Foreigners working without a work permit in Vietnam

A work permit is a legal document that allows a foreign national employee to work legally in Vietnam. Currently, the situation of foreign employees entering Vietnam to work “illegally” without a work permit is becoming more common. Hereinafter, Viet An Law will provide legal regulations related to foreigners working without a work permit in Vietnam.

Legal Basis

• The Labor Code 2019;
• Decree No. 152/2020/ND-CP regulating foreign employees working in Vietnam and the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam, amended and supplemented by Decree No. 70/2023/ND-CP.
• Decree No. 128/2025/ND-CP regulating the decentralization and delegation in state management in the field of internal affairs.
• Decree No. 12/2022/ND-CP on sanctioning administrative violations in the fields of labor, social insurance, and Vietnamese employees working abroad under contract.

Which cases require a work permit?

A work permit is one of the conditions for a foreign employee to work legally in Vietnam under Article 151 of the Labor Code 2019. The term of a work permit is a maximum of 02 years; in case of extension, it can only be extended once for a maximum term of 02 years.

To be granted a work permit, the employee needs to carry out the procedure for applying for a work permit in the order and manner prescribed in Decree No. 152/2020/ND-CP, amended and supplemented by Decree No. 70/2023/ND-CP.

Except for the cases not subject to work permit issuance under Article 154 of the Labor Code 2019, all foreign employees working in Vietnam must apply for a work permit.

How will foreigners working without a work permit in Vietnam be penalized?

According to Article 153 of the Labor Code 2019, a foreign employee working in Vietnam without a work permit will be forced to exit or be deported according to the law on entry, exit, transit, and residence of foreigners in Vietnam. An employer who uses a foreign employee working for them without a work permit will be handled according to the provisions of the law.

Thus, when a foreign employee works without a work permit, both the employee and the employer can be penalized. Specifically:

Penalties for foreigners working without a work permit in Vietnam

Penalties for the employee

• According to Clause 3, Article 32 of Decree No. 12/2022/ND-CP, a foreign employee working in Vietnam without a work permit or using an expired work permit will be fined from 15,000,000 VND to 25,000,000 VND.
• In addition, an employee without a work permit may also be subject to the supplementary penalty of deportation of the foreign employee working in Vietnam in accordance with the law on entry, exit, and transit. This is a much stricter penalty than the administrative fine mentioned above.

Penalties for the employer

According to Clause 4, Article 32 of Decree No. 12/2022/ND-CP, an employer who uses foreign employees working in Vietnam without a work permit or uses foreign employees with expired work permits may be subject to administrative sanctions at one of the following levels:

• From 30,000,000 VND to 45,000,000 VND for a violation involving from 01 to 10 people;
• From 45,000,000 VND to 60,000,000 VND for a violation involving from 11 to 20 people;
• From 60,000,000 VND to 75,000,000 VND for a violation involving 21 people or more.

Note on the new authority for issuing work permits for foreigners working in Vietnam.

Previously, the Ministry of Labor, Invalids and Social Affairs was the competent authority for approving the demand for using foreign employees, confirming exemption from work permits, issuing, reissuing, extending, and revoking work permits for foreign employees.

However, according to the new regulation in Article 8 of Decree No. 128/2025/ND-CP on the decentralization and delegation in state management in the field of internal affairs, from July 1, 2025, the authority for approving the demand for using foreign employees; confirming exemption from work permits; issuing, reissuing, extending, and revoking work permits for foreign employees will be carried out by the Chairman of the Provincial People’s Committee where the employee is expected to work.

New authority for issuing work permits

In cases where a work permit is not required, what procedures need to be carried out?

The cases where a work permit is not required are stipulated in Article 154 of the Labor Code 2019, with most of the exempt cases falling outside the private economic sector. Furthermore, some individuals must also carry out certain legal procedures to enter Vietnam, so a work permit is not required in order to reduce administrative procedures in this area.

Although they do not have to apply for a work permit, these individuals should note that they still need to carry out the procedure to apply for confirmation that the foreign employee is not subject to work permit issuance or the procedure of reporting to the state agency. If this procedure is not followed, especially in enterprises, administrative fines will still be applied similarly to the case of not having a legal work permit in Vietnam.

