Vietnamese
Vietnam enterprises must hire foreign workers for the characteristics of many industries. However, Vietnam laws have strict regulations on this problem, foreign workers must have work permits when working in Vietnam is one example.
What are the conditions for foreign laborers to work in Vietnam?
In accordance with Clause 1, Article 151 of the Labor Code 2019, a foreign national wishing to work in Vietnam must fully meet the following conditions:
1- Being full 18 years or older, and having full civil act capacity;
In accordance with Clause 2, Article 674 of the Civil Code 2015, the civil act capacity of a foreigner who establishes or performs a civil transaction Being full 18 years or older shall not in the cases that has lost his/her civil act capacity, has difficulty in perceiving and controlling his/her acts or has limited civil act capacity
2 - Possessing professional and technical qualifications, skills and working experience;
3 - Being physically fit under regulations.
4 - Not being in the period of serving his/her penalty or having his/her criminal records not yet expunged or being subject to penal liability examination according to foreign law or Vietnam’s law.
5 - Possessing a work permit granted by a competent Vietnamese state agency, except the cases:
+ Owners or capital contributors of limited liability companies receiving capital contributions as prescribed by the Government.
+ Foreigners who enter and stay in Vietnam for under 3 months to offer services.
+ Foreign lawyers who have been granted a permit to practice law in Vietnam in accordance with the Law on Lawyers.
+Foreigners who marry Vietnamese persons and are currently living in Vietnam’s territory.
+ Foreigners who are the owners or contribution members of the limited company with the contribution capital from VND 03 billion and above...
What are the fines for using foreign laborers without work permits?
As above information, foreign laborers must have work permits which are granted by the competent authorities except for some special cases.
Fines shall be imposed for foreign workers and employers without work permits in accordance with the regulations prescribed at the Article 32, the Decree No.12/2022/ND-CP as follows:
* Foreign workers
A fine of between VND 15 million - 25 million shall be imposed for working in Vietnam without without a work permit or a work permit exemption certificate (Point a, Clause 3, Article 32, the Decree 12/2022)
Beside the fine, in accordance with the Clause 2, Article 153 of the Labor Code and Clause 3, Article 32, Decree 12/2022, a foreigner working in shall be forced to exit or deported from Vietnam in accordance with the law on foreigners’ entry into, exit from, transit through and residence in Vietnam.
* Enterprise that employs foreign workers in Vietnam
Fine for employing foreign workers in Vietnam without work permits or work permit exemption certificates shall be as follows:
- Violations related to between 01 worker and 10 workers: A fine of between VND 30 million - VND 45 million.
- Violations related to between 11 workers and 20 workers: A fine of between VND 45 million - VND 60 million.
- Violations related to between 21 workers and more: A fine of between VND 60 million - VND 75 million.
Note: These are the fines for employers who are individuals committing the violations. The fines to be imposed on organizations shall be double the fines from VND 60 million - 150 million (In accordance with Clause 1, Article 6 of the Decree 12/2022).
Here are all the regulations on fines for the case that foreign workers do not have work permits when working in Vietnam.
