Work Permit in Vietnam – Regulations and Penalties for administrative violations

To avoid most of the issues and troubles, foreigners who wish to work in Vietnam must comply with the local regulations properly. In this article, you will have more information about regulation and penalties for administrative violations on Vietnam work permit.

Vietnam work permit is a compulsory document that foreigners must hold if they want to work in Vietnam for a long time. Some people are confused with many types of documents that they must prepare, so sometime they miss out. In case you work in Vietnam without work permit, you and your employer will get penalty. We hope this article with regulations on issuance of Vietnam work permit and cases of expulsion of foreigners working in Vietnam without work permits will be useful for both employers and employees.

Who need to get Vietnam work Permit?

Pursuant to the June 19, 2015 Law on Organization of the Government and the June 18, 2012 Labor Code, The Government promulgated the Decree detailing a number of articles of the Labor Code regarding foreign workers in Vietnam. According to the 11/2016/ND-CP Decree about Detailing a number of articles of the Labor Code, chapter 1, Article 2, regulated entities on regulations of Vietnam work permit regulated:

1. Foreign citizens who work in Vietnam (below referred to as foreign workers) in the following forms:

a/ Performing labor contracts;

b/ Being intra-corporate transferees;

c/ Implementing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, or health;

d/ Providing contractual services;

dd/ Offering services;

e/ Working for foreign non-governmental organizations or international organizations in Vietnam that are licensed to operate in accordance with Vietnamese law;

g/ Working as volunteers;

h/ Taking charge of establishing commercial presence;

i/ Working as managers, executives, specialists or technical workers;

k/ Participating in the performance of bidding packages and projects in Vietnam.

2. Employers of foreign workers, including:

a/ Enterprises operating in accordance with the Law on Enterprises, the Law on Investment, or treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ Foreign or domestic contractors participating in bidding or performing contracts;

c/ Representative offices and branches of enterprises, agencies or organizations established under licenses of competent agencies;

d/ State agencies, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, or socio-professional organizations;

dd/ Foreign non-governmental organizations or international organizations in Vietnam;

e/ Lawfully established non-business organizations;

g/ Vietnam-based offices of foreign projects or international organizations;

h/ Lawfully registered executive offices of foreign investors to business cooperation contracts or of foreign contractors;

i/ Organizations practicing law in Vietnam in accordance with law;

k/ Cooperatives and unions of cooperatives established and operating in accordance with the Law on Cooperatives;

l/ Lawfully established business societies and associations;

m/ Business households and individuals licensed to do business in accordance with law.

What are conditions for a foreign worker to be granted work permit?

According to Section 3, Article 9 of the Government’s Decree No. 11/2016/ND-CP dated on April 1th, 2016, Government regulated conditions for issuing the Vietnam work permit for foreigner workers as follow:

  • Having full civil act capacity as prescribed by law.

  • Being physically fit as required by his/her expected job.

  • Being a manager, an executive, a specialist or a technical worker.

  • Being neither criminally convicted nor examined for penal liability according to Vietnamese law or foreign law.

  • His/her employment has been approved in writing by a competent state agency.

Administrative violations against regulations on Vietnam work permit

Pursuant to Clause 15 Article 1 of the Government’s Decree No. 88/2015/ND-CP dated October 7, 2015, amending and supplementing a number of articles of the Government’s Decree No. 95/2013/ND-CP on penalties for administrative violations against regulations on employment, social insurance, social insurance, and Vietnamese guest workers:

1. A foreign worker in Vietnam who commits any of the following violations shall be expelled:

  • Working without a work permit as prescribed by law, except for those exempt from work permits;

  • Using an expired work permit.

2. An employer that fails to submit a report on employment of foreigners to the labor authority, or submits an insufficient report, or submits report behind schedule shall be subject to a fine of VND 1,000,000 - VND 2,000,000.

3 An employer who employs foreign workers in Vietnam without work permits or Vietnam work permit exemption certificates, or employs foreign workers using expired work permits shall be subject to a fine of:

  • VND 30,000,000 - VND 45,000,000 if the violation involves 01 – 10 workers;

  • VND 45,000,000 - VND 60,000,000 if the violation involves 11 – 20 workers;

  • VND 60,000,000 - VND 75,000,000 if the violation involves more than 20 workers.

4. Additional penalty: The employer who commits the violation mentioned shall have its operation suspended for 1 – 3 months.

So, as a foreign worker, do you want to work in Vietnam illegally without a valid work permit/work permit exemption certificate? As an employer, do you want to employ foreigners who have no valid work permits/work permit exemption certificates but cheap cost and more dangers?

If your answer is No, let us help you do Vietnam Work Permit, view more at: Fastest way to apply for Vietnam Working Visa and Work Permit for Foreigner

Visaonlinevietnam.com has been providing services for thousands of multinational companies and foreign representative offices in Vietnam, so we do guarantee you best interests and expectation in every services we do.

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