Time at Vietnam (UTC+07:00) 03:56:26 PM, Sunday, 26 May 2024
Penalties on Working Without Work Permit in Vietnam for foreigners

Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio-economic in recent years.

♦  To meet the demand for highly qualified labor recruitment of enterprises, more and more companies hire foreign workers for specific positions that might lack human resources within Vietnam territory.

♦  A foreign citizen wishing to work in Vietnam must fully meet the following conditions:
- Possessing full civil act capacity;
- Possessing technical and professional qualifications and skills and health appropriate to the work requirement;
- Not being a criminal or subject to penal liability examination according to Vietnamese and foreign laws;
- Possessing a work permit granted by a competent Vietnamese state agency, except the cases specified in Labor Code.
 

♦  Therefore, based on regulations of the Labor Code of Vietnam, except for the foreign citizens exempted from work permit investor of a company established in Vietnam, all of the cases the foreign citizens wishing to work in Vietnam shall be subject to work permit application. A foreign employee shall produce his/her work permit when carrying out immigration procedures or upon request of a competent state agency.

♦  In case foreign citizens who DO NOT belong to work permit exemption being found working in Vietnam without work permits, that person shall be considered a violation of the law of Vietnam. In addition, the employer that uses the violated employee without a work permit shall be punished accordingly.

1. Penalties on Working Without Work Permit in Vietnam for employees: 
Pursuant to the provisions of Clause 3, Article 32 of Decree 12/2022/ND-CP on administrative sanctions in the field of labor, foreign workers will be subject to administrative sanctions as follows:
➨ Fine from 15,000,000 VND to 20,000,000 VND for the following violations:
No work permit or no written confirmation of eligibility for work permit exemption according to regulations;
Use a work permit or document confirming your eligibility for an expired work permit exemption.
➨ Additional penalty: Foreign workers will be forced to leave the country or be deported according to the provisions of law on entry, exit, transit, and residence of foreigners in Vietnam. 
 
2. Penalties on Working Without Work Permit in Vietnam for employers: 
Employers who employ foreign workers in Vietnam without work permits or certificates of exemption from work permits, or employ foreign workers using expired work permits shall be implied:
            ➨ A fine from VND 1,000,000 to VND 3,000,000 if employers fail to report or reporting the wrong content or time limit on the situation of using foreign workers to competent state agencies
            ➨ A fine from VND 30,000,000 to VND 45,000,000 if the violation involves 01 – 10 workers;
            ➨ A fine From VND 45,000,000 to VND 60,000,000 if the violation involves 11 – 20 workers;
            ➨ A fine From VND 60,000,000 to VND 75,000,000 if the violation involves more than 20 workers.