Question: I am an IT professional. Previously, I obtained worked permit from 2009 until 2012. After that, when my company apply for renewal in 2013, it was denied because few changes on the labor law of hiring foreigners. From that time, I was converted as technical consultant until now. I only have 3-month memorandum with them where duration of work is less than or equal to 3 months.

When I asked my HR Manager the reason for not trying working permit for me again and they said that they are prohibited by the government to hire expats because the type of business they belong with is “Doan Nghiep” or “Enterprise”.

Here is the following question I would like to have limelight;

1.Does an enterprise or “Doan nghiep” are really prohibited and expatriate?

2. Is my memorandum with less than or equal to 3 months is valid under working permit exemption?

3. It is legal to have 1-year DN visa while working here with 3-months memorandum and exit every time the memorandum expired?

Answer:

I am Lawyer of SB Law. I was entrusted to provide you legal advice regarding to the following issue:

1. Your information is too general. Then, we are not at the good position to advise you accurately. Do you mean “Doanh nghiep” or Enterprise? Could you let me know exact name of your company in Vietnam?

2. If you come into Vietnam less than 03 months for offering a service, you are exempted from work permit. Otherwise, you are still be required to obtain work permit.

3. Your DN Visa is generally granted based on the application dossier submitted to the Custom. Generally, Custom shall not grant you 1-year DN Visa if you have 03 months memorandum only.

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