Photo: Collected

In this day and age, with the prevalence of advanced technologies and work-from-home practices back during the Covid-19 pandemic, employees can work across the globe from their company with ease. For example, a Customer Service team in one Vietnam inbound travel company will need to be of reach 24/24 to support foreign customers who live in different time zones. Therefore, they hire people working online from the US, China, Singapore, etc to achieve efficiency and low budget.

According to Article 151 of the Labor Code 2019, foreign workers working in Vietnam must have a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of this Law.

What about foreign workers who work for businesses based in Vietnam in the form of online and do not enter Vietnam, do they have to apply for a work permit?

The answer is NO. Since they do not enter Vietnam and work physically in Vietnam, they are not required to get a Work Permit. 

Article 154. Work permit exemption for foreign employees in Vietnam

“1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.

2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.

3. Is the manager of a representative office, project, or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.

4. Enters Vietnam for a period of fewer than 03 months to do marketing of a service.

5. Enters Vietnam for a period of fewer than 03 months to resolve complicated technical or technological issues which (i) affects or threatens to affect the business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

8. Gets married to a Vietnamese citizen and wishes to reside in Vietnam.

9. Other circumstances specified by the Government.”