Some issues about foreigners' work permits when working in Vietnam

Updated at 28/03/2023 - 11:23 am

1. Do I need to apply for a work permit again when I change my workplace? #

Pursuant to Article 12 Decree 152 / 2020 / ND-CP stipulating cases of re-issuance of work permits, including:

  • The valid work permit is lost.
  • Expired work permit is damaged.
  • Change of last name and name, nationality, passport number, working location stated in the valid work permit.

Thus, according to the above, When foreign workers change their workplace, they will have to apply for a work permit again.

Some issues about work permits for foreigners working in Vietnam

2. Do foreigners working for two companies need two work permits? #

Pursuant to Article 151 of the Labor Code stipulates:

“Article 151. Conditions for foreign workers to work in Vietnam”

  1. Foreign workers working in Vietnam are foreign nationals and must meet the following conditions:
    a) Being 18 years or older and having full civil act capacity;
    b) Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
    c) Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;
    d) Having a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of this Code.
  2. The term of the labor contract for the foreign worker working in Vietnam must not exceed the term of the work permit. When employing foreign workers to work in Vietnam, the two parties can agree to enter into multiple definite-term labor contracts.
  3. Foreign workers working in Vietnam must comply with Vietnamese labor law and be protected by Vietnamese law, except in the case of an international treaty to which the Socialist Republic of Vietnam is a signatory. otherwise.”

At the same time, in Clause 9, Article 9 of Decree 152/2020/ND-CP stipulates as follows:

“9. Dossier of application for a work permit for some special cases:

a) For foreign workers that have been issued a work permit, which is still valid and wish to work for another employer at the same job position and job title as stated in the permit. Dossier to apply for a new work permit includes: confirmation of the previous employer that the employee is currently working, the papers specified in Clauses 1, 5, 6, 7. , 8 This and a certified copy of work permit has been issued;

b) For foreign workers who have been issued with a valid and valid work permit and change their job position or job title or the form of work stated in the work permit in accordance with the law; If the employer does not change, the application file for a new work permit includes the papers specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article and the work permit or a certified copy. certified work permit has been issued.”

So according to the above regulations, you work here 02 companies are 02 legal entities with independent status, are 02 employers. Therefore, the second company when employing employees must carry out procedures for applying for a work permit for the employee.

3. Penalties for failure to apply for a work permit/worker without a work permit #

  • For employees:

+ A fine from 15.000.000 to 25.000.000 VND

Forced exit or deportation in accordance with the law on entry, exit, transit and residence of foreigners in Vietnam

  • For employers:

+ A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for each violation against each employee, but not exceeding VND 75.000.000 for employers who commit acts of using foreign workers inconsistent with the contents of the contract. written on the work permit or written confirmation of not being eligible for a work permit

+ A fine of 02 times the fine level for individuals, including: enterprises established and operating under Vietnamese law, branches and representative offices of foreign enterprises operating in Vietnam.

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