Instructions on the process of revoking work permits

Article overview

Revoking work permit is a process that helps businesses maintain legal compliance and protect the rights of both employees and employers. Properly implementing the work permit revocation process will help businesses minimize risks, protect reputation and ensure uninterrupted business operations. The article below 12 will provide specific information on cases of revocation and the process of revoking work permits.

Procedures for revoking work permit
Procedures for revoking work permit

In case the employer is allowed to hire foreign workers to work in Vietnam

Pursuant to Clause 1, Article 152 of the Labor Code 2019, the cases where employers are allowed to hire foreign workers to work in Vietnam are those hired to work in management, executive, and professional positions. Expertise and technical labor that Vietnamese workers cannot meet according to production and business needs.

When do foreign workers have their work permits revoked?

Pursuant to Article 20 of Decree 152/2020/ND-CP, Article 156 of the Labor Code 2019, cases where foreign workers have their work permits revoked are:

  1. Work permit expires:
  • Expiration of work permit.
  • Terminate labor contract.
  • The content of the labor contract does not match the work permit.
  • Working inconsistently with the content of the work permit.
  • Contracts in these fields expire or are terminated.
  • There is an announcement from the foreign side about stopping sending workers to Vietnam.
  • Enterprises and organizations using foreign workers in Vietnam terminate their operations.
  1. The employer or foreign worker fails to comply with the provisions of this Decree.
  2. Foreign workers do not comply with Vietnamese law, affecting security, order and social safety.
In case foreign workers have their work permits revoked
In case foreign workers have their work permits revoked

Steps to revoke work permit

Pursuant to Article 21 of Decree 152/2020/ND-CP, the process for revoking work permits includes:

Case 1: Revoking work permit when it expires (Clause 1, Article 20, Decree 152/2020/ND-CP).

Implementation time: Within 15 days from the date the work permit expires.

Implementer: Employer.

Work to be done:

  • Step 1: Revoking work permits of foreign workers.
  • Step 2: Return the work permit to the Ministry of Labor, War Invalids and Social Affairs (or the Department of Labor, War Invalids and Social Affairs) that issued the permit. Attached is a document clearly stating the reason for revocation and in case the work permit cannot be revoked.

Case 2: Revoking work permit when violating regulations (Clause 2 and 3, Article 20 of Decree 152/2020/ND-CP).

Implementation time: According to the process implemented by the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs.

Implementer: Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs.

Work to be done:

  • Step 1: The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs issues a decision to revoke the work permit (according to Form No. 13/PLI).
  • Step 2: Notify the employer about the revocation of the work permit.
  • Step 3: The employer revokes the foreign worker’s work permit and returns it to the competent authority that issued it.

After the process of revoking work permit of a foreign employee and submitting it to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs, these agencies will issue a confirmation document regarding the revoking of the work permit within 5 working days from the date of receiving the revoked work permit. This document will then be sent to the employer.

Consequences when the work permit is revoked

When work permits are revoked, foreign workers will no longer be eligible to work in Vietnam. Specifically, the consequences include:

  • Termination of work rights: Foreign workers will not be allowed to continue working in Vietnam since their work permit is revoked.
  • Prohibition of labor activities: Workers cannot continue to work for any organization or business in Vietnam without a valid work permit.
  • Possibility of deportation: In case of not having a valid work permit, foreign workers may be required to leave Vietnam and not have their visas extended, or may be deported if they violate regulations.
  • Risks for employers: Businesses employing foreign workers without a valid work permit may be subject to administrative penalties, suspension of operations, or required to complete additional procedures to comply with regulations.
Some consequences when a work permit is revoked
Some consequences when a work permit is revoked

Consulting services and support for the process of revoking work permits in Vietnam

Services related to work permit revocation at Long Phan include:

  • Consulting on work permit cases;
  • Instructions on procedures for revoking work permits;
  • Update regulations on foreign workers;
  • Consulting on the consequences of work permit revocation for employees and employers;
  • Consulting on solutions when having a work permit revoked;
  • Consulting and answering issues related to foreign workers.

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Long Phan commits to accompany you throughout the process of revoking work permit, ensuring all procedures go smoothly, saving time and effort. If you are having difficulty revoking work permit, do not hesitate to contact Long Phan immediately via the hotline: 0906735386 for timely advice and support.