Revocation of a work permit is an important legal issue for enterprises employing foreign workers. The cases of work permit revocation in Vietnam (2026) usually relate to the termination of a labor contract, working in a position not granted in the permit, violations of regulations on granting work permits, or the enterprise ceasing operations. Currently, the revocation of a work permit in Vietnam is mainly regulated by the Labor Code 2019 and Decree No. 219/2025/ND-CP of the Government. Understanding the cases of work permit revocation in Vietnam helps enterprises proactively comply with the law, minimize risks in the process of using foreign workers, and simultaneously ensure the legitimate rights and interests of workers.
A work permit in Vietnam is a document issued by a competent state agency to foreign workers to work legally in Vietnam. This is a mandatory condition for many cases of foreigners working at enterprises and organizations in Vietnam according to the provisions of the Labor Code.
A work permit revocation is understood as the competent state agency or the employer carrying out procedures to terminate the validity of the work permit granted to the foreign worker and returning that permit to the issuing agency in cases prescribed by law.
The withdrawal of work permit is usually associated with the foreign worker no longer being eligible to continue working in Vietnam or the arising of legal grounds that terminate the validity of the permit.
| Criteria | Work permit revocation | Expiration of work permit | Reissuance of work permit |
|---|---|---|---|
| Nature | Competent agency or employer collects the permit | Work permit expires | Granting a new permit to replace the old one |
| Cases | – Work permit expires according to Clauses 2, 3, 4, 5, 6 and 7, Article 156 of the Labor Code 2019.
– Employer/Employee fails to comply with regulations on granting, reissuing, and extending work permits. – Employees are prosecuted or examined for penal liability. (Article 30 Decree 219/2025/ND-CP) |
Work permit expires (Clause 1, Article 156 Labor Code 2019) | – The valid work permit is lost or damaged and cannot be used.
– Changing one of the contents recorded in the valid work permit: full name; nationality; passport number; changing the name of the employer without changing the employer’s identification code. (Article 23 Decree 219/2025/ND-CP) |
| Legal consequences | Must return the permit to the issuing agency | Can extend the work permit | Continue to work legally |
| Dossier components | Clause 1, Article 31 Decree 219/2025/ND-CP | Article 27 Decree 219/2025/ND-CP | Article 24 Decree 219/2025/ND-CP |
| Resolution procedure | Return within 15 days from the date the work permit loses its validity | – At least 10 days but not more than 45 days before the work permit expires, must submit an application for extension.
– Extend work permit within 10 working days |
Reissuance of work permit within 03 working days |
Cases of work permit revocation in Vietnam (2026)
According to Article 30 of Decree No. 219/2025/ND-CP, there are 03 groups of cases where they revoke work permit Vietnam as follows:
Clause 1, Article 30 of Decree 219/2025/ND-CP stipulates that a work permit is revoked when it falls into one of the cases of invalidity according to Clauses 2, 3, 4, 5, 6 and 7, Article 156 of the Labor Code 2019, including:
This is the most common group of cases in practice.
According to Clause 2, Article 30 of Decree 219/2025/ND-CP, a work permit will be revoked when: The employer or the foreign worker fails to properly implement regulations on granting, reissuing, and extending work permits.
This provision can be applied to cases of using incorrect dossiers, declaring inaccurate information, or implementing administrative procedures not in accordance with the sequence prescribed by law.
Clause 3, Article 30 of Decree 219/2025/ND-CP stipulates: Foreign workers, while working in Vietnam, failing to comply with the provisions of Vietnamese law and being prosecuted or examined for penal liability.
In this case, the agency that issued the work permit has the right to issue a decision to revoke work permit Vietnam to serve the management of labor and immigration.
Clause 4, Article 156 of the Labor Code 2019 stipulates that a work permit is invalid when a foreign worker “Works incorrectly with the contents of the issued work permit”. This is one of the cases to cancel work permit in Vietnam according to Clause 1, Article 30 of Decree 219/2025/ND-CP.
Example:
According to Clause 7, Article 156 of the Labor Code 2019, a work permit ceases to be valid when “the enterprise, organization, Vietnamese partner, or foreign organization in Vietnam employing foreign workers ceases operations”.
