Regarding the case where the employee worked at the previous company and applied for a work permit, they no longer work, and the term on the work permit remains. So, after leaving, can those employees use this work permit again? In which case Does the Competent Authority must revoke the work permit? Let us learn about this topic with LSX law firm as follow:
In which case does the Competent Authority must revoke the work permit?
As your case, this employee has quit working at the old company, which means that this employee terminates the labor contract under the Labor Code 2019, according to the provisions of Clause 1, Article 17 of the Labor Code. Decree No. 11/2016/ND-CP detailing the Labor Code for foreign workers working in Vietnam. Then your case is in the case of work permit revocation by the Competent Authority. As a result, that work permit expires and is no longer valid.
In addition, if the employee continues to work without a work permit, he will be forced to deport him according to the provisions of Article 18 of Decree No. 11/2016/ND-CP on the expulsion of foreign workers.
Labor contract relevant to the situation case the Competent Authority must revoke the work permit
Article 13 of the 2019 Labor Code provides for labor contracts.
Firstly, a labor contract is an agreement between an employee and an employer on paid jobs, wages, working conditions, rights, and obligations of each party in the labor relationship.
In case two parties agree by another name. Still, with contents showing paid employment, salary, and the management, administration, and supervision of one party, it shall be considered an employment contract.
In addition, before accepting employees to work, the employer must enter into a labor contract with the employee.”
Besides, the subjects of the labor contract include the employee and the employer. Inside:
– An employee is a person who is full 15 years of age or older, can work, works under a labor contract, is paid a salary, and is subject to the management and administration of the employer.
– An employee is a person who is full 15 years of age or older, can work, works under a labor contract, is paid a salary, and is subject to the management and administration of the employer. However, for each case, the law has its provisions.
Firstly, for foreigners working in enterprises and organizations in Vietnam: Article 151 of the Labor Code 2019
Secondly, Vietnamese employees working for foreign organizations and individuals in Vietnam: Article 168 of the Labor Code 2019.
Case the Competent Authority must revoke the work permit
According to Article 17 of Decree No. 11/2016/ND-CP detailing the Labor Code of foreign workers working in Vietnam, the case of revocation of work permits is as follows:
“Article 17. Revocation of work permit
Firstly, the work permit expires as prescribed in Clauses 1, 2, 3, 4, 5, 7, and 8 Article 174 of the Labor Code.
Secondly, the work permit is revoked because the employer or foreign worker fails to comply with the provisions of this Decree.
Thirdly, the order to revoke a work permit
a) For the case specified in Clause 1 of this Article, the employer shall revoke the foreign worker’s work permit and return it to the Department of Labor, War Invalids, and Social Affairs that has issued the work permit. ;
b) For the case specified in Clause 2 of this Article; then the Director of the Department of Labor, War Invalids and Social Affairs that has issued the work permit shall issue a decision on revocation and notify the employer to revoke the foreign worker’s work permit; and submit it to the Department of Labor – Invalids and Social Affairs;
c) The Department of Labor, War Invalids, and Social Affairs shall send a written confirmation that the work permit has been revoked to the employer.
In addition, the Ministry of Labor, War Invalids and Social Affairs shall detail procedures for revocation of work permits.”
In case the work permit expires
According to Article 156 of the 2019 Labor Code, the cases in which the work permit expires are as follows:
“Article 156. Cases in which a work permit expires
1. The work permit expires.
2. Termination of a labor contract.
3. The content of the labor contract is not consistent with the content of the issued work permit.
4. Working contrary to the contents of the issued work permit.
5. Contracts in the fields that are the basis of the work permits are expired or terminated.
6. There is a written notice of the foreign party to stop sending foreign workers to Vietnam.
7. Enterprises, organizations, Vietnamese partners, or foreign organizations in Vietnam employing foreigners cease to operate.
8. The work permit is revoked.”
Accordingly, in Decree 150/2020/ND-CP specified in Article 20 on cases of work permit revocation as follows:
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, while working in Vietnam, foreign workers fail to comply with Vietnamese laws, affecting social security, order, and safety.”
Finally, hope this article about Do foreigners need a work permit in Vietnam? is helpful for you!
According to the provisions of Article 10 of Decree 152/2020/ND-CP, the term of a work permit is granted according to the term of one of the following cases but must not exceed 02 years.
The place to apply is the Ministry of Labor, War Invalids, and Social Affairs; or the People’s Committee of the province or centrally run city where the foreigner will work.