A work permit is considered proof that a foreigner is legally working in Vietnam. Except in cases where a work permit is not required, most foreigners need a Vietnamese business to sponsor and assist with the procedures to obtain a work permit.
Administrative violations in the labor sector, especially those involving foreign workers in Vietnam, are handled very strictly by provincial and city labor departments, with penalties applied depending on each individual case.
The penalties for working without a work permit and other violations are specified as follows.
1. For foreign workers
Foreign workers will be deported from Vietnam if they commit any of the following acts:
- Working without a work permit as required by law, except in cases where a work permit is not required;
- Using an expired work permit.
2. For employers
- Failure to report the employment of foreign workers, or reporting but failing to ensure the required content and deadlines: A fine of VND 1.000.000 to VND 2.000.000 will be imposed.
- Suspension of business operations for 1 to 01 months and fines will be imposed for violations such as: Employing foreign workers without work permits or without a certificate confirming they are not subject to work permit requirements, or employing workers with expired work permits: From 30.000.000 VND to 45.000.000 VND (for violations involving 03-10 people).
- From 45.000.000 VND to 60.000.000 VND (for violations involving 11-20 people).
- From 60.000.000 VND to 75.000.000 VND (for violations involving 21 or more people).
Currently, labor departments are tightening regulations on Chinese workers, especially in the provinces of Nha Trang, Ninh Thuan, and Binh Thuan.
The Ho Chi Minh City area is also planning to inspect businesses that employ Chinese workers, especially traditional medicine clinics.
