VIETNAM – Certain ICTs May Apply to be Exempt from Work Permit Requirement
Work permit exemptions are now available to certain highly skilled intra-company transfers (ICTs). Foreign workers who hold managerial positions or are considered experts, specialists, or technicians in their field are eligible to apply for an exemption. The applicant must have been employed at a related foreign company for a minimum of one year prior to their secondment to Vietnam. Additionally, the Vietnamese company must be in one of 11 service sectors specified in Vietnam’s World Trade Organization commitment, which are the following: business; communications; construction and engineering; distribution; education; the environment; finances; health and social work; tourism and travel; recreation, culture and sport; and transportation. Applications for exemptions still require all documents issued in a foreign language to be notarized and translated into Vietnamese, however, consular legalization is not required. Applications for exemptions are to be filed at provincial offices of the Department of Labor, Invalids, and Social Affairs. If an application has been rejected, the applicant may file an appeal at the Ministry of Industry and Trade. A response to the request for an appeal will be received within five business days. Some delays are expected during the work permit exemption program’s initial implementation.