What are the reasons why foreign workers have their work permits revoked?

On one hand, Some Vietnamese are interested in registering for a social network license. But on the other hand, many foreigners are interested in work permits. So what are the reasons why foreign workers have their work permits revoked? Let’s find out in this article with LSX Law firm.

Legal Ground

Labor Code 2019

Decree 152/2020/ND-CP

What is a work permit?

A Work permit is a type of document issued by a competent authority in Vietnam to foreign workers when they meet certain conditions as prescribed by law.

Accordingly, Foreign workers with work permits are can work legally and have their rights and interests protected in labor relations/law.

What information is required for a work permit?

A work permit according to the form issued by the Ministry of Labor, War Invalids, and Social Affairs that includes information about foreign workers:

• Portrait photo: white background; Front view; no hats or colored glasses;
• Full name(In bold capital letters, bold);
• Gender;
• Date of birth;
• Nationality, passport number;
• Enterprises and organizations the foreign worker work for;
• Work location;
• Job position: manager, executive director, specialist, or technical worker;
• Job Title;
• Term: Date/month/year to Date/month/year;
• License status: new, re-issued, number of times of re-issuance.

Cases of Work Permit Revocation

According to Article 20 of Decree 152/2020/ND-CP, there are 9 reasons why foreign workers in Vietnam have their work permits revoked in Vietnam:

1. The work permit has expired.
2. Termination of the labor contract.
3. The content of the labor contract does not match the content of the issued work permit.
4. Job does not aline with the contents of the issued work permit.
5. The contract that forms the basis of the work permit expires or terminates.
6. There is a written notice of the foreign party to stop sending foreign workers to work in Vietnam.
7. The enterprise, organization, partner on the Vietnamese side or a foreign organization in Vietnam employing foreigners ceases to operate.
8. Employers or foreign workers fail to comply with the provisions of Decree 152/2020/ND-CP.
9. Foreign workers in the process of working in Vietnam do not strictly comply with Vietnamese laws, affecting security, social order, and safety.

Finally, hope this article is helpful for you!

Also, If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Frequently asked questions: 

So, what are the procedures of the work permit revocation process?

For cases (1), (2), (3), (4), (5), (6), (7):

Firstly, the employer revokes the foreign worker’s work permit.

Then, submit the application to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs that issued that work permit.

Finally, receive a written confirmation that the work permit has been revoked.

Also, What are the conditions for granting a work permit?

• Have full civil act capacity as prescribed by law;
• Have health suitable for work;
• Is a manager, executive director, specialist or technical worker;
• Is not a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws;
• Got the written approval of the competent state agency on the use of employees.

Where to apply for a work permit?

According to the provisions of the law, the agency competent to issue work permits is:

– Ministry of Labor, War Invalids and Social Affairs;

– Department of Labor, War Invalids and Social Affairs.

Additionally, The determination of the agency in charge of the issue of a work permit is based on the type of enterprise or organization where the foreign worker works.

Legal ground: Article 3 of Circular No. 40/2016/TT-BLDTBXH.

See more

Can foreigners without a degree work in Vietnam?

How to apply for a reissue of a work permit for foreigners in Vietnam?

How to get a Work permit for foreigners in Vietnam?

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