Q1 – Cases of work permit exemption

There are a number of cases of work permit exemption under Labor Code 2019 and Government’s Decree 152/2020/NĐ-CP dated 30 December 2020 (Decree 152).

We would like to generally summarize as below. We are pleased to comment and advise on a case by case basis subject to the comprehensive review of your specific circumstance.

Cases of work permit exemption;

Q2 – How to get work permit exemption certificate in Vietnam

We would like to summarize the step by step procedure to obtain a work permit exemption certificate as below.

How to get work permit exemption certificate in Vietnam;

Q3 – If a foreigner is investor, how to get investor visa in Vietnam. please inform required documents and process.

Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, dated 14 June 2014 (as amended and supplemented from time to time), there are four (4) types of Investor Visa in Vietnam:

We would like to generally summarize the licensing process as below.

We are pleased to comment and advise on a case by case basis subject to the comprehensive review of your specific circumstance.

how to get investor visa in Vietnam;

Q4 – What to do after the issuance of work permit?

Employer and Expat to enter into Vietnam-law labor contract.

Term of labor contract must be in line with the term of the issued work permit.

The employer shall send the signed lab or contract to the competent authority that issued that work permit. The labor contract shall be the original copy or a certified true copy. Penalty of up to 6M VND (equivalent to US$ 250) shall apply in case of failure to follow this obligation.

Q5 – Is there an indefinite-term labor contract for expat employees?

Local employees: First fixed-term labor contract of up to 36 months -> Second fixed-term labor contract of up to 36 months -> Indefinite-term labor contract.

Expat employees: Multiple fixed term labor contracts. Term of labor contract must be in line with term of issued work permit.

Q6 – If the foreign investor is retired (> 60 years old), can he/she legally live in Vietnam by investor visa?

Yes.

The term ‘foreign investor’ as defined in clause 19 Article 3 of the Law on Investment dated 17 June 2020, are individual who are holding a foreign nationality or an organization established under foreign laws and carrying our business investment activities in Vietnam. As far as our awareness, there are no statutory restriction on age of foreign investor. As such, a foreign individual investor who is beyond the statutory retirement age can legally reside in Vietnam provided that he/she manages to obtain (i) a validly effective investor visa or (ii) a validly effective temporary resident card (TRC) marked with symbol ‘ĐT’.

*** Please do not hesitate to contact Dr. Oliver Massmann under [email protected] if you have any questions or want to know more details on the above. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.