Government on September 18th, 2023 on amendments to the government’s decree no. 152/2020/ND-CP dated December 30th, 2020 on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
Foreign laborers married to Vietnamese citizens and residing in Vietnam are exempt from Work Permits
In accordance with Clause 8 of Article 154 of the Labor Code 2019 on Work permit exemption for foreign employees in Vietnam “A foreign employee is not required to have the work permit if he/she gets married with a Vietnamese citizen and wishes to reside in Vietnam.”
Procedures and Processes for Confirming Exemption from Work Permits for Foreign Laborers (Issuance to Article 8 of Decree 152/2020/ND-CP and its amendments by Decree 70/2023/ND-CP)
- The employer shall request the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where the foreign worker is expected to work to certify that such foreign worker is eligible for exemption from a work permit at least 10 working days before he/she starts to work.
- Competent Authorities for Confirming Exemption from Work Permits for Foreign Laborers:
The Ministry of Labor, War Invalids and Social Affairs or Departments of Labor, War Invalids and Social Affairs are authorized to grant certification of exemption from work permit.
- The validity period of a certification of exemption from work permit is up to 2 years. If a certification of exemption from work permit is re-issued, the corresponding validity period is up to 2 years.
- Required documents in an application for exemption from work permit:
+ An application form for certification of exemption from work permit No. 09/PLI Appendix I, Decree No. 152/2020/ND-CP.
+ A fitness to work certificate in accordance with clause 2 Article 9 with Decree No. 152/2020/ND-CP.
+ 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;
Notes: All documents submitted must be original or certified copies. If the documents are from a foreign country, they must be legalized with consular authentication, translated into Vietnamese, and notarized or certified, unless exempted by an international treaty to which both Vietnam and the relevant foreign country are parties; by a reciprocity agreement; or by relevant legal provisions.
- Processing time
Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall issue a certification of exemption from work permit, using Form No. 10/PLI Appendix I issued together with Decree No. 152/2020/ND-CP. If the application is rejected, a written explanation is required.