Therefore, when the enterprise dissolves, goes bankrupt, or legally ceases operations, the work permit of the foreign worker is no longer valid.
According to Clause 1, Article 31 of Decree 219/2025/ND-CP, within 15 days from the date the work permit loses its validity, the employer must collect the work permit to return it to the issuing agency, along with a written report on the withdrawal of work permit.
Clause 2, Article 156 of the Labor Code 2019 stipulates that the work permit loses validity in the case of labor contract termination.
Thus, when the employment relationship between the enterprise and the foreign worker ends, the work permit granted to that worker also loses its validity.
According to Clause 1, Article 31 of Decree No. 219/2025/ND-CP, within 15 days from the date the work permit ceases to be valid, the employer is responsible for revoking the work permit to return it to the issuing agency along with a written report. If it cannot be revoked, the reason must be clearly stated.
Therefore, after a foreign worker quits, the enterprise not only carries out the procedure to terminate the contract but also has the obligation to cancel work permit in Vietnam and return the work permit according to regulations.
Clause 2, Article 30 of Decree No. 219/2025/ND-CP stipulates that a work permit is revoked when “the employer or the foreign worker fails to comply with regulations on the issuance, reissuance, and extension of work permits”.
In reality, the use of fake diplomas and certificates; incorrect consular legalization; untruthful declarations about work experience; incorrect declarations of job titles or other important information to be granted a work permit can all be considered for revocation.
Besides having the work permit revoked, violating organizations and individuals may also be subject to administrative sanctions or penal liability depending on the nature and severity of the violation.
According to Clause 2, Article 31 of Decree No. 219/2025/ND-CP, the competent agency that issued the work permit will issue a decision to revoke the work permit.
Depending on each case, the competent agency issuing and revoking the work permit can be:
Depending on the cases of revocation, the procedure is carried out under two different mechanisms.
How is the procedure to revoke a work permit carried out?
According to Clause 1, Article 31 of Decree No. 219/2025/ND-CP:
According to Clause 2, Article 31 of Decree No. 219/2025/ND-CP:
Currently, Decree No. 12/2022/ND-CP on sanctioning administrative violations in the labor sector does not specifically stipulate a penalty act for failing to return an expired or revoked work permit.
However, failure to perform the obligation to collect and return the work permit according to Article 31 of Decree No. 219/2025/ND-CP can be recorded by the labor management agency as non-compliance with regulations on foreign labor management.
In practice, failure to fully perform this obligation may affect the enterprise’s process of resolving subsequent foreign labor dossiers.
Current laws do not stipulate that all cases of work permit revocation are banned from re-application or new issuance in the future.
However, the ability to be granted a new work permit depends on the cause of the revocation.
Example:
Not all cases of work permit revocation require immediate exit.
However, the revocation of a work permit can directly affect:
After the work permit is revoked, foreign workers need to review their residence status and carry out appropriate procedures in accordance with the law on entry, exit, transit, and residence of foreigners in Vietnam.
In case of transferring to work for another enterprise, the worker needs to carry out procedures to apply for a new work permit and adjust related residence documents.
During the employment of foreign workers, many FDI enterprises commit violations leading to the risk of having their work permits revoked, including:
According to Clause 1, Article 31 of Decree No. 219/2025/ND-CP, within 15 days from the date the work permit loses its validity, the employer must collect and return the work permit to the issuing agency.
Losing a work permit and revoking a work permit are two completely different issues. In case of losing a work permit, the employer can carry out procedures for reissuance according to regulations if there is still a need to use it.
A work permit is one of the important bases for issuing a labor visa and a temporary residence card for foreigners. Therefore, the revocation of a work permit can affect the right to legal residence in Vietnam.
After terminating the labor relationship with the old enterprise, the foreign worker can be recruited by a new enterprise and carry out procedures to apply for a new work permit as prescribed.
Yes, if they still fully meet the conditions for working in Vietnam, and the cause of revocation does not fall into cases of serious violations causing the competent agency to refuse to issue a work permit the next time.
If clients have any questions related to the cases of work permit revocation in Vietnam (2026) or legal issues on employing foreign workers in Vietnam, please contact Viet An Law Firm to be supported quickly, accurately, and effectively by lawyers and legal specialists.
