Question:
When it’s discovered that a foreign laborer working in Vietnam doesn’t possess the required Work Permit as per regulations, how is this situation handled?
Answer:
Clause 2 of Article 153 of Labor Code 2019, effective from January 1, 2021, stipulates that foreign laborers working in Vietnam without a Work Permit will be subject to deportation or expulsion from Vietnam in accordance with the regulations of the law on entry, exit, transit, and residence of foreigners in Vietnam.
Therefore, foreign laborers working in Vietnam, except for cases where a Work Permit is not required, must possess a valid Work Permit. If they work for a business or contractor in Vietnam without the required Work Permit, they could face deportation or expulsion from Vietnam.
Question:
I heard that foreign laborers can still work in Vietnam even without a Work Permit. Could you please explain the legal provisions for such cases?
Answer:
Article 154 of the Labor Code 2019, effective from January 1, 2021, specifies situations in which foreign laborers working in Vietnam are not required to obtain a Work Permit. These include:
“1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.
2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.
3. Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.
4. Enters Vietnam for a period of less than 03 months to do marketing of a service.
5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
6. Is a foreign lawyer who has been granted a lawyer’s practising certificate in Vietnam in accordance with the Law on Lawyers.
7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.
9. Other circumstances specified by the Government.”
Question:
I have a cousin who is married to a foreigner with German nationality. After their marriage, my cousin followed her husband to Germany, but now she wants to return to Vietnam to live. In this case, if her husband also comes to Vietnam for work, is it necessary for him to go through the process of obtaining a Work Permit?
Answer:
According to the provision in Clause 8 of Article 154 of Labor Code 2019, effective from January 1, 2021, foreign individuals who are married to Vietnamese citizens and reside within the territory of Vietnam are not required to obtain a Work Permit.
Therefore, in the mentioned scenario, the husband with German nationality can come to Vietnam to live and work without needing to obtain a Work Permit.
