With the integration and international economic exchange in recent years; Vietnam is one of the attractive destinations for a large number of investors who want to do business in Vietnam. This requires a lot of skilled workers; Skilled workers from other countries come to work in Vietnam. However, there is a fairly common problem that is people without work permits coming into the country to work; in the form of illegal labor. So, What are the regulations of the law on handling illegal workers in Vietnam? Let’s find out in this article with LSX Law firm.
- Labor Code 2019
- Decree 28/2020/ND_CP
What is illegal labor? Difficulties in dealing with illegal labor
Illegal labor is a common term to refer to when foreign workers go to work in a certain country without a work permit; at the same time are not exempted from the issue of work permits; according to the provisions of labor law.
The situation of illegal labor in recent years in Vietnam is increasing significantly. This generally causes a lot of difficulties in managing employees; as well as controlling the number of employees in enterprises. At the same time, it also directly affects the rights of employees such as social insurance contributions and salaries; as well as related regimes in case of occupational accidents.
Regulations of the law on handling illegal workers in Vietnam
Currently, the labor law has specific provisions on the handling of illegal workers in Vietnam. Specifically, this treatment applies to both objects; are foreign workers, as well as employers who employ illegal foreign labor. This regulation is specified in Decree 28/2020/ND-CP as follows:
According to clause 3, Article 153 of the 2019 Labor Code, employers employing citizens Foreigners who do not have a work permit to work for them will be handled according to the provisions of law.
Accordingly, Clause 4, Article 31 of Decree 28/2020 stipulates the fine levels for employers who use foreign workers to work in Vietnam; without a work permit or without a certificate confirming that they do not require a work permit; or employ a foreign worker whose work permit has expired as follows:
- From VND 30,000,000 to VND 45,000,000 for violations of 01 person to 10 people;
- 45,000,000 VND to 60,000,000 VND for violations of 11 to 20 people;
- From 60,000,000 VND to 75,000,000 VND with violations of 21 people or more.
Handling illegal labor for foreigners
According to the provisions of Decree 28/2020, there is a fine of between VND 15,000,000 and VND 25,000,000 forforeign workers working in Vietnam having one of the following conditions. the following acts:
- Not having a work permit or not having a written confirmation that they do not need a work permit to work as prescribed by law;
- Use a work permit or written confirmation that you are not eligible for an expired work permit.
In addition, according to Clause 2, Article 153 of the Labor Code 2019, foreign nationals working in Vietnam without a work permit will be deported from the Vietnamese territory.
Conditions for foreigners to work in Vietnam
If the foreigner wishes to work in Vietnam, that foreigner must meet the provisions of the Vietnamese Labor Law. According to the provisions of Clause 1, Article 151 of the Labor Code 2019; regulations on conditions for foreigners to work in Vietnam are as follows:
- 18 years or older and have full civil act capacity;
- Having professional qualifications, techniques, skills, and working experience; be healthy as prescribed by the Minister of Health;
- Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is in the period; be examined for penal liability in accordance with foreign or Vietnamese laws;
- Have a work permit issued by a competent Vietnamese state agency; except for cases not subject to a work permit.
Thus, in order to work in Vietnam, the most important thing is that foreign workers must carry out procedures for applying for a work permit. In all cases of illegal labor, both the employer and the foreign worker can be handled according to regulations.
Where can I apply for a work permit?
Currently, according to the provisions of law, the competent authority to issue work permits are:
– Ministry of Labor, War Invalids and Social Affairs;
– Department of Labor, War Invalids and Social Affairs.
The determination of the competence to issue a work permit is based on the type of enterprise or organization where the foreign worker works.
Legal basis: Article 3 of Circular No. 40/2016/TT-BLDTBXH.
What are the conditions for granting a work permit?
-have full civil act capacity as prescribed by law;
– Have health suitable for work;
– Being a manager, executive director, specialist or technical worker;
– Not being a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws;
– Get approval in writing from the competent state agency on the use of employees.
How long is the work permit?
The maximum term of a work permit is 2 years, in case of extension, you can only extend it once with a maximum term of 2 years.