A work permit is one of the legal conditions allowing foreign workers to work in Vietnam, issued by a competent state agency. Foreign workers must present their work permit when requested by a competent state agency. Employers who employ foreign workers to work for them without a work permit will be recognized as a violation.
The maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 02 years. The work permit is invalidated at the end of its term, upon termination of the labor contract, because the content of the labor contract is not consistent with the content of the issued work permit, or because the work is not in accordance with the provisions of the work permit, according to the written notice of the foreign party ceasing to send foreign workers to work in Vietnam or when the work permit is revoked.
Foreigners working in Vietnam for three months and more are required for Vietnam work permit and labor visa, without a work permit means the signed labor contract shall be wholly invalid…
What are the things that you shall keep in mind to avoid and prevent any violation in advance?
WHO IS REQUIRED TO OBTAIN A VIETNAM WORK PERMIT?
- Foreign employees shall produce his/her work permit when carrying out immigration procedures and upon request of a competent state agency.
- Any foreign citizen working in Vietnam without a work permit shall be deported from Vietnam according to the Government’s regulations.
- Any employer employing foreign citizens without work permits shall be handled in accordance with the law.
10 TYPICAL CASES OF VIETNAM WORK PERMIT EXEMPTION
- Capital-contributing members or owners of limited liability companies.
- Members of the Board of Directors of joint-stock companies.
- Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam.
- Those who stay in Vietnam for under 3 months to offer services for sale.
- The workers that are reassigned within the enterprises engaged in within 11 service industries in the commitment on services between Vietnam and WTO, including business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment, and transportation.
- The workers enter Vietnam for technical advisory services or to perform other tasks serving the research, development, appraisal, assessment, management.
- The workers are teachers of foreign organizations that are sent to Vietnam by such organizations to teach in international schools under the management of foreign diplomatic missions or international organizations in Vietnam.
- The workers are volunteers.
- The workers hold master’s degrees or higher and provide consultancy, teach or conduct scientific research at institutions of higher education or vocational colleges within 30 days.
- The foreign workers enter Vietnam to implement international agreements to which central state agencies, local state agencies, and central socio-political organizations are signatories.
How to manage your work permit and other required procedures for foreign employees in Vietnam, please contact our expert for your one-top solution.
THE CASES IN WHICH THE VIETNAM WORK PERMIT IS REVOKED
- The contents of the application for the issuance or re-issuance of the work permit is found bogus;
- The work permit expires;
- The foreign worker or employer fails to comply with the work permit issued;
- The labor contract is terminated;
- The labor contract contents are not consistent with the contents of the work permit issued;
- The contract or agreement in Vietnam is expired or terminated;
- The foreign partner makes a written notification that the foreign worker is no longer on assignment in Vietnam;
- The employer shuts down;
- A competent authority makes a written request for the revocation of the work permit due to the violations against Vietnam’s law committed by the foreign worker.
Foreigner and their employer should consult their local consultant to map out required tasks for the foreign worker such as personal income tax declaration, Temporary Resident Card TRC, work permit, Visa,… in order to avoid unnecessary fines from the authority in the long and short term.
How to manage your work permit and other required procedures for foreign employees in Vietnam, please contact our experts for your one-stop solution.
Read more work permit for foreigners in Vietnam
- Manage work permit for foreign investor, legal REP and chief REP in Vietnam
- Work permit in Vietnam: Acceptance of demand for foreign workers from local competent state agencies
- Work permit in Vietnam: Frequently asked questions
- Work permit in Vietnam: The conditions and required papers
- Work permit in Vietnam: Regulations and guidances
- Work permit exemption – revocation
- Work permit revocation
- Work permit exemption
- 20 cases exempt from work permits for foreign workers in Vietnam
- Work permit exemptions for foreigners married to Vietnamese citizens
Read more:
- Investment visa in Vietnam – type and time limits
- Temporary residence card in Vietnam: what you need to know
- Foreigners in Vietnam: what you need to know
- Social insurance for foreigners in Vietnam: new regulations
- Electronic visas in Vietnam (E-visa)
- Evisa – new regulation on entry and exit for foreigners in Vietnam
- Chief of representative office or head of branch in Vietnam: role and responsibility
- Personal income tax for foreign employees: methods of declaration and payable amount
