Are foreigners who have tourist visas but come to Vietnam to work breaking the law? Foreigners who use tourist visas but come to Vietnam to work without a work permit, arrested by the police. When forced to return to their country, what are regulations on penalties for foreigners who have tourist visas but come to work in Vietnam? When can they return to Vietnam? These are questions related to foreigners who have tourist visas but come to work in Vietnam. Let us learn about this issue with LSX Law firm below:
Decree 167/2013/NĐ – CP
Decree 95/2013/NĐ – CP
Regulations on penalties for foreigners who have tourist visas but come to work in Vietnam:
Sanctions in Decree 167/2013/ND-CP specified in Article 17:
“2. A fine of between VND 500,000 and VND 2,000,000 shall be for one of the following acts:
a) Failing to immediately notify the competent authority of the loss; or damage of the passport; or other valuable papers instead of the passport; Vietnam visa, temporary residence card, or permanent residence card;
b) Erase, delete; correct or falsify the form and contents of the passport or other valid papers in place of a passport; visa, temporary residence card, and permanent residence card;
c) Making false statements in order to have passports, other valid papers instead of Vietnamese passports; visas, temporary residence cards, permanent residence cards, or valid papers for entry, exit, or residence in Vietnam;
d) Foreigners entering prohibited areas; or areas regulated by the State requiring a permit without a permit; or traveling beyond the permitted scope and time limit;
đ) Failing to present a passport or other valid papers instead of passport; or immigration-related papers at the request of Vietnamese authorities; failing to comply with other requirements of Vietnamese authorities on the inspection of people and luggage;
e) The foreigner fails to declare his/her temporary residence as prescribed or uses his/her temporary residence certificate, temporary residence card; or permanent residence card in Vietnam for 15 days or less without permission from a competent authority;
g) Allowing foreigners to stay overnight but failing to declare temporary residence; failing to instruct foreigners to declare temporary residence according to regulations; or failing to comply with other regulations of competent authorities….”
Violations against regulations on foreigners come to Vietnam to work without work permits
Also, according to the provisions of Decree 95/2013/ND-CP:
Article 22. Violations against regulations on foreigners working in Vietnam
1. Expulsion of foreign workers working in Vietnam commits one of the following acts:
a) Working without a work permit, except for cases not subject to a work permit;
b) Using an expired work permit.
2. Fines shall be on employers who employ foreign workers to work in Vietnam without a work permit; except for cases where they are not eligible for a work permit or use an expired work permit as prescribed:
a) From 30,000,000 VND to 45,000,000 VND when using from 01 to 10 people;
b) From 45,000,000 VND to 60,000,000 VND when using from 11 to 20 people;
c) From 60,000,000 VND to 75,000,000 VND when employing 21 people or more.
3. Additional sanction: Suspend the operation of the enterprise from 01 to 03 months for the violations; specified in Clause 2 of this Article.
Violating regulations and being forced to return home
“Article 21. Cases that have not been allowed to enter the country
1. Failing to meet the conditions specified in Clause 1, Article 20 of this Law.
2. Children under 14 years old are not accompanied by a parent, guardian, or authorized person.
3. Forging papers, making false declarations to have valid papers on entry, exit, and residence.
4. Persons suffering from mental illnesses or infectious diseases that pose a danger to public health.
5. Being expelled from Vietnam for less than 3 years from the effective date of the decision on expulsion.
6. Forced exit from Vietnam within 06 months from the effective date of the decision on forced exit.
7. For reasons of disease prevention and control.
8. Due to a natural disaster.
9. For reasons of national defense, security, social order, and safety.”
Therefore, no provision details of the deportation: How long will it be back? However, provisions in the law on entry, exit, transit; and residence of foreigners in Vietnam in 2014 do not permit entry if expelled less than 3 years. The time limit will be in the expulsion decision of the competent authority.
Finally, hope this article is helpful for you!
Conditions for foreign workers to work in Vietnam are specified in Article 151 of the Labor Code 2019 and guiding documents.
The work permit is proof that the foreign worker is eligible to work legally in Vietnam.