Procedures of revocation of work permits of foreigners. Most foreign workers entering Vietnam to work need a Work Permit. Without this document, foreign workers will not be eligible to work. Let us learn about this topic with LSX law firm as follow:
Case of revocation of the work permit of foreigners in Vietnam
According to the provisions of Article 20 of Decree 152/2020/ND-CP, there are 9 reasons why foreign workers in Vietnam revoke their work permits in Vietnam, which are:
1 – Firstly, the work permit has expired.
2 – Secondly, termination of the labor contract.
3 – Thirdly, the content of the labor contract is not consistent with the content of the issued work permit.
4 – Fourthly, working in contravention of the contents of the issued work permit.
5 – Moreover, the contract in the fields that are the basis of the work permit expires or terminates.
6 – In addition, there is a written notice from the foreign side to stop sending foreign workers to work in Vietnam.
7 – Furthermore, enterprises, organizations, partners on the Vietnamese side or foreign organizations in Vietnam employing foreigners cease to operate.
8 – Additionally, the employer or foreign worker fails to comply with the provisions of Decree 152/2020/ND-CP.
9 – Finally, foreign workers in the process of working in Vietnam fail to comply with Vietnamese laws, thus affecting social security, order and safety.
Thus, if in one of the above cases, the foreign worker will definitely have his work permit revoked.
Procedures of revocation of work permits of foreigners
Pursuant to Article 21 of Decree 152/2020/ND-CP, on a case-by-case basis, the procedure for revocation of a work permit will be carried out as follows:
* Case (1), (2), (3), (4), (5), (6), (7):
Step 1: The employer revokes the work permit of the foreign worker.
Step 2: Submit the application to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs that issued the work permit.
– Profile include:
+ Work permit of foreigners.
+ A document clearly stating the reason for the revocation and the case in which the work permit is revoked.
– Deadline for submission: 15 days from the date of expiration of the work permit for the reasons in cases (1), (2), (3), (4), (5), (6), (7).
Step 3: Receive written confirmation of the revoked work permit.
Within 05 working days from the date of receipt of the revoked work permit; The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall send a written confirmation of the revoked work permit to the employer.
* Case (8), (9):
Step 1: Firstly, the Ministry of Labor – Invalids and Social Affairs; or the Department of Labor – Invalids and Social Affairs that has issued the work permit issue a decision to revoke and notify the employer.
Step 2: Secondly, the employer revokes the work permit of the foreign worker.
Step 3: Thirdly, the employer returns the work permit to the Ministry of Labor – Invalids; and Social Affairs or the Department of Labor – Invalids and Social Affairs that issued the permit.
Time limit for implementation: 03 days from the date the competent authority revokes the work permit.
Step 4: Finally, the employer receives a written confirmation of the revoked work permit.
Processing time: Within 05 working days from the date the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs receives the revoked work permit.
Finally, hope this article about Is it possible to pay salaries for foreigners in foreign currency? is helpful for you!
When a work permit is issued to an individual, it proves that person is eligible to work legally in Vietnam; is a license issued by the Ministry of Labor – Invalids and Social Affairs. When having a permit, workers will be protected according to Vietnamese labor law as well as protect their legal rights.
The work permit has almost all the information of the owner. Consists of:
Full name of the foreign worker (foreign worker)
Date of birth
Nationality and passport number
The agency where the foreign worker is working
Job position (position)
License period: up to 2 years
License size: same as A4 . sheet