Confirmation that a foreign employee is not subject to work permit issuance

Cases requiring confirmation of exemption from a work permit

According to Article 8 of Decree No. 152/2020/ND-CP, amended and supplemented by Decree No. 70/2023/ND-CP, the following cases need to apply for confirmation that the foreign employee is not subject to work permit issuance:

• Being the Chief of a representative office, project, or primarily responsible for the operation of an international organization or foreign non-governmental organization in Vietnam.
• Entering Vietnam for a period of less than 3 months to handle incidents, complex technical or technological situations that arise and affect or threaten to affect production and business, which Vietnamese experts and foreign experts currently in Vietnam cannot handle.
• Cases as stipulated by international treaties to which the Socialist Republic of Vietnam is a member.
• Intra-corporate transferees within the scope of 11 service sectors in Vietnam’s schedule of specific commitments on services with the World Trade Organization.
• Entering Vietnam to provide expert and technical consulting services or perform other tasks for the research, construction, appraisal, monitoring, evaluation, management, and implementation of programs and projects using official development assistance (ODA) sources in accordance with regulations or agreements in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.
• Being granted a license by the Ministry of Foreign Affairs for information and press activities in Vietnam in accordance with the law.
• Being sent by a foreign agency or organization to Vietnam to teach or conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; at facilities and organizations established under agreements that Vietnam has signed or participated in.
• Entering Vietnam to implement an international agreement signed by a central or provincial agency or organization in accordance with the law.
• Students studying at schools or training institutions abroad with an internship agreement in agencies, organizations, or enterprises in Vietnam; apprentices and trainees on Vietnamese sea-going vessels.
• Holding an official passport to work for a state agency, political organization, or socio-political organization.
• Being the person responsible for establishing a commercial presence.
• Being confirmed by the Ministry of Education and Training as a foreign employee entering Vietnam for teaching or research purposes.

Dossier for confirmation of exemption from a work permit

• A written request for confirmation that the foreign employee is not subject to work permit issuance.
• A health certificate or medical examination certificate issued by a competent foreign or Vietnamese health authority or organization, valid for 12 months from the date of the health conclusion to the date of dossier submission, or a certificate of being fit for work as prescribed by the Minister of Health.
• A written approval of the demand for using foreign employees, except for cases where it is not required to determine the demand for using foreign employees.
• A certified copy of a valid passport as prescribed by law.
• Documents proving that the foreign employee is not subject to work permit issuance.

Method of implementation

• The employer requests the Chairman of the Provincial People’s Committee where the foreign employee is expected to work to confirm that the foreign employee is not subject to work permit issuance at least 10 days before the foreign employee’s expected start date of work.
• Within 05 working days from the date of receiving a complete dossier requesting confirmation of exemption from a work permit, the Chairman of the Provincial People’s Committee shall issue a written confirmation of exemption from a work permit according to Form No. 10/PLI Appendix I of Decree No. 152/2020/ND-CP. In case of non-confirmation, a written reply stating the reason shall be provided.

Reporting to the state agency

Cases requiring reporting

According to Article 8 of Decree No. 152/2020/ND-CP, amended and supplemented by Decree No. 70/2023/ND-CP, the following individuals are not required to carry out the procedure for confirmation of exemption from a work permit but must report to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign employee is expected to work:

• Entering Vietnam for a period of less than 03 months to offer services.
• Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
• Being a foreigner married to a Vietnamese citizen and residing in the territory of Vietnam.
• Being the owner or a capital-contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
• Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
• Entering Vietnam to work in the position of a manager, executive director, expert, or technical worker with a working period of less than 30 days and not more than 03 times in 01 year.
• Relatives of members of foreign representative agencies in Vietnam.

Method of implementation

The employer reports to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign employee is expected to work, providing the following information: full name, age, nationality, passport number, name of the foreign employer, start date, and end date of work at least 3 working days before the foreign employee’s expected start date of work in Vietnam.

Work permit application services of Viet An Law

• Legal consultation on work permits for foreigners in Vietnam;
• Drafting documents, papers, and dossiers required to apply for a work permit;
• Representing enterprises and employees to carry out the procedures for applying for a work permit at the competent state agency;
• Regular legal consultation after the work permit is granted, such as applying for a temporary residence card for foreign employees.

The above is the legal consultation content of Viet An Law related to cases of foreigners working without a work permit in Vietnam that we have received from clients. If you have any questions or need legal assistance regarding Work Permits, please contact Viet An Law for the best support.