Conditions for extension of work permits in Vietnam. How much is the fine for using expired work permits in Vietnam? Let us learn about this topic with LSX law firm as follow:
General information about work permits in Vietnam
A work permit is a legal document issued by a competent authority in Vietnam; allows foreigners to work legally in Vietnam.
In the license, it is clearly stated:
First, the specific information of the foreign worker’s name;
Secondly, enterprises in which foreigners work in Vietnam;
Thirdly, work address;
Fourthly, job position the employee undertakes, title, professional qualifications;
Finally, the duration of the work permit.
Conditions for extension of work permits in Vietnam
Foreign workers working in Vietnam under a work permit, if they fully satisfy the conditions specified in Article 16 of Decree 152/2020/ND-CP; may have their work permit extended if they need it, specifically. can be as follows:
– The issued work permit is still valid for at least 05 days but not more than 45 days.
– Competent agencies approve the demand for foreign workers specified in Article 4 or Article 5 of Decree 152/2020.
– Papers proving that the foreign worker continues to work for the employer according to the contents of the issued work permit.
Dossier of application for extension of work permits in Vietnam
Dossier of application for extension of a work permit includes:
Firstly, the employer’s written request for extension of the work permit, made according to Form No. 11/PLI, Appendix I issued together with Decree 152/2020.
Secondly, 02 color photos (size 4 cm x 6 cm, white background; straight face, bare head, not wearing colored glasses), photos taken within 06 months from the date of application submission.
Thirdly, a valid work permit has been issued.
Fourthly, written approval of the need to use foreign workers, except for cases where the need to employ foreign workers is not required.
Moreover, a certified copy of the passport is still valid as prescribed by law.
In addition, a health certificate or medical examination paper as prescribed in Clause 2, Article 9 of Decree 152/2020.
Also, one of the documents specified in Clause 8 Article 9 of Decree 152/2020 proves that the foreign worker continues to work for the employer according to the content of the issued work permit.
How much is the fine for using expired work permits in Vietnam?
According to current Vietnamese law, a work permit is valid for a maximum of 2 years. Therefore, when the term of the work permit expires and the time limit for extension of the work permit has expired, the penalty will be as follows:
Article 31. Violations against regulations on foreigners working in Vietnam
1. A fine of between VND 1,000,000 and 3,000,000 on the employer when committing one of the following acts:
a) Failing to report or reporting the contents and deadlines improperly on the employment of foreign workers at the request of the state management agency in charge of labor;
b) Failing to send a copy of the signed labor contract to the agency that has issued the work permit in case the foreign worker works under the form of a labor contract.
2. A fine of between VND 5,000,000 and 10,000,000 upon each employee; but not more than 75,000,000 VND for the employer whose act of using foreign workers is not under the content written on the work permit; or written confirmation of not being eligible for a work permit.
3. A fine of between VND 15,000,000 and VND 25,000,000 on foreign workers working in Vietnam who commit one of the following acts:
a) Working without a work permit or without a written confirmation of not being eligible for a work permit as prescribed by law;
b) Using an expired work permit or written confirmation that the work permit is not eligible.
4. Fines for employers who use foreign workers to work in Vietnam without work permits; or do not have a written confirmation that they are not eligible for a work permit; or employ a foreign worker whose work permit has expired or written confirmation of not being suitable for an expired work permit under one of the following levels:
a) From VND 30,000,000 to VND 45,000,000 for violations from 01 to 10 people;
b) A fine from 45,000,000 VND to 60,000,000 VND for violations from 11 to 20 people;
c) From 60,000,000 VND to 75,000,000 VND for violations of 21 or more people.
5. Additional sanctions
Expulsion of foreign workers working in Vietnam when working in Vietnam but without a work permit or without a written confirmation that they are not eligible for a work permit when violating the provisions of Clause 3 of this Article
Finally, hope this article about Conditions for extension of work permits in Vietnam is helpful for you!
Article 12 of Decree 152/2020/ND-CP stipulates cases of re-issuance of work permits as follows:
1. The valid work permit is lost.
2. The valid work permit is damaged.
3. Change of last name and surname, nationality, passport number, working location stated in the valid work permit.
Firstly, the work permit expires as prescribed in Clauses 1, 2, 3, 4, 5, 6 and 7 Article 156 of the Labor Code.
Secondly, employers or foreign workers fail to comply with the provisions of this Decree.
Thirdly, foreign workers in the process of working in Vietnam fail to comply with Vietnamese laws, affecting social security, order and safety.