According to Article 151 of the Labor Code 2019, a work permit is one of the conditions for foreign workers to work legally in Vietnam. In order to improve compliance with the law, Decree 28/2020 regulated administrative penalties for foreign workers without work permit or exemption of work permit.
Contents
I. The conditions of foreign workers in Vietnam
A foreign employee means a person who has a foreign nationality and:
a) is at last 18 years of age and has full legal capacity;
b) has qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;
c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
d) has a work permit granted by a competent authority of Vietnam or the exemption of a work permit.
Therefore, the work permit or the exemption of work permit is an important legal document that proves the legality of relations between foreign employees and their employers.
II. Administrative penalties for foreign workers without work permit or exemption of work permit
By clause 3, Article 31, Decree 28/2020, the Main penalties :
Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on any foreign worker in Vietnam that commits one of the following violations:
a) Accepting job offers without holding work permits or without written confirmations of their exemption from work permit requirements as required by law;
b) Using work permits or written confirmations of their exemption from work permit requirements that have already become null and void.
By clause 5, Article 31, Decree 28/2020, Supplemental penalties
Deporting any foreign worker without work permits or written confirmations of exemption from work permit requirements commits the violations specified in clause 3 of this Article while working in Vietnam.
By clause 4, Article 31, Decree 28/2020
Fines shall be imposed on any employer that employs foreign workers to work in Vietnam without work permits or written confirmations of their exemption from work permit requirements, or employs foreign workers holding expired work permits or written confirmations of exemption from work permit requirements already null or void at one of the following rates:
a) Fines ranging from VND 30,000,000 to VND 45,000,000 to be imposed if the violation involves 01 – 10 workers;
b) Fines ranging from VND 45,000,000 to VND 60,000,000 to be imposed if the violation involves 11 – 20 workers;
c) Fines ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 21 or more workers.
In conclusion, to comply strictly with the Labor code, employers and foreign employees must meet full requirements by law before signing labor contracts.
In order not to be penalized for not having a work permit and save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HT for Work permit service.
Contact us
-
- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.