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Working Without Work Permit In Viet Nam

March 9, 2018 | Q&A

Dear DBLegal Law Firm in Da Nang, Viet Nam. My friends are working in Da Nang, Viet Nam without work permit. Are there any penalties if the foreign have not a work permit in Viet Nam but they still work. Thanks.

Anwser:

According to Decree No. 95/2013/ND-CP dated 22 August, 2013 (Decree 95) and Decree No. 882015/ND-CP dated 07 October 2015 amendments Decree 95 on penalties for administrative violations against regulations on employment, social insurance, social insurance, and Vietnamese guest workers:

1. Any foreign worker in Vietnam that commits any of the following violations will be expelled:

a) Working without a work permit, except for those exempt from work permits;

b) Using an expired work permit.

2. A fine of from VND 1,000,000 to VND 2,000,000 will be imposed upon any employer that fails submit a report on employment of foreigners to the labor authority, or submits an insufficient report, or submits report behind schedule.

3. Fines imposed upon employers who employ foreign workers in Vietnam without work permits or certificates of exemption from work permits, or employ foreign workers using expired work permits:

a) From VND 30,000,000 to VND 45,000,000 if the violation involves 01 – 10 workers;

b) From VND 45,000,000 to VND 60,000,000 if the violation involves 11 – 20 workers;

c) From VND 60,000,000 to VND 75,000,000 if the violation involves more than 20 workers.

4. Additional penalty: The employer who commits the violation herein shall have its operation suspended for 1 – 3 months.

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