As a foreigner, if you plan on working in Vietnam for an extended period, holding a work permit is essential. However, the process of obtaining one can be confusing, leading some to miss out on crucial steps. In this article, we will discuss the regulations and penalties related to work permits in Vietnam and who needs to obtain one.
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Government
Vietnam’s government has strict regulations in place to ensure that foreign workers are legitimate and qualified for their positions. Failure to comply with these regulations can result in hefty fines or even expulsion from the country.
Work Permit in Vietnam-Regulations and Penalties for Administrative Violations
Employers and employees must follow specific rules and guidelines when applying for a work permit in Vietnam. Failure to comply with these regulations can lead to administrative violations and severe consequences.
Who Needs to Get a Vietnam Work Permit?
According to the June 19, 2015 Law on Organization of the Government and the June 18, 2012 Labor Code, any foreigner planning to work in Vietnam for more than three months must hold a valid work permit.
1. Foreign citizens who work in Vietnam (below referred to as foreign workers) in the following forms:
- They hold a managerial position
- They have an expertise or skills required by Vietnamese employers
- They are students studying in Vietnam and need to work part-time
- They are traveling through Vietnam and need to earn money to support themselves
2. Employers of foreign workers, including:
- Enterprises established under Vietnamese Law
- Representative offices and branches of foreign traders and organizations operating in Vietnam
- Foreign non-governmental organizations and international organizations in Vietnam
What are the Conditions for a Foreign Worker to be Granted a Work Permit?
To be granted a work permit in Vietnam, a foreign worker must meet the following conditions:
- Being at least 18 years old.
- Being in good health, which is suitable for the job they will be doing. They must undergo a medical examination at a Vietnamese medical facility to prove their health status.
- Holding a university degree or equivalent certification related to the job they are applying for.
- Having at least one year of work experience related to their job.
- Not having a criminal record.
Administrative Violations Against Regulations on Vietnam Work Permit
Vietnam’s government takes violations against regulations on work permits seriously. Below are some of the common administrative violations that can lead to severe penalties:
1. A Foreign Worker in Vietnam who Commits any of the Following Violations Shall be Expelled:
- Working outside the scope specified in their work permit
- Falsifying information when applying for a work permit
- Not informing their employer if they leave their job position
- Working for an employer other than the one specified in their work permit
2. An Employer That Fails to Submit a Report on Employment of Foreigners to the Labor Authority, or Submits an Insufficient Report, or Submits Report Behind Schedule Shall be Subject to a Fine of VND 1,000,000 – VND 2,000,000.
Employers must submit reports on the employment of foreign workers to local labor authorities within five days of hiring them. If they fail to do so or submit an insufficient report, they will face a fine.
3. An Employer Who Employs Foreign Workers in Vietnam Without Work Permits or Vietnam Work Permit Exemption Certificates, or Employs Foreign Workers Using Expired Work Permits Shall be Subject to a Fine of:
- From VND 30,000,000 to VND 45,000,000 for employing one or more foreign workers without a work permit or a Vietnam work permit exemption certificate
- From VND 20,000,000 to VND 30,000,000 for employing one or more foreign workers using an expired work permit
Conclusion
In conclusion, obtaining a work permit in Vietnam is essential for any foreigner planning to work there for an extended period. Employers and employees must follow the specific regulations set forth by the government to avoid administrative violations and severe consequences such as fines and expulsion from the country.