Foreign workers caught working without a work permit in Vietnam face fines of VND 15-25 million plus mandatory deportation under Clause 3, Article 32 of Decree 12/2022/ND-CP. Employers are penalized based on scale: VND 30-45 million (1-10 workers), VND 45-60 million (11-20 workers), or VND 60-75 million (21+ workers) – with organizations paying double individual rates. An expired permit equals no permit: identical penalties apply with no grace period. As of August 7, 2025, Decree 219/2025/ND-CP introduces 15 exemption categories, a 90-day short-term work rule, and streamlined processes with 10-day permit issuance (down from 20 days previously).
What Are the Penalties for Foreign Workers Without Work Permits?
Foreign workers operating without valid work permits or using expired permits face fines of VND 15-25 million (approximately USD 588-980) under Clause 3, Article 32, Decree 12/2022/ND-CP. Beyond monetary penalties, Clause 5 of the same Article mandates deportation as a supplementary punishment.
Legal Foundation
According to Decree 12/2022/ND-CP on administrative penalties in labor matters:
Article 32, Clause 3: “A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed on foreign workers working in Vietnam without a work permit or with an expired work permit.”
Article 32, Clause 5: In addition to monetary fines, violators “may be subject to the supplementary penalty of deportation of the foreign worker working in Vietnam in accordance with the law on entry, exit, and transit.”
Do Expired Permits Equal No Permit?
Yes, expired work permits are treated identically to having no permit – there is no “grace period” or “transition window.” Article 32, Clause 3 explicitly applies to both:
- Working without a work permit
- Working with an expired work permit
Work permits expire at 23:59:59 on the date printed on the permit. From 00:00:00 the following day, workers are operating illegally and subject to full penalties.
How Does Deportation Work?
Deportation is a mandatory penalty under Article 153 of the 2019 Labor Code: “Foreign workers working in Vietnam without a work permit shall be forced to exit or be deported in accordance with the law on entry, exit, and transit of foreigners.”
Critical note: Deportation is enforced by immigration authorities, not labor departments. After violation discovery, workers typically face:
- Required payment of monetary fines
- Deportation processing under immigration law
- Potential re-entry restrictions (case-dependent)
What Penalties Do Employers Face for Hiring Workers Without Permits?
Employers hiring foreign workers without valid work permits face scaled penalties: VND 30-45 million (1-10 workers), VND 45-60 million (11-20 workers), or VND 60-75 million (21+ workers) under Clause 4, Article 32, Decree 12/2022/ND-CP. When violators are organizations (companies, enterprises), fines are doubled per Clause 1, Article 6.
Detailed Employer Penalty Table
| Number of Violating Workers | Individual (VND) | Organization (VND) |
|---|---|---|
| 1-10 workers | 30-45 million | 60-90 million |
| 11-20 workers | 45-60 million | 90-120 million |
| 21+ workers | 60-75 million | 120-150 million |
Legal Foundation
Article 32, Clause 4, Decree 12/2022/ND-CP:
“A fine shall be imposed on employers using foreign workers working in Vietnam without work permits or certificates confirming exemption from work permit requirements, or using foreign workers with expired work permits or expired exemption certificates, as follows:
a) A fine of between VND 30,000,000 and VND 45,000,000 for violations involving 01 to 10 persons;
b) A fine of between VND 45,000,000 and VND 60,000,000 for violations involving 11 to 20 persons;
c) A fine of between VND 60,000,000 and VND 75,000,000 for violations involving 21 persons or more.”
Why Do Organizations Pay Double?
Article 6, Clause 1, Decree 12/2022/ND-CP explicitly states:
“The fines prescribed in Chapters II, III and IV of this Decree are fines for individuals… Fines for organizations shall be double the fines for individuals.”
Practical example:
- Company A (organization) hires 5 foreign workers without permits
- Individual fine range: VND 30-45 million
- Organization fine: VND 60-90 million (double)
Consequences Beyond Monetary Fines
Employers may also face:
- Business suspension: Labor authorities may order temporary cessation of operations
- Tax audits: Tax authorities typically conduct comprehensive audits when labor violations surface
- Criminal liability: Legal representatives may face criminal prosecution for serious violations
- Reputational damage: Public disclosure of violations can impact foreign partnership opportunities
To understand broader labor rights and obligations for foreign workers in Vietnam, see Vietnam Labor Code for Foreign Teachers.
Are There Penalties for Lost Work Permits?
No, losing a work permit does not incur penalties if proper reissuance procedures are followed. Employers must report the loss to commune-level police within 5 days and submit reissuance applications to the work permit authority. Processing time: 5 working days after receiving complete documentation.
