Penalties for foreign workers working without a permit

Lawyer Nguyen Thu Thuy, YouMe Law Firm LLC replied:

Clause 3 and Clause 5, Article 32, Chapter II of Decree No. 12/2022/ND-CP stipulating administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts (Decree No. 12/2022/ND-CP) stipulate violations of regulations on foreigners working in Vietnam as follows:

3. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on foreign workers working in Vietnam who commit one of the following acts:

a) Working without a work permit or without a written confirmation that the person is not eligible for a work permit as prescribed by law;

b) Using an expired work permit or a document confirming that the work permit is not required.

5. Additional penalties

Expel foreign workers working in Vietnam when violating the provisions in Clause 3 of this Article.

Clause 1, Article 6 of Decree No. 12/2022/ND-CP stipulates the level of fines, sanctioning authority and principles applicable to repeated administrative violations as follows:

1. The fines prescribed for violations of the provisions in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals, except for the cases prescribed in Clauses 1, 2, 3, 5, Article 7; Clauses 3, 4, 6, Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7, Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8, Article 43; Clauses 1, 2, 3, 4, 5, 6, 7, 8, Article 45; Clause 3, Article 46 of this Decree. The fine for an organization is twice the fine for an individual.

Thus, foreign workers working in Vietnam without a work permit may be fined from VND 15,000,000 to VND 25,000,000 and deported from Vietnam according to the above regulations.