Work permit exemption for foreign laborer transferring internally within an enterprise in eleven services of Vietnam.

 Pursuant to Point a sub-article 7.2 of Decree 102/2013/NĐ-CP, Vietnam Ministry of Industry and Trade has issued Circular No. 41/2014/TT-BCT dated November 5, 2014 regulating the work permit exemption for foreign laborers transferring internally within an enterprise which has established a commercial presence within the territory of Vietnam, within the eleven services of of Commitments on Services of Vietnam with WTO and when they were recruited foreign enterprises at least 12 months before being sent to Vietnam to work.

Work permit exemption for foreign laborer transferring internally within an enterprise in eleven services of Vietnam.

 Work permit exemption for foreign laborers as a manager, executive director, expert transferring internally an foreign enterprise which has established a commercial presence within the territory of Vietnam and within the scope of the List of Commitments on Services of Vietnam with WTO comprising these eleven (11) following services:

1. Business Services: a. Professional services (legal, accounting, auditing and bookkeeping, tax, architecture, technical consulting, sync technical consulting, urban planning and urban landscape architecture); b. Computer services and related services; c. Research and development services; d. Aircraft leasing services; e. Other business services (advertising, market research, management consultancy, analysis and testing techniques, services related to agriculture, hunting and forestry, mining services and services related to manufacturing, service-related scientific and technical consulting, service of repair and maintenance of machinery and equipment).

2. The information services: a. the delivery services; b. Telecommunications services; c. Audiovisual (film production, film distribution, film, sound recording).

3. Construction services and related technical services

4. Distribution services: a. commission agents; b. wholesale services; c. Retail services; d. franchise services.

5. Education services

6. Environmental services

7. Financial services: a. Insurance; b. Bank; c. stock

8. Medical health services

9. Tourist services and related services

10. Culture and entertainment services

11. Transportation services

For foreign laborer as technician transferring internally an enterprise within above eleven services of Vietnam with a limited scope is also exempt from the work permit.

Commercial presence includes the following forms: a) the business cooperation contract; b) Joint venture enterprises, enterprises with 100% foreign capital; c) representative offices and branches of foreign companies.

Foreign laborer transferring internally within an enterprise in eleven services of Commitments on Services of Vietnam with WTO shall implement procedures for certification of work permit exemption.

Employers shall send an application directly to the Department of Labor-Invalids and Social Affairs on the request for certification of work permit exemption for foreign laborer on Form 10 in connection with Circular No.03/2014/TT-BLDTBXH, together with following documents proving that foreign laborer transferring internally within an enterprise in eleven services being exempt for worker permit:

 a) Letter of appointment of foreign enterprises to work in Vietnam, in which specifies working duration;
 b) Employment certification as a manager, executive director, expert or technician;
 c) Documents evidencing that the foreign laborers were recruited by foreign enterprises at least 12 months before being sent to Vietnam to work.

 The documents specified at points a, b and c above is a (01) the original or a (01) copies, if foreign language, it is exempt from consular legalization but must be translated into Vietnamese and authenticated in accordance with the law of Vietnam;

 d) Document proving the commercial presence of foreign enterprises in the territory of Vietnam is one of the following documents: investment licenses, investment certificate, certificate of business registration, certificate business registration, license of the establishment of representative offices and branches by the competent authority in accordance with the law of Vietnam (one (01) authenticated copy).

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