Work Permit Exemption for Some Intracompany Transferees
January 31, 2015
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Intracompany transferees in certain industries are eligible to apply for an exemption from work permit requirements, according to a circular released by the Ministry of Industry and Trade. The exemption took effect on December 22, 2014, although it may not be fully applicable in certain locations during the implementation phase.
The exemption is available to intracompany transferees that are managers, specialists or technicians who have worked at a foreign company for at least one year prior to transfer to a Vietnamese company. The applicant must also work for a Vietnam-based company whose operations appear under one of the following industries (among others) in the Ministry of Industry and Trade’s list of industry sectors and subsectors:
- Business services;
- Communications services;
- Construction and related engineering services;
- Distribution services;
- Educational services;
- Environmental services;
- Financial services;
- Health and social services;
- Tourism and travel services;
- Recreational, cultural and sporting services; and
- Transportation services.
Although the exemption took effect on December 22, 2014, its full implementation may be delayed in some provinces of Vietnam and exemptions may not be approved immediately. The local labor authorities maintain discretion over documentary requirements and the maximum duration of exempt foreign nationals’ assignments (i.e. two years, as for a regular work permit).
Exemption Application Process and Documentary Requirements
Applications for the exemption are submitted to the Ministry of Labor, Invalids and Social Affairs (MOLISA). The MOLISA will evaluate whether the applicant meets the criteria above, but will not consider additional labor market factors. Rejections can be appealed through the MOLISA. The Ministry of Industry and Trade may serve as a secondary approval agency to confirm whether the Vietnam-based entity’s operation is within the eligible service sectors.
Foreign documents do not need to be legalized but must be notarized and translated into Vietnamese in accordance with Vietnamese law.
What This Means for Employers and Foreign Nationals
When and if the exemption is applied, eligible intracompany transferees in Vietnam and their employers should benefit from a more streamlined onboarding process.
Applicants should contact their immigration professional to discuss eligibility and the authentication procedures for foreign documents.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
