Content Summary
A work permit is one of the mandatory requirements when Foreign workers work in Vietnam. However, to facilitate the management of foreign workers, the law provides for cases of revocation of foreign workers’ work permits. Let’s learn about these cases with AZLAW in the article below.
Legal basis
- Labor Code 2019
- Decree No. 152/2020/ND-CP stipulating foreign workers working in Vietnam and recruiting, managing Vietnamese employees working for foreign organizations and individuals in Vietnam
Cases of work permit revocation
According to the provisions of the Labor Code 2019 and guiding documents, the work permit revocation applies to the following cases:
– The work permit is not available :
- The work permit has expired
- Termination of the employment contract.
- The content of the labor contract does not match the issued work permit.
- Working in contravention of the work permit.
- There is a written notice of the foreign party to stop sending foreign workers to work in Vietnam.
- Enterprises, organizations, partners on the Vietnamese side, or foreign organizations in Vietnam terminate their operations.
– The employer or foreign worker doesn’t comply with the provisions of Decree 152/2020/ND-CP
– Foreign workers in the process of working in Vietnam don’t comply with Vietnamese laws, affecting security, social order, and safety.
Procedures for revocation of work permit
– In case the work permit expires:
Within 15 days after the work permit expires, the employer shall revoke the foreign worker’s work permit and submit it to the Ministry of Labor, War Invalids and Social Affairs, or the Department of Labor and War Invalids and the Social Affairs with a document stating the reason for the revocation.
– The other cases:
After issuing the work permit, The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall issue a decision to cancel the work permit. The employer needs to revoke the foreign worker work permit and return it to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs.
Within 05 working days from the date of receiving the revoked work permit, the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall issue a written certification of cancellation.
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