Work Permit Reissuance Process
According to Decree 152/2020/ND-CP (amended by Decree 70/2023/ND-CP):
Step 1: Report the Loss (within 5 days)
- Employer prepares loss report
- Submits to commune-level police where loss occurred
- Receives loss confirmation certificate
Step 2: Prepare Reissuance Documents
- Work permit reissuance application (Form 11/PLI)
- Copy of valid passport
- Police loss confirmation (if lost in Vietnam) OR confirmation from competent foreign authority (with consular legalization)
- Valid health certificate
- 02 photos 4x6cm (taken within 6 months)
Step 3: Submit Application
- Submit to Department of Labor, Invalids and Social Affairs or Ministry of Labor, Invalids and Social Affairs (depending on case)
- Authority issues replacement within 5 working days
Can Workers Work While Awaiting Reissuance?
No. During the reissuance waiting period, workers cannot work legally. Continuing work will be considered “working without a work permit” and subject to VND 15-25 million fines + deportation.
Practical solution: Employers typically grant paid leave or assign administrative duties unrelated to core job functions during the reissuance period.
Are Labor Contracts With Unpermitted Workers Valid?
No, labor contracts signed with foreign workers lacking work permits are void under Article 11, Decree 152/2020/ND-CP. However, workers retain wage rights for work actually performed and maintain access to labor dispute resolution mechanisms.
Legal Foundation
Article 11, Decree 152/2020/ND-CP (amended by Decree 70/2023/ND-CP):
“Labor contracts concluded with foreign workers without work permits or certificates confirming exemption from work permit requirements as prescribed in this Decree are null and void.”
What Rights Do Workers Retain?
Despite contract invalidity, workers maintain certain fundamental protections:
1. Right to Wages
- Workers receive wages for work actually performed
- “Invalid contract” cannot justify non-payment
- Wages calculated per agreement or market rates for comparable work
2. Right to Labor Dispute Resolution
- Can request labor authority mediation
- Can file lawsuits if mediation fails
- Courts accept jurisdiction over wage and working condition disputes
3. Right to Compensation (when applicable)
- If employer’s fault caused damages
- Example: failure to fulfill promised work permit support
What Risks Do Employers Face?
Despite contract invalidity, employers must:
- Pay full wages to workers
- Pay fines of VND 30-75 million (depending on worker count)
- Bear liability for all arising damages
- Cannot demand workers return any disbursed amounts
Do Teachers Face Different Penalties for Working Without Permits?
No, foreign teachers working without work permits face identical penalties to other occupations: VND 15-25 million + mandatory deportation. Vietnamese law does not differentiate penalty levels by occupation – all foreign workers operating without permits face uniform penalties under Article 32, Decree 12/2022/ND-CP.
Why Do Many Believe Teachers Get “Exceptions”?
This misconception stems from:
- High demand: Vietnam’s substantial need for foreign language teachers creates false assumptions of “leniency”
- Historical lax enforcement: Pre-2020, work permit inspections for teachers were less stringent
- Qualification confusion: Teachers have specific qualification requirements (TESOL, CELTA), but still require work permits
Do Teachers Face Higher Inspection Risk?
Yes, teachers face elevated risk due to:
1. Periodic School Inspections
- Department of Education & Training regularly inspects private schools
- Complete foreign teacher rosters must be reported
- Work permit copies must be presented during inspections
2. Parent Reports
- Parents may file complaints if questioning teacher credentials
- Authorities inspect immediately upon receiving complaints
3. Private Tutoring Remains Illegal
- Many teachers assume home tutoring “doesn’t require permits”
- Critical error: Tutoring constitutes “income-generating work” requiring work permits
- If discovered: VND 15-25 million fine + deportation + hiring families may face penalties
What Work Permit Exemptions Exist Under Decree 219/2025?
Decree 219/2025/ND-CP, effective August 7, 2025, establishes 15 exemption categories including: capital contributors with VND 3+ billion invested, board members, licensed foreign journalists, dependents of diplomatic staff, and those working under 90 days annually. Most exemptions still require written confirmation from authorities at least 3 working days before work commencement.
Complete Exemption Categories (Article 7, Decree 219/2025)
Category 1-7: Ownership & Management Roles
- Owners/capital contributors to limited companies (minimum VND 3 billion)
- Board of Directors members/chairpersons of joint-stock companies (minimum VND 3 billion)
- Chief representatives of representative offices
- Project directors
- Heads of international organizations/foreign NGOs in Vietnam
Category 8-11: Specialized Professionals 6. Foreign lawyers licensed to practice in Vietnam 7. Foreign journalists granted press practice certificates by Ministry of Foreign Affairs 8. Those providing ODA-related consulting services under international agreements 9. Managers/directors/teachers at international schools under diplomatic missions
Category 10-15: Special Circumstances 10. Foreigners married to Vietnamese citizens residing in Vietnam 11. Intra-corporate transferees (11 WTO service sectors) 12. Emergency technical experts (resolving incidents Vietnamese experts cannot handle) 13. Workers entering under international agreements with central/provincial authorities 14. NEW: Finance, science, technology, innovation, digital transformation specialists confirmed by ministries 15. NEW: Managers/directors/experts/technical workers entering for under 90 days annually (measured January 1 – December 31)
Do Exempt Workers Need Any Documentation?
