When do foreign workers have their work permits revoked?

The revocation of work permits for foreign workers is an important issue in labor management in Vietnam. When not complying with legal regulations, such as working in the wrong occupation or lacking an official labor contract, the work permit may be revoked. This not only affects personal rights but also affects the working environment and social security. Let’s find out with Long Phan the specific cases that lead to the revocation of work permits.

Conditions for foreign workers to work in Vietnam

According to Article 151 of the Labor Code 2019, foreign workers working in Vietnam must meet specific conditions, including:

• Age and capacity: Must be 18 years of age or older and have full civil capacity.
• Professional qualifications and health: Have professional qualifications, techniques, skills and work experience, and ensure adequate health according to the regulations of the Minister of Health.
• Legal background: Not a person who is serving a sentence or has not had his or her criminal record erased, nor is he or she being prosecuted for criminal liability under foreign or Vietnamese law.
• Work permit: Must have a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of the Labor Code.

Cases of foreign workers having their work permits revoked

According to Article 20 of Decree 152/2020/ND-CP, work permits are revoked in many cases. Specifically in the following cases:

1. The work permit expires according to the provisions of Clauses 1, 2, 3, 4, 5, 6 and 7, Article 156 of the Labor Code:

• Work permit expired.
• Terminate labor contract.
• The content of the labor contract does not match the content of the issued work permit.
• Working inconsistently with the contents of the issued work permit.
• Contracts in these fields are the basis for expired or terminated work permits.
• There is a written notice from the foreign party to stop sending foreign workers to work in Vietnam.
• Enterprises, organizations, Vietnamese partners or foreign organizations in Vietnam that employ foreign workers terminate their operations.

2. Employers or foreign workers do not comply with the regulations in Decree 152/2020/ND-CP.
3. Foreign workers, while working in Vietnam, do not comply with Vietnamese law, affecting security, order, and social safety.

Procedure for revoking work permits for foreign workers

For the cases specified in Clause 1, Article 20 of Decree 152/2020/ND-CP:

• Within 15 days from the date the work permit expires, the employer must revoke the foreign worker’s work permit.
• This revocation dossier will be submitted to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the license, along with a document stating the reasons for revocation, including cases where revocation is not possible.

For the cases specified in Clauses 2 and 3, Article 20 of Decree 152/2020/ND-CP:

• The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the work permit will issue a decision to revoke the work permit.
• Attached is a notice to the employer to revoke the foreign worker’s work permit and return it to the licensing agency.

Confirmation of withdrawal:

• Within 05 working days from the date of receipt of the revoked work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall send a document confirming the revocation of the work permit to the employer.

Consulting services for solutions when foreign workers have their work permits revoked

To help you when your license is revoked, Long Phan’s consulting service is committed to providing effective and dedicated solutions. Related services that Long Phan provides include:

• Consulting on regulations and laws related to work permits.
• Support you in making an appeal if you do not agree with the revocation decision.
• Consulting on procedures to re-issue a work permit.
• Check the validity of the labor contract to ensure there are no violations of regulations.
• Support you in applying for visas and legal residence documents in Vietnam.
• Support in resolving labor disputes in case of a dispute with the employer.

Having a work permit revoked for foreign workers can cause many difficulties for both workers and businesses. In such situations, consulting services will play an important role in finding a reasonable solution. With a team of experienced experts, Long Phan will accompany you throughout the problem-solving process. Please contact us immediately via the hotline: 0906735386 for detailed advice.