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;