Penalties for using foreign workers without a permit

Article overview

Employing foreign workers without a permit in Vietnam will be strictly punished according to the provisions of Vietnamese law. These regulations not only detail the level of penalties but also clearly define the responsibilities for both employees and employers when there are violations. In the article below, Long Phan will clarify the regulations and penalties for using foreign workers without a permit.

Penalties for using foreign workers without a permit
Penalties for using foreign workers without a permit

Conditions for foreign workers to work in Vietnam

According to Article 151 of the Labor Code 2019, foreign workers who want to work legally in Vietnam must meet the following conditions:

  • Be 18 years old or older and have full civil act capacity according to the provisions of law.
  • Have appropriate professional qualifications, skills, or work experience.
  • Ensure health according to requirements of the Ministry of Health.
  • Do not fall into the cases of being prosecuted for criminal liability, have not yet had your criminal record erased, or are currently serving a sentence.
  • Have a work permit issued by a competent state agency, except for some special cases as prescribed in Article 154 of the Labor Code 2019.

Cases where the work permit expires

Work permits of foreigners working in Vietnam may expire in the following cases, according to the law:

  • Expired work permit: When the expired work permit has been issued, the employee needs to carry out procedures to extend or re-issue the work permit if he/she continues to work in Vietnam.
  • Termination of labor contract: When the labor contract between the employee and the employer ends, the work permit also loses its validity.
  • The content of the labor contract does not match the work permit: If the content of the labor contract does not match the information in the issued work permit, the work permit will no longer be valid.
  • Working inconsistently with the contents of the work permit: Foreign workers must perform the work and conditions stated in the work permit. If there is a change without updating, the work permit will expire.
  • Labor contracts expire or terminate in relevant fields: Some fields or fixed-term labor contracts will result in the work permit expiring when the contract expires or is terminated.
  • Notice from the foreign party to stop sending workers: If the foreign party has a written notice to stop sending workers to work in Vietnam, the work permit will no longer be valid.
  • Enterprises and organizations terminate operations: When a business or organization in Vietnam or a foreign organization in Vietnam ceases operations, the employee’s work permit will also expire.
  • Revoked work permit: In some cases, the work permit may be revoked by the competent authority, resulting in the employee no longer being eligible to work legally in Vietnam.

CSPL: Article 156 of the Labor Code 2019.

Penalties for not having a work permit
Penalties for not having a work permit

Regulations on penalties for using foreign workers without a permit

For foreign workers

According to the provisions of Clauses 3 and 5, Article 32 of Decree 12/2022/ND-CP, foreign workers working in Vietnam without a work permit will be punished as follows:

  • Fine from 15 million to 25 million VND.
  • In addition to being fined, workers can also be forced to leave or deported from Vietnam.

For employers

According to the provisions of Clause 4, Article 32 of Decree 12/2022/ND-CP, employers who employ foreign workers without a permit will be fined according to the severity of the violation and the quantity. Foreign workers without a permit. Specifically:

  • From 01 to 10 employees: Fine from 30 million to 45 million VND.
  • From 11 to 20 workers: Fine from 45 million to 60 million VND.
  • From 21 employees or more: Fine from 60 million to 75 million VND.

In case of violation by an organization, the fine will be double the fine for individuals, from 60 million to 150 million VND (according to Clause 1, Article 6 of Decree 12/2022/ND-CP).

These penalties will be applied if the employer does not have a valid work permit or if the work permit has expired and the employee continues to work.

Consulting on issuing work permits for foreigners in Long Phan

Long Phan provides consulting services and support for work permit issuance for foreigners working in Vietnam. With a team of experienced consultants, Long Phan provides services including:

  • Consulting on conditions for foreign workers to be granted work permits in Vietnam.
  • Check and confirm the validity of the work permit application.
  • Consulting and detailed guidance on the process of applying for a work permit.
  • Consulting on cases where foreigners do not need a work permit when working in Vietnam.
  • Support in preparing dossiers to re-issue or extend work permits when the permit expires or there is a change in information.
  • Consulting on special work permit cases such as foreign workers working on large projects, licensing high-tech workers, or occupations with special requirements.
  • Support in resolving disputes and complaints related to work permits.
  • Representing clients in applying for work permits.
Consulting on procedures for applying for a work permit
Consulting on procedures for applying for a work permit

Employing foreign workers without a permit is a violation of the law and may result in serious penalties. To avoid high fines and risks, customers need to ensure that all foreign workers have valid work permits and comply with regulations on renewal and re-issuance of work permits. If you need advice or support, please contact Long Phan via the hotline 0906735386 for detailed support and appropriate solutions.