Who is responsible when foreigners do not have work permits in Vietnam? In recent times, there are many companies using foreigners to work when they do not have a Work Permit. So the legal responsibility belongs to the enterprise using or the foreigner when the competent state agency detects and handles it? Let us learn about this topic with LSX law firm as follow:
1. Do foreign workers must have Work Permits when working in Vietnam?
Conditions for foreign workers to work in Vietnam
Pursuant to Article 151 of the Labor Code 2019 stipulates as follows:
- Foreign workers working in Vietnam are foreign nationals and must satisfy the following conditions:
Firstly, being 18 years or older and having full civil act capacity;
Secondly, having professional qualifications, techniques, skills; and working experience; be healthy as prescribed by the Minister of Health;
Thirdly, not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared; or is being examined for penal liability in accordance with foreign or Vietnamese laws;
Moreover, having a work permit issued by a competent Vietnamese state agency; except for the case specified in Article 154 of this Code.
2. The term of the labor contract for the foreign worker working in Vietnam must not exceed the term of the work permit. When employing foreign workers to work in Vietnam, the two parties may agree to enter into multiple definite-term labor contracts.
3. Foreign workers working in Vietnam must comply with Vietnamese labor laws and be protected by Vietnamese laws; unless an international treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions “
Thus, foreigners must meet the above conditions to work in Vietnam. Accordingly, one of the conditions for foreign workers to work in Vietnam is to have a work permit issued by a competent Vietnamese state agency.
Foreign workers working in Vietnam are not eligible for work permits
At the same time, according to the above regulation; there are references to cases where work permits are not granted under Article 154 of the Labor Code as follows:
1. Being the owner or capital contributing member of a limited liability company with the capital contribution value; according to the Government’s regulations.
2. To be the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with the value of capital contribution; in accordance with the Government’s regulations.
3. To be the head of a representative office or project; or to take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
4. Entering Vietnam with a term of less than 3 months to make a service offering.
5. Entering Vietnam for less than 3 months to handle problems; complicated technical situations and technologies that affect or threaten to affect production and business that Vietnamese experts; and Foreign experts currently in Vietnam cannot handle it.
6. Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
7. Cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
8. Foreigners marrying Vietnamese and living in Vietnamese territory.
9. Other cases as prescribed by the Government.
Handling violations of work permits when foreigners work at enterprises without a work permit?
Who is responsible when foreigners do not have work permits in Vietnam?
According to our country’s current regulations; when a foreign worker works in Vietnam without a work permit (except for cases where the foreigner is not subject to a permit under Article 154 of the Labor Code 2019); both foreigners and enterprises employing foreign workers are administratively sanctioned.
According to the provisions of Article 31 of Decree 28/2020 on Violation of regulations on foreigners working in Vietnam, there are penalties for violations of work permits as follows:
Penalties for employers
“first. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the employer when committing one of the following acts:
a) Failing to report or reporting improperly the contents and deadlines on the employment of foreign workers at the request of the state management agency in charge of labor;
b) Failing to send a copy of the signed labor contract to the agency that has issued the work permit in case the foreign worker works under the form of a labor contract.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed upon each employee; but not more than 75,000,000 VND for the employer whose act of using foreign workers is not in accordance with the content written on the work permit; or written confirmation of not being eligible for a work permit.
4. Fines for employers who use foreign workers to work in Vietnam without work permits; or do not have a certificate confirming that they are not eligible for a work permit or employ a foreign worker whose work permit has expired; or a written confirmation that the work permit is not eligible for an expired work permit at one of the following levels:
a) From VND 30,000,000 to VND 45,000,000 for violations from 01 to 10 people;
b) A fine from 45,000,000 VND to 60,000,000 VND for violations from 11 to 20 people;
c) From 60,000,000 VND to 75,000,000 VND for violations of 21 or more people.
Penalties for employees
3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed on foreign workers working in Vietnam who commit one of the following acts:
a) Working without a work permit or without a written confirmation of not being eligible for a work permit as prescribed by law;
b) Using an expired work permit or written confirmation that the work permit is not eligible.
5. Additional sanctions
Expulsion of foreign workers working in Vietnam when working in Vietnam but without a work permit or without a written confirmation that they are not eligible for a work permit when violating the provisions of Clause 3 of this Article ”
Finally, hope this article about Who is responsible when foreigners do not have work permits in Vietnam? is helpful for you!
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.
The maximum term of a work permit is 2 years, you can extend it once for a maximum of another 2 years.