VIOLATIONS OF FOREIGN WORKERS IN VIETNAM, SOME COMMON ACTS

Vietnam, with its rapid economic development and integration into the world economy, has become an attractive destination for many foreign workers looking for work opportunities. However, to ensure this activity takes place legally and effectively, both foreign workers and local enterprises must comply with relevant regulations and procedures. During the working process, it is necessary to pay close attention to avoid violations by foreign workers in Vietnam.

1.         Some issues foreign workers need to pay attention to

–           Labor contract.

–           Labor regulations, including labor rights and obligations, working time, salary…

–           Work permit.

–           Entry and exit of foreign workers (visa, temporary residence card).

–           Tax and social insurance.

–           Labor safety policy.

–           Relevant legal regulations to be updated from time to time.

2.         Foreign workers in Vietnam with common violations

a.         Violations of foreign workers on work permits

–           A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for violations by foreign workers  in Vietnam, specifically the following acts:

+          Working without a work permit or without a written confirmation for not subject to a work permit as prescribed by laws;

+          Using an expired work permit or written confirmation for not subject to a work permit.

For the violations by foreign workers above, the subjects may be deported as an additional penalty according to current regulations.

>> DO NON-RESIDENT INDIVIDUAL HAVE TO PAY PERSONAL INCOME TAX? https://linconlaw.vn/do-non-resident-individual-have-to-pay-personal-income-tax/

>> OUTWARD INVESTMENT REGISTRATION CERTIFICATES https://linconlaw.vn/outward-investment-registration-certificates/

b.         Violations by foreign workers on exit, entry and residence

–           A warning or a fine ranging from VND 300,000 to 500,000 shall be imposed on foreigners traveling in the Vietnamese territory without carrying their passports, travel documents, papers of international travel value, papers issued to foreigners entering, exiting, residing in Vietnam or ABTC cards.

–           Fine ranging from 500,000 VND to 2,000,000 VND for one of the following acts:

+          Failure to notify competent authorities about the loss or damage of documents issued to foreigners entering, leaving, or residing in Vietnam or ABTC cards;

+          Untruthful declaration to obtain documents for foreigners to enter, exit, or reside in Vietnam or ABTC card;

+          Foreigners entering government areas requiring a permit without a permit or traveling beyond the permitted scope and time limit;

+          Do not present passports, laissez-passers, documents valid for international travel, documents issued to foreigners entering, leaving, or residing in Vietnam or ABTC cards when competent agencies or persons Vietnam’s requirements;

+          Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards in Vietnam for a period of less than 16 days without permission from a competent authority.

–           Fine ranging from 3,000,000 VND to 5,000,000 VND for one of the following acts:

+          Crossing national borders without completing exit and entry procedures as prescribed by laws;

+          Destroying, erasing, deleting, modifying or falsifying the form and content of documents issued to foreigners entering, exiting or residing in Vietnam or ABTC cards;

+          Giving, giving, renting, leasing, pledging documents issued to foreigners entering, exiting, and residing in Vietnam or ABTC cards;

+          Allowing others to use documents issued to foreigners entering, leaving, or residing in Vietnam or ABTC cards to commit acts contrary to the provisions of laws;

+          Using documents issued to foreigners entering, exiting, or residing in Vietnam or another person’s ABTC card to enter, exit, transit, reside or to commit other illegal acts;

+          Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards in Vietnam for more than 16 days to less than 30 days without permission from a competent authority;

+          Foreigners who have been issued a permanent residence card but change their address but do not declare to re-issue; Foreigners entering border gate economic zones and coastal economic zones under visa exemption to go to other locations in Vietnam without a Vietnamese visa according to the provisions of laws;

–           Fine ranging from 5,000,000 VND to 10,000,000 VND for one of the following acts:

+          Using fake papers issued to foreigners entering, exiting or residing in Vietnam or fake ABTC cards;

+          Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards in Vietnam for more than 30 days to less than 60 days without permission from a competent authority.

–           Fine from 10,000,000 VND to 15,000,000 VND for one of the following acts:

+          Foreigners enter, practice or engage in other activities in Vietnam without permission from competent Vietnamese authorities;

+          Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not issue permanent residence cards for more than 60 days to less than 90 days without permission from a competent authority;

+          Buy and sell documents issued to foreigners entering, exiting, and residing in Vietnam or ABTC cards.

–           Fine ranging from 15,000,000 VND to 20,000,000 VND for one of the following acts:

+          Foreigners entering the country for improper purposes or programs have requested a visa, temporary residence card or extension of temporary residence;

+          Forging documents and papers to obtain documents issued to foreigners entering, leaving, or residing in Vietnam or ABTC cards;

+          Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards for more than 90 days or more without permission from a competent authority;

–           Fine ranging from 30,000,000 VND to 40,000,000 VND for one of the following acts:

+          Forging documents issued to foreigners entering, leaving, or residing in Vietnam or ABTC cards;

+          Entering or staying at an embassy, ​​consulate, diplomatic representative agency, consular office or headquarters of an international agency or organization located in Vietnam without permission of that agency or organization;

+          Foreigners residing in areas where foreigners are prohibited from residing;

+          Foreigners who do not comply with the competent authority’s decision to force them to leave Vietnam and continue to reside in Vietnam.

Violations by foreign workers in Vietnam, depending on the severity, may result in deportation as an additional form of punishment.