Application for Confirmation of Exemption from Work Permit Requirements for Foreign Workers in Viet Nam

Foreign workers working in Viet Nam, depending on their job positions and forms of employment, must complete the procedures for applying for a Work Permit (WP) or a Certificate of Work Permit Exemption (CWPE) before commencing work; in certain specific cases, only a notification to the competent authority is required without the need to apply for a WP or a CWPE. Incorrect determination of the applicable category, incomplete dossiers, or dossiers that are invalid in form are common causes of dossiers being refused or of prolonged processing time.

Classification of procedures

Certificate of Confirmation of Exemption from Work Permit (CWPE)

The following cases of foreign workers working in Viet Nam who are not subject to the issuance of a work permit must apply for a CWPE:

Foreign workers who are managers, executive directors, experts, or technical workers: in the case of intra-corporate transferees in the eleven (11) service sectors under Viet Nam’s WTO commitments schedule, who have been continuously employed for at least twelve (12) months prior to entering Viet Nam;
Heads of representative offices or projects, or persons bearing primary responsibility for the operations of international organizations or foreign non-governmental organizations in Viet Nam;
Cases provided for by international treaties to which the Socialist Republic of Viet Nam is a member.

Notification (Exemption from WP and CWPE)

The cases in which it is not necessary to carry out the procedures for issuance of a Certificate of Work Permit Exemption, but in which notification to the competent authority is required, include:

An owner or capital-contributing member of a limited liability company, or the Chairperson or a member of the Board of Directors of a joint stock company, with a capital contribution value of three (03) billion Vietnamese dong or more;
A foreigner who is married to a Vietnamese citizen and resides in the territory of Viet Nam;
A person responsible for establishing a commercial presence;
A foreign worker who is a manager, executive director, expert, or technical worker entering Viet Nam to work for a total period of fewer than ninety (90) days in one (01) year, calculated from 1 January to the last day of that year;

Process

Detailed Description

Step 1

Prepare the application dossier for the CWPE and submit it within a period of sixty (60) days, but not less than ten (10) days, prior to the date on which the foreign worker is expected to commence work.

Method of submission: online via the National Public Service Portal of the locality where the foreign worker is expected to work.

Step 2

Within five (05) working days from the date of receipt of a complete dossier, the competent authority shall examine the dossier and issue the Certificate.

Where the application is refused, the competent authority shall issue a written response stating the reasons clearly within three (03) working days.

Note: A CWPE has a term determined on one of the bases prescribed in Article 21 of Decree No. 219/2025/ND-CP, but not exceeding two (02) years.

List of Documents

Application dossier for the initial issuance of a Certificate of Work Permit Exemption (CWPE)

A written request for the issuance of the CWPE;
A health certificate issued by a qualified medical examination and treatment establishment (valid for twelve (12) months);
A color photograph measuring 4 cm x 6 cm, with a white background, facing straight ahead, bareheaded, and without glasses;
A valid passport;
Documents proving that the foreign worker is not subject to the Work Permit requirement (a document of a competent authority; a document of the employer abroad that dispatches the foreign worker, accompanied by an agreement or international treaty; or documents proving that the worker is a manager, executive director, expert, or technical worker, accompanied by a written confirmation of continuous employment for at least twelve (12) months prior to entering Viet Nam, as applicable to each specific case);
A power of attorney for submission of the dossier (if applicable).

Content of the notification for cases requiring only notification, without the need to apply for a WP or CWPE

The notification must be sent at least three (03) working days prior to the date on which the foreign worker commences work, and must contain the following basic information: full name; date of birth; nationality; passport number; name of the employer; place of work and duration of work, accompanied by documents proving that the worker falls within the exempted category.

Important notes when preparing documents

Documents in the dossier for the issuance, re-issuance, or extension of a work permit and of a certificate of work permit exemption for foreign workers, if issued by a foreign country, must be consularly legalized, except where exempted from consular legalization under an international treaty to which both the Socialist Republic of Viet Nam and the relevant foreign country are parties, or on the principle of reciprocity, or as provided by law;
Documents that have been consularly legalized must be translated into Vietnamese, and the translation must be notarized or certified in accordance with the law. Where a document is a copy, it must be certified as a true copy of the original before being translated into Vietnamese, and the translation must then be notarized or certified in accordance with the law.
Where the dossier is submitted online, all documents in the dossier must be digitally signed, except for the 4 cm x 6 cm color photograph of the foreign worker.

