CAN BOARD OF DIRECTORS GET VIETNAM WORK PERMIT EXEMPTION?

Wednesday, 26/06/19

Vietnam work permit exemption is available to issue for board of directors’ members such as managers, chief executive officers, chairperson, etc. depending on kinds of their company in Vietnam. Additionally, these foreign directors and managers only hold their positions in Vietnam for a period of under 30 days and an accumulated working period of less than 3 months per year. The most important point is the Vietnam work permit exemption is not automatically applied to board of directors’ members but they are required preparing documents proving they meet all qualifications of Vietnam work permit exemption. This article will become a helpful guideline for members of board of directors to get work permit exemption legally in Vietnam.

CONDITIONS FOR BOARD OF DIRECTORS TO GET VIETNAM WORK PERMIT EXEMPTION
Before jumping to the procedure of issuance the Vietnam work permit exemption, foreign members of board of directors in Vietnam should comply with some conditions as mentioned below:

Managers: the manager of the company or manager of private company, who is either an owner of a private company, a general partner, the Chairpersons of the Board of members, a member of the Board of members, the company's President, the Chairperson of the Board of Directors, a member of the Board of Directors, the Director/General Director, or a person holding another managerial position who is entitled to enter into the company’s transactions on behalf of the company according to the company’s charter, or heads and deputy heads of an agency or an organization;

Chief Executive Officers who are the heads who directly manage subordinate units of agencies, organizations or enterprises.
The companies of board of directors should be joint-stock companies;
Managers or chief executive officers hold the positions for a period of under 30 days and an accumulated working period of under 3 months/ year in Vietnam;
Being internally reassigned in the companies engaging in 11 service industries in the Vietnam’s WTO commitments on services, which comprise: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation.

IMPORTANT DOCUMENTS FOR BOARD OF DIRECTORS TO GET VIETNAM WORK PERMIT EXEMPTION
As a substitute for applying for Vietnam work permit, foreign managers and CEOs satisfying the conditions above, should prepare their application dossier for Vietnam work permit exemption and get it certified by the local Department of Labor, Invalid and Social Affairs. The action should be doneat least a week (working days only) before the date members of board of directors start to work. A dossier for Vietnam work permit exemption includes these important documents:

A written request for Vietnam work permit exemption;
Profile of the board of directors’ memberincluding full name, age, sex, nationality, number of passport, start date and end date of employment, job placement;
Proof of acceptability for Vietnam work permit exemption consists of 1 photocopy to be collated with the original or 1 certified copy. Foreign papers are exempt from consular legalization, but must be translated into Vietnamese and certified in accordance with regulations of Viet Nam;
Documents related to the foreign enterprises such as investment license, business registration certificate, establishment licenses (for headquarters or branches);
Notarized true copy of the passport;

OTHER INFORMATION RELATED TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD

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CAN BOARD OF DIRECTORS GET VIETNAM WORK PERMIT EXEMPTION?

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