Decree No. 219/2025/ND-CP of the Government regulating foreign workers working in Vietnam clearly states the order and procedures for granting certificates of confirmation not subject to granting labor licenses to foreign workers working in Vietnam.
Article 9. Procedures for granting certificates of confirmation not subject to granting labor licenses
1. Within 60 days and no less than 10 days from the date the foreign employee plans to work, the employer shall submit a dossier requesting a certificate of confirmation not subject to a work permit directly or through the public postal service or through the hiring of services of enterprises and individuals or through authorization to the Public Administration Service Center in the locality where the foreign employee plans to work.
2. The local Public Administration Service Center, as prescribed by law, conducts administrative procedures according to the one-stop, one-stop mechanism at the one-stop department and the National Public Service Portal, and transfers the dossier to the competent authority issuing the certificate that is not subject to a work permit.
3. Within 5 working days from the date of receiving a complete application for a certificate of not being subject to a labor license, the competent authority issuing a certificate of not being subject to a labor license according to Form No. 2 of the Appendix issued with this Decree.
In case of not being granted a certificate of not being subject to a work permit, there must be a written response and a reason stated within 3 working days from the date of receipt of the complete application.
4. In the cases specified in Clauses 4, 5, 6 and 8, Article 154 of the Labor Code, specified in Clauses 2, 3, 5, 8, 10 and Point a, Clause 13, Article 7 of this Decree, it is not required to carry out procedures for granting a certificate of not being subject to a labor license, but must notify the competent authority issuing a certificate of not being subject to a labor license where the foreign employee is expected to work at least 3 working days before the date the foreign employee is expected to start working in Vietnam.
The notice includes the following basic contents: full name, date of birth, nationality, passport number, name of foreign employer, work location and working period.
5. In case a foreign employee has been granted a certificate of not being subject to a labor license and wants to work for that employer in many provinces and centrally run cities, the employer must notify the competent authority to issue a certificate of not being subject to a labor license where the foreign employee is expected to work at least 3 days before the expected working date.
The notice includes the following basic contents: Full name, date of birth, nationality, passport number, confirmation number not subject to issuance of a labor license, name of foreign employer, starting date and end date of work. The working period does not exceed the validity period of the certificate not subject to a issued labor license.
