Up to 2019, regulations for Vietnam’s foreign workers have been detailed by Labour Code and by-law documents in Article 2 of Decree No. 11/2016/ND-CP. It is mandatory that foreign workers should obtain legal Vietnam work permit or issue Vietnam work permit extension at least 30 days before the current work permit expires. Not only will foreigners who do not extend their Vietnam work permit while still working in Vietnam be ejected but the employer also have to impose an administrative sanction regulated in Vietnam regulations. To find out more details what happens if you do not extend Vietnam work permit, kindly read our post below.
WHY MUST FOREIGNERS EXTEND VIETNAM WORK PERMIT?
Vietnam work permit’s validity is available only in the duration of signed labour contract and no longer than 2 years. If foreign workers wish to extend their labour contract and continue to hold the same position of the current enterprise in Vietnam, their employer should acknowledge that issuance Vietnam work permit extension is extremely important in this situation.
To know more details about Vietnam work permit extension, feel free to click here.
Without a legal Vietnam work permit, both employer and employee sure pay the penalty for violating regulations about foreign workers in Vietnam.
WHAT HAPPENS IF YOU DO NOT EXTEND VIETNAM WORK PERMIT?
Working with an expired Vietnam work permit also violates administrative laws. Therefore, it is crucial that the employer must extend Vietnam work permits for foreign employees at least 30 days in advance of their start working date.
According to Decree No. 88/2015/ND-CP Article 22 about violations of regulations on foreigners working in Vietnam, both the employer and foreign workerwill be fined as below:
<1>. For the foreign worker:
Foreign workers are expelled from Vietnam if they have one of the following acts:
- One who works in Vietnam does notissues a legal Vietnam work permit regulated in laws, except for those exempting from Vietnam work permit
- One who owns an expired Vietnam work permit
<2>. For the employer:
- A fine ranging from VND5 million to VND10 million will be issued if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.
- The employers who use foreign labors to work without Vietnam work permit; or without a certificate of Vietnam work permit exemption; or using an expired Vietnam work permit will pay a fine ranging as below:
- VND30 million to VND45 million for up to 10 foreign workers
- VND45 million to VND60 million for 11 to 20 foreign workers
- VND60 million to VND 75 million for over 21 workers.
- Under some serious circumstances, the employers could also be suspended from operation for up to 3 months.
OTHER INFORMATION RELATED TO VIETNAM’S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD
- How To Apply Work Permit In Viet Nam
- How To Apply Work Permit Extension
- How To Apply For Vietnam Visa On Arrival
- How To Apply For Visa Extension In Vietnam
- How to apply for Extension of Temporary Residence Card
- Procedures For Lost Vietnam Temporary Residence Card
- Vietnam Temporary Residence Card For Foreigner’s Relative
- Who Can Get Vietnam Temporary Residence Card
- How To Apply Vietnam Visa On Arrival
- How To Extend or Renew Visa In Vietnam
- How To Apply Vietnam’s Visa For Bangladesh, Sri Lanka, Iran, Parkistan, Turkey Citizens
For further information please contact:
Discovery Indochina Travel Co., Ltd
5th Floor | Platinum Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359 Mobile: 0938228856 | 0906640505
www.visa5s.com | www.ditravel.vn