COMMITMENT TO SERVICES

On time

All that we do will be planned specifically in terms of time and content. You can control what we do, and the time to completion, and in all cases, we help you maintain the enterprise’s compliance with the deadlines with competent authorities and employees.

Exactly

We commit to the accuracy of the contents of consultation, established documents, and services we provide to customers. We aim to provide you with a safe and effective legal solution for your business operations.

Security

We establish a confidentiality commitment with you, so information about the enterprise, human resources, finance, etc., and other contents related to enterprises and investors will only be disclosed with your consent or in accordance with the laws of Vietnam.

SERVICE PERFORMANCE PROCESS

Assign

CDLAF assigns designated personnel responsible for ensuring information security, ensuring that only assigned individuals have the right to access information and handle client communication.

Collect information and prepare the service contents

Assigned personnel are responsible for collecting clients information, reviewing regulations and preparing service content.

Control the quality

The Board of Lawyers and Counsels reviews the service content prepared by the assigned personnel before it is sent to clients for their review.

Clients’ approval

Clients review and approve the service content prepared by CDLAF. When requested, meetings are held to explain the prepared content.

Completion

Personnel responsible for service completion directly implement it at the competent authority (if required). They also monitor the progress, report the results, and hand them over to clients.

After-service support

Guide clients to perform necessary tasks related to the delivered results and provide updates on changes in legal regulations.

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FAQ QUESTIONS: Application for Confirmation of Exemption from Work Permit Requirements for Foreign Workers in Viet Nam

What are “civil cryptographic products” and “civil cryptographic services”?

Civil cryptographic products: These are hardware, software, documents, technical equipment, and cryptographic professional equipment designed and manufactured to protect information.

Civil cryptographic services: These comprise information protection services using civil cryptographic products; civil cryptographic product assessment services; and security and cybersecurity consulting services using civil cryptographic products.

Must foreign enterprises providing services in Viet Nam store data in Viet Nam?

Yes. The law provides that domestic and foreign enterprises providing services on telecommunications networks, the Internet, and value-added services in cyberspace in Viet Nam, if they engage in the collection, exploitation, analsys, or processing of the categories of data within the scope prescribed by the Law, may be required to store such data in Viet Nam for a period prescribed by the Government.

Is the provision of cybersecurity inspection and assessment service a conditional business line?

Yes. The Law lists “cybersecurity inspection and assessment services” within the group of cybersecurity services. In addition, there are other services such as information security using civil cryptography, civil cryptography, cybersecurity consulting, cybersecurity monitoring, incident response, data recover, cyberattack prevention and combat, and other cybersecurity services.

According to Article 29, enterprises trading in cyber security products and services must have a license to trade in cyber security products and services, and at the same time must meet the responsibilities of maintaining business conditions, service quality, confidentiality of customer information, managing records and coordinating with specialized forces when required.

Why are civil cryptographic products required to be inspected, certified and declared conformity before commercial circulation?

Mandatory requirements: Civil cryptography products must be inspected and certified for conformity before being circulated on the market to ensure the quality of cryptography meets standards

Management mechanism: The Government Cipher Committee is responsible for managing the quality of civil cryptography products and services through the appointment and management of activities of civil cryptography conformity assessment and certification organizations

This helps protect end users from products that contain dangerous encryption vulnerabilities or are installed with spyware and protect national security in cyberspace.

What are the necessary and sufficient conditions for an enterprise to be granted a license to export and import civil cryptographic products?

According to Article 10, Clause 1, the enterprise must fully meet the following 03 mandatory conditions:

Having a valid license to trade in corresponding civil cryptographic products and services.
Imported civil cryptographic products must be certified and declared technical-regulation conformity according to Vietnamese technical standards.
The objects to which the products are transferred and the purpose of using these civil cryptographic products do not harm national defense and security and social order and safety.