Contents
I. Reasons for revocation of the work permit for foreign workers:
According to Article 20 of Decree 152/2020/NĐ-CP, the work permit for foreign workers in Vietnam may be revoked for the following 9 reasons:
- The work permit has expired.
- Termination of the labor contract.
- The terms of the labor contract do not match the content of the issued work permit.
- Working outside the scope specified in the issued work permit.
- The field of employment has ended or the contract has been terminated.
- The foreign country has sent written notice to recall the foreign worker employed in Vietnam.
- Enterprises, organizations, Vietnamese partners, or foreign organizations in Vietnam that employ foreign workers have terminated their activities.
- The employer or foreign worker fails to comply with the regulations of Decree 152/2020/NĐ-CP.
- The foreign worker violates Vietnamese laws during their employment, affecting security, order, and social safety.
II. Process and procedures for revoking the work permit:
Based on Article 21 of Decree 152/2020/NĐ-CP, the procedures for revoking a work permit will be carried out as follows, depending on the case:
Case 1: The work permit has expired according to the provisions of Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 156 of the Labor Code:
Step 1: The employer revokes the work permit of the foreign worker.
Step 2: Submit the application to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that issued the work permit.
The application includes:
The work permit of the foreign worker.
A document explaining the reason for revocation and the specific case falling under work permit revocation.
Deadline for submission: Within 15 days from the date the work permit expires.
Case 2: The employer or the foreign worker fails to comply with the regulations of this Decree; the foreign worker violates Vietnamese laws during their employment, affecting security, order, and social safety (Article 20 of Decree 152/2020/NĐ-CP):
Step 1: The Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that issued the work permit makes the decision to revoke the work permit and notifies the employer.
Step 2: The employer revokes the work permit of the foreign worker.
Step 3: The employer returns the work permit to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that issued the permit.
Deadline for completion: Within 3 days from the date the authorized agency revokes the work permit.
Step 4: The employer receives a confirmation document of work permit revocation.
Processing time: Within 5 working days from the date the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs receives the revoked work permit.
To save time on researching procedures, filling out forms, notarizing documents, and waiting for submission, you can contact HT for consultation and assistance with labor-related matters.
Contact us:
- Email: hue.truong@htlaw.vn
- Phone: +84 935 439 454.