Work Permit Exceptions. I need help interpreting 'internal transfers'

So I think I can partly answer my own questions now, perhaps correctly but probably not!

I am very curious about how a Visa is obtained if Exempt from requiring a Work Permit.  Is anyone here in that situation?

I would REALLY like some knowledgable feedback on the post above and content below.


1) Where a work permit is not compulsory, a notice must be submitted seven days in advance to the provincial MoLISA prior to working in Vietnam.

2) The business activity (and I’m not clear if it’s just the Vietnamese arm, or the entire Enterprise, that must conform) must be included in the list of 'commitments' as defined with CPC (Central Product Classification) codes listed in Vietnam's Market Access Commitments to the WTO — e.g. CPC-842 Software Implementation Services.

3) An employee specialist or manager, transferred internally within an enterprise to its Vietnam office, who has worked for the enterprise for more than a year, doesn't need a work permit with some conditions as below:

Managers, executives and specialists, as defined hereunder, of a foreign enterprise which has established a commercial presence in the territory of Viet Nam, temporarily moving as intra-corporate transferees to that commercial presence and who have been previously employed by the foreign enterprise for at least one year, shall be granted entry and a stay permit for an initial period of three years which may be extended subject to the term of operation of those entities in Viet Nam.

At least 20% of the total number of managers, executives and specialists shall be Vietnamese nationals. However, a minimum of 3 non-Vietnamese managers, executives and specialists shall be permitted per enterprise.

Specialists are natural persons working within an organization who possess knowledge at an advanced level of expertise and with knowledge of the organization's services, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the commercial presence, but also of whether the person has a high level of skills or qualification referring to a type of work or trade requiring specific technical knowledge. Specialists may include, but are not limited to, members of licensed professions.

Sources:
https://www.vietnam-briefing.com/news/v … ures.html/https://docs.wto.org/dol2fe/Pages/FE_Se … List=64776https://www.wto.org/english/tratop_e/serv_e/w45.doc

Hey KB,

Have you or your company consulted with an attorney? It seems a bit risky to ask for opinions about a legal matter that can cost you money and time if you don't have the correct advice.