Mai Phuong, a Vietnamese citizen, recently married her German husband early this year. Her husband currently works for a technology company in Singapore.
He recently received a two-year project manager job offer from a foreign enterprise with an office in TP HCM. The company stated they would assist with the necessary labor procedures.
However, Mai Phuong's research suggests that foreign individuals married to Vietnamese citizens and residing in Vietnam are exempt from work permits. This contradicts the enterprise's statement that her husband would still need to complete foreign labor-related documents before starting work.
Seeking legal clarification, Mai Phuong posed the following questions:
1. Is her husband required to obtain a work permit if he moves to Vietnam for work after marrying a Vietnamese citizen?
2. If he is exempt from a work permit, does the enterprise still need to complete any procedures with foreign labor management authorities?
3. Can a foreigner holding a temporary residence card based on marriage work as freely in Vietnam as a Vietnamese citizen?
Lawyer Dang Thi Thuy Huyen provides the following advice:
1. Foreigners married to Vietnamese citizens are exempt from work permits.
According to clause 8, Article 154 of the Bo luat Lao dong 2019 and Article 7 of Nghi dinh 152/2020, foreigners married to Vietnamese citizens and residing in Vietnam are exempt from work permit requirements. Therefore, Mai Phuong's German husband, having married her and planning to reside in Vietnam, will not need to apply for a work permit when working here.
2. Enterprises must still complete procedures with labor authorities.
Despite the work permit exemption, enterprises employing foreign workers must still complete procedures to confirm that the employee is not subject to work permit requirements. As per clauses 2 and 3, Article 8 of Nghi dinh 152/2020, as amended by Nghi dinh 70/2023, the enterprise must submit a request to the Bo Noi vu or So Noi vu where the employee plans to work. This request must be submitted at least 10 days before the start date of employment.
The required dossier includes: a request form for confirmation, a health certificate, a document approving the demand for foreign labor (if applicable), a copy of a valid passport, and other documents proving the employee's eligibility for work permit exemption. Documents issued by foreign authorities must undergo consular legalization, be translated into Vietnamese, and notarized as required, unless exempted.
3. Foreigners cannot work as freely as Vietnamese citizens.
A temporary residence card based on marriage confirms a foreigner's legal residency in Vietnam and is one of the conditions for work permit exemption. However, Vietnamese law still considers foreigners a specialized labor group, subject to separate management regarding immigration, residence, and foreign labor utilization.
Consequently, even with more favorable conditions compared to general foreign workers, they cannot work as freely as Vietnamese citizens. Foreign employees must still sign a legal labor contract, declare residence, and comply with specialized regulations if working in conditional sectors. Some conditional sectors may restrict foreigners, such as those related to security and national defense. In certain cases, foreign employees exempt from work permits are still required to participate in mandatory social insurance as stipulated by Vietnamese law.
Lawyer Dang Thi Thuy Huyen
HPL Law Firm and Associates
