IN WHAT CASES WILL WORK PERMIT BE REVOKED?
QUESTION
Dear TLK Law Firm, I have a question and hope to hear from you as follows: In the near future, I will sign a labor contract with a foreigner working in Vietnam to meet the needs of the Company. So I want to know about cases where work permits are revoked to provide support for foreign workers as well as resolve related legal issues. Looking forward to your company's answer. Thank you!
RELATED ARTICLES
2. What are the conditions for foreign workers to work in Vietnam?
3. Fast and reputable service for applying/extending/re-issuing work permit
Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
2. Decree No. 152/2020/ND-CP issued by the Government 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working jobs for foreign organizations and individuals in Vietnam;
3. Other legal documents provide relevant guidance.
CONSULTATION CONTENT
In addition to the promising labor source available in our country, along with integration as well as meeting the demand for labor with qualifications, knowledge, and skills that Vietnamese workers have not yet met, people employers can recruit workers from abroad. For foreign workers who meet the conditions according to recruitment needs and want to work in Vietnam, they need to be granted a Work Permit, except in special cases. However, the Work Permit can be revoked due to its expiration or the foreign worker committing violations.
Next, we will answer your questions about In what cases will work permit be revoked through the following article:
Photo 1. In what cases will work permit be revoked?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO CASES OF REVOKING WORK PERMITS
1. What is a work permit?
Work permit is a type of permit issued to foreign workers working in Vietnam when they meet the following conditions:
(1) Be 18 years old or older and have full civil capacity;
(2) Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
(3) Not a person who is serving a sentence or has not had his or her criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law.
In short, when foreign workers want to work in Vietnam, they need to be granted a Work Permit, the maximum term of the Permit is 02 years, in case of extension, it can only be extended once for a maximum term.
2. In case of revocation of work permit
Cases of work permit revocation:
(1) Work permit expires according to the provisions of the 2019 Labor Code:
- Work permit has expired.
- Termination of labor contract.
- The content of the labor contract is not consistent with the content of the issued work permit.
- Working inconsistently with the contents of the issued work permit.
- Contracts in the fields that are the basis for giving rise to expired or terminated work permits.
- There is a written notice from the foreign party to stop sending foreign workers to work in Vietnam.
- Vietnamese enterprises, organizations, partners or foreign organizations in Vietnam that employ foreign workers terminate their operations.
(2) The employer or foreign worker does not comply with the regulations;
(3) Foreign workers do not comply with Vietnamese law while working in Vietnam, affecting social security, order and safety.
In short, when falling into the above cases, foreigners who have been granted a work permit to work legally in our country will have their Work Permit revoked.
3. How is work permit revocation carried out?
Case 1: Work permit expires
Within 15 days from the date the work permit expires, the employer revokes the foreign worker's work permit and submits it to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor and War Invalids. and The society that issued the work permit with a document clearly stating the reason for revocation, in case it is subject to revocation but cannot be revoked.
Case 2: The employer or foreign employee does not comply with regulations; Foreign workers who do not comply with Vietnamese laws while working in Vietnam affect security, order and social safety.
The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued the work permit shall issue a decision to revoke the work permit and notify the employer to revoke the work permit of the foreign worker and return it to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs that issued that work permit.
In short, in cases where foreign workers do not comply with labor laws or related laws, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs has issued of a work permit is responsible for proactively revoking the permit, but in other cases, it is done by the employer.
=> See more: What are the sanctions for doing international travel services without a license?
Photo 2. In what cases will work permit be revoked?_Hotline: 0972118764
II. SUMMARY OF THE ANSWER SECTION: IN WHICH CASE WILL YOUR WORK PERMIT BE REVOKED?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
The following cases will have your Work Permit revoked:
1. Work permit expires;
2. Employers or foreign workers do not comply with the regulations in Decree No. 152/2020/ND-CP;
3. Foreign workers who work in Vietnam do not comply with Vietnamese law, affecting security, order and social safety.
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the company providing the best legal services on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
=> See more: When is it necessary to apply for an international travel service business license? How long will it take?
IV. SOME QUESTIONS RELATED TO WORK PERMITS
Question 1: After the work permit is revoked, can I carry out the procedure to re-issue the permit?
Reply:
The answer is no.
Because according to regulations, a valid work permit is lost, damaged or has a change in surname, nationality, passport number, and work location listed in the valid work permit. As for the case of revocation, the foreign worker can only carry out the procedure to request a new Work Permit when meeting the prescribed conditions.
Question 2: Is a work permit a condition for foreign workers to be allowed to work in Vietnam?
Reply:
The answer is no.
A work permit is not a condition for foreign workers to be allowed to work in Vietnam because in the following cases, foreigners can work in Vietnam without a permit:
(1) Be an owner or capital contributing member of a limited liability company with capital contribution value according to Government regulations;
(2) Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with capital contribution value according to Government regulations;
(3) Be the Head of a representative office, project or be primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam;
(4) Entering Vietnam for less than 3 months to offer services;
(5) Entering Vietnam for a period of less than 03 months to handle incidents or complex technical and technological situations that affect or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle it;
(6) Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers;
(7) In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member;
(8) Foreigners married to Vietnamese people and living in Vietnamese territory;
(9) Other cases as prescribed by the Government.
In short, a work permit is one of the important conditions for foreign workers to work in Vietnam, however when they fall into the above exceptions, foreign workers can work in Vietnam without a License.
Question 3: How are foreign workers working in Vietnam without a work permit handled?
Reply:
Foreign workers must present their work permit when requested by a competent state agency. In cases where foreign workers operate in Vietnam but do not have a License, they will be forced to leave or deported according to the provisions of law on entry, exit, transit, and residence of foreigners in Vietnam.
=> See more: What are the conditions to be granted an international travel service business license?
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
Administrative Procedures Department - TLK Law Firm
WORK PERFORMED BY TLK LAW FIRM
1. Advise customers on all legal issues related to social life, individuals, organizations, businesses and investors.
2. Providing to customers, representing all legal services related to social life, individuals, organizations, businesses and investors.
INCENTIVES
1. Support customers in connecting and promoting trade during operations.
2. % discount on service fee when customers use the service for the second time.
3. Free legal advice on corporate law for one year (if you are an organization or business).
4. Care and free legal advice on tax and accounting laws for businesses within one year (if you are an organization or business).
5. Provide an internal business management system (if Customer is an organization or business).
LATEST PROMOTION POLICY HERE
We are always ready to be a dedicated companion and a solid legal fulcrum for our customers.
We wish our customers good health and prosperous development!
In case you need advice or use the service, please contact us with the information below:
TLK LAW FIRM
- Tel: +(84) 243 2011 747 Hotline: (+84) 97 211 8764
- Email: info@tlklawfirm.vn Website: tlklawfirm.vn
