Revocation of work permits and expulsion of foreign workers in Vietnam. Management of foreign workers in Vietnam. Let us learn about this topic with LSX law firm as follow:
Legal grounds:
– “Labour Code 2019”;
– Decree 11/2016/ND-CP.
Management of foreign workers in Vietnam:
Specifically, foreign workers entering Vietnam to work to handle emergency cases; such as complicated technical and technological incidents; situations that affect or threaten production and business without Vietnamese experts. In addition, foreign workers working in Vietnam but have not yet been granted a work permit; must carry out procedures to apply for a work permit according to regulations. In case the foreign worker does not have a work permit; the Department of Labor, War Invalids, and Social Affairs requests the Ministry of Public Security to issue a decision on expulsion of foreign workers from Vietnam.
Every year, the employer, except the contractor; is responsible for determining the need to employ foreign workers for each job position that Vietnamese workers have not yet met; and report to the Chairman of the People’s Committee of the province where the employer’s head office is located. In cases where it is necessary to use foreign workers with expertise suitable to the requirements of the bidding package; the bidding documents must declare the quantity, qualifications, professional capacity; and experience of foreign workers mobilized to execute the bidding package; It is strictly forbidden to use foreign workers to perform jobs that Vietnamese workers are capable of achieving and meet the requirements of the bidding package; especially unskilled workers and untrained workers.
Moreover, the Department of Labor, War Invalids, and Social Affairs is responsible for monitoring; synthesizing, and reporting on foreign workers working in both foreign-invested enterprises and domestic enterprises; agencies, and organizations in the area under their management.
Besides, the unit employing foreign workers must report on the employer’s situation of foreigners working in Vietnam under the regulations of the Ministry of Labor, War Invalids, and Social Affairs.
Revocation of work permits in Vietnam:
According to the “Labor Code 2019” and Decree; 11/2016/ND-CP detailing several articles about foreign workers working in Vietnam, cases of permit revocation Labor includes:
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 revocation of work permit because the employer or foreign worker fails to comply with the provisions of this Decree.
Lastly, procedure for revocation of work permit.
Expulsion of foreign workers working in Vietnam.
Cases where foreign workers can be expelled from Vietnam under Article 18 of Decree 11/2016/ND-CP
“+ Foreign workers in Vietnam without a work permit; or a written confirmation that they are not eligible for a work permit as prescribed in this Decree; (after this referred to as foreign workers) outside working in Vietnam without a work permit) will be deported under Vietnamese law.
In addition, the Department of Labor, War Invalids, and Social Affairs requests the police to expel the foreign workers working in Vietnam without a work permit.
In case organizations and individuals discover that foreign workers working in Vietnam do not have work permits; they shall notify such to the Department of Labor, War Invalids, and Social Affairs where they work.
+ Within 15 working days; from the date of determining that the foreign worker working in Vietnam does not have a work permit, the Department of Labor, War Invalids, and Social Affairs shall request the police agency to expel the foreign worker.
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Related questions
What is deportation? In general, expulsion means forcing a convicted foreigner to leave the territory of the Socialist Republic of Vietnam. In addition expulsion is applied by the Court as the main or additional penalty in each specific case.
Firstly, fully comply with the provisions stated in the expulsion decision;
Secondly, present identification documents at the request of immigration authorities;
Thirdly, comply with the provisions of Vietnamese law and be under the management of the police during the time of carrying out deportation procedures;
Moreover, quickly fulfill all civil, administrative, and economic obligations as prescribed by law (if any). If they do not voluntarily comply, applied measures to prevent and ensure the handling of administrative violations according to the provisions of Chapter I, Part Four of the Law on Handling of Administrative Violations;
Finally, complete the necessary procedures to leave the Vietnamese territory.
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