Yes, most exemptions require confirmation, though procedures differ:
Confirmation Required (10 days before work starts):
- Submit Form 09/PLI to Department of Home Affairs
- Receive written confirmation of exemption
- Confirmation valid for maximum 2 years
Notification Only (3 days before work starts):
- Short-term service providers (under 3 months)
- Emergency technical specialists
- Foreign lawyers with practice licenses
- Foreigners married to Vietnamese citizens
- 90-day short-term workers
Planning to apply for a work permit? Understand processing timelines at Vietnam Visa Processing Times.
How Can Foreign Workers Avoid Work Permit Violations?
Avoiding work permit violations requires 6 critical compliance steps: verify employer legitimacy, apply 60-90 days in advance, set expiration reminders, carry permit copies always, respect location restrictions, and never work on tourist visas – even 1 hour per week constitutes illegal employment.
6-Step Compliance System
Step 1: Verify Employer Legitimacy
Before accepting any job offer, confirm:
- Employer has valid business registration
- Company legally authorized to hire foreign workers
- Employer has filed foreign worker demand reports
- Written commitment exists for work permit processing support
Red flags:
- “We’ll handle the permit after you start working”
- “Tourist visa is fine for the first few months”
- “We can’t provide written contracts yet”
Step 2: Apply 60-90 Days in Advance
Under Decree 219/2025 (effective August 7, 2025):
- Applications accepted 60 days before to 10 days before expected work start
- Total processing time: 10 working days (down from 20 days under previous regulations)
- Add buffer time for document preparation: 30-45 days for foreign document legalization
Timeline example:
- Work start date: October 1
- Application deadline: September 21 (10 days before)
- Optimal submission: August 1-15 (45-60 days buffer)
Step 3: Set Expiration Reminders
Work permits are valid for maximum 2 years and renewable once only for another 2 years:
- Set calendar alerts 90 days before expiration
- Begin renewal 45-60 days before expiration
- Renewal window: 5-45 days before expiration
- Critical: Working even 1 day after expiration = full penalties
Step 4: Carry Permit Copies Always
Article 153, Labor Code 2019 requires:
- Workers must present work permits upon request by competent authorities
- Keep copies at workplace
- Carry digital/physical copies when traveling domestically
Inspection scenarios:
- Labor inspections at workplace
- Hotel check-ins (some provinces require permits)
- Police traffic stops (if carrying work equipment)
- Bank account opening, lease signing
Step 5: Respect Location Restrictions
Work permits specify province/city where work is permitted:
Single location permit:
- Cannot work in other provinces without authorization
- Employer must notify authorities 3 days before work at new locations
- Violation penalty: same as working without permit
Multiple location permit (under Decree 219/2025):
- One permit valid for multiple provinces
- Employer notifies each province 3 days before worker arrives
- No additional permits required
Step 6: Never Work on Tourist Visas
Critical rule: Tourist visas never authorize work, even part-time or unpaid:
- Teaching 1 hour per week = illegal employment
- “Volunteering” with accommodation/meals provided = illegal employment
- Remote work for foreign employers from Vietnam = gray area (consult legal experts)
- Online tutoring from Vietnam = considered employment
What Should Foreign Workers Do If Caught Without Permits?
If caught working without a work permit, immediately: contact your embassy, prepare to pay the VND 15-25 million fine, cooperate with deportation procedures, and understand that re-entry restrictions may apply depending on violation severity. Do not attempt to flee or hide – this escalates penalties and complicates future visa applications.
Immediate Action Protocol
Step 1: Contact Your Embassy Immediately
Your embassy can:
- Provide consular assistance during proceedings
- Explain your rights under international agreements
- Recommend qualified legal counsel
- Facilitate communication with family
- Assist with emergency travel documents if needed
Step 2: Prepare for Fine Payment
Vietnamese authorities typically require:
- Fine payment in Vietnamese Dong (cash or bank transfer)
- Payment within specified timeframe (usually 10-30 days)
- Official payment receipt for your records
Payment options:
- Direct to sanctioning authority’s bank account
- Cash payment at authority offices
- Through legal representative (if appointed)
Step 3: Cooperate With Deportation
Deportation typically involves:
- Voluntary departure within specified timeframe (when possible)
- Escort deportation for serious violations
- Exit stamp noting deportation in immigration database
Critical: Deportation is recorded in immigration systems, not necessarily passport stamps. This record may affect:
- Future visa applications to Vietnam
- Visa applications to other countries (some conduct reciprocal information sharing)
- Background checks for future employment
Step 4: Understand Re-Entry Implications
While specific entry ban durations for work permit violations are not explicitly codified in publicly available regulations, violators may face:
- Visa application scrutiny on future visits
- Possible denial of visa applications
- Extended processing times
- Additional documentation requirements
Note: Immigration authorities maintain discretion in assessing entry eligibility. Consultation with qualified immigration lawyers is recommended before attempting re-entry.
