Penalties on Working Without Work Permit in Vietnam for foreigners

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Penalties on Working Without Work Permit in Vietnam

– Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio-economic in recent years.

♦  To meet the demand for highly qualified labor recruitment of enterprises, more and more companies hire foreign workers for specific positions that might lack human resources within Vietnam territory.

♦  A foreign citizen wishing to work in Vietnam must fully meet the following conditions:

•  Possessing full civil act capacity;
•  Possessing technical and professional qualifications and skills and health appropriate to the work requirement;
•  Not being a criminal or subject to penal liability examination according to Vietnamese and foreign laws;
•  Possessing a work permit granted by a competent Vietnamese state agency, except the cases specified in Labor Code.

– Therefore, based on regulations of the Labor Code of Vietnam, except for the foreign citizens exempted from work permit investor of a company established in Vietnam, all of the cases the foreign citizens wishing to work in Vietnam shall be subject to work permit application. A foreign employee shall produce his/her work permit when carrying out immigration procedures or upon request of a competent state agency.

♦  In case foreign citizens who do not belong to work permit exemption being found working in Vietnam without work permits, that person shall be considered a violation of the law of Vietnam. In addition, the employer that uses the violated employee without a work permit shall be punished accordingly.

– Penalties for administrative violations against regulations on employment, social insurance, social insurance, and Vietnamese guest workers:

•  Foreign citizens that working without work permits, except for the cases in which the work permit is exempt shall be expelled.
•  Employers who employ foreign workers in Vietnam without work permits or certificates of exemption from work permits, or employ foreign workers using expired work permits shall be implied:

            + A fine from VND 30,000,000 to VND 45,000,000 if the violation involves 01 – 10 workers;

            + A fine From VND 45,000,000 to VND 60,000,000 if the violation involves 11 – 20 workers;

            + A fine From VND 60,000,000 to VND 75,000,000 if the violation involves more than 20 workers;

read more here: Temporary Resident Card of Document – VinaVisa Service In Danang↵

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