Frequently Asked Questions About Work Permits in Vietnam
Can I Work While My Work Permit Application Is Processing?
No, you cannot work legally while your work permit application is pending. Article 151 of the 2019 Labor Code requires foreign workers to hold valid work permits before commencing work. There is no “temporary authorization” or “provisional work status” during processing.
Practical implications:
- Total processing: 10 working days (under Decree 219/2025, effective August 7, 2025)
- Employers must plan hiring timelines accordingly
- Workers should not resign from previous positions until permit is issued
- If caught working during processing: VND 15-25 million fine + deportation
If My Employer Is Penalized, Am I Also Liable?
Yes, both employer and worker face independent penalties. Decree 12/2022/ND-CP imposes separate sanctions:
Worker penalties (Article 32, Clause 3):
- Fine: VND 15-25 million
- Supplementary penalty: Deportation
Employer penalties (Article 32, Clause 4):
- Fine: VND 30-75 million (individuals) or VND 60-150 million (organizations)
- Additional consequences: business suspension, tax audits, criminal liability
Both parties are penalized simultaneously – neither payment exempts the other from sanctions.
Can I Work Remotely for a Foreign Company From Vietnam Without a Permit?
Legal gray area. Current Vietnamese labor law does not explicitly address remote work for foreign employers conducted from Vietnam. Different interpretations exist:
Conservative legal interpretation:
- Any “work” performed while physically in Vietnam constitutes employment in Vietnam
- Requires work permit regardless of employer location
- Safest approach for long-term residents
Practical enforcement reality:
- Authorities rarely inspect home-based remote workers
- No established enforcement mechanisms for purely online work
- Detection typically occurs through visa overstays, not work permit audits
Recommended approach:
- Consult qualified immigration lawyers for case-specific guidance
- If planning long-term residence: obtain proper work authorization
- If short-term (tourism-length stays): consult legal counsel on specific circumstances
Can I Transfer My Work Permit to a New Employer?
No, work permits are not transferable between employers. Under Decree 152/2020/ND-CP (amended by Decree 70/2023), work permits are issued for:
- Specific employer
- Specific job position
- Specific location
When changing employers:
- Current permit becomes invalid upon employment termination
- New employer must apply for new work permit
- Complete application process must be repeated
- Cannot work during processing of new permit
Timeline for changing employers:
- Resign from Company A
- Company A reports employment termination (within 7 days)
- Company B begins new application (60-10 days before start date)
- Processing: 10 working days
- Total gap: minimum 2-3 weeks without legal work authorization
What Is the Relationship Between Work Permits and Visas?
Work permits and visas are separate but interdependent documents – both are required simultaneously:
Work Permit:
- Issued by: Department of Home Affairs (under Decree 219/2025)
- Authorizes: Employment in Vietnam
- Validity: Up to 2 years, renewable once
Work Visa (DN/LD visa):
- Issued by: Immigration authorities
- Authorizes: Entry and residence in Vietnam
- Validity: Typically matches work permit duration
- Requires: Valid work permit for issuance
Critical relationship:
- Cannot obtain work visa without work permit
- Cannot work on tourist visa even with work permit
- Both must remain valid throughout employment
- Both expire independently (monitor both expiration dates)
Temporary Residence Card (TRC):
- Alternative to visa for work permit holders
- Validity: 1-5 years
- Eliminates need for visa renewals
- Requires work permit with minimum 1 year validity
Need help navigating Vietnam’s complex work permit system? Stay updated on the latest immigration policies, renewal deadlines, and compliance requirements with our comprehensive guides for foreign teachers and education professionals.
Explore Updates & Long-Term Planning Resources
Working without a valid work permit in Vietnam carries severe consequences: VND 15-25 million fines for workers, VND 30-150 million penalties for employers, and mandatory deportation for violators. With Decree 219/2025’s streamlined 10-day processing and expanded 15 exemption categories (effective August 7, 2025), compliance has never been more accessible.
Foreign workers must apply 60-90 days in advance, monitor expiration dates vigilantly, and understand that expired permits equal no permits – there is no grace period. Tourist visas never authorize employment, even part-time work. Both workers and employers face independent penalties, and contract invalidity does not exempt either party from sanctions.
The simplified processes under Decree 219/2025 remove most barriers to compliance: integrated applications, 90-day short-term exemptions, and provincial-level authority delegation. With proper planning and professional guidance, foreign workers can build rewarding careers in Vietnam while maintaining full legal compliance.
