Penalties for Working Without a Work Permit in Vietnam (2026)

The penalties for working without a work permit in 2026 are a matter of great concern for many businesses and foreign workers in Vietnam. According to current regulations, foreigners working in Vietnam without a work permit or not being exempt from work permit requirements or without a work permit extension may face fines for working without a work permit, forced termination of employment and even deportation from Vietnam. Simultaneously, businesses employing foreign workers without work permits also risk fines of up to tens of millions of VND. So, how about penalties for working without a work permit in Vietnam (2026)? What should businesses and workers be aware of to avoid violations? This article by Viet An Law Firm will provide a detailed analysis of the latest regulations.

Overview of penalties for working without a work permit in Vietnam 2026

Fines for working without a work permit

Are foreigners required to have a work permit?

According to Clause 1, Article 151 of the 2019 Labor Code, foreign workers in Vietnam must meet the conditions stipulated by law, including the requirement to have a work permit, except for cases work permit exemption certificate as stipulated in Article 154 of the 2019 Labor Code, amended in 2025, and Article 7 of Decree 219/2025/ND-CP.

Therefore, in principle, foreigners working in Vietnam must be granted a work permit or have written confirmation that they are not subject to work permit requirements before starting work.

Working without a work permit or work permit exemption certificate is considered a violation of labor law.

Detail penalty for not having a work permit in 2026 for foreign workers

According to Clause 3, Article 32 of Decree 12/2022/ND-CP on administrative penalties in the field of labor, a foreign worker penalty in Vietnam without a work permit will be fined from VND 15.000.000 to VND 25.000.000 if they fall into one of the following cases:

Working without a work permit

Foreign workers working in Vietnam but:

• Do not have a work permit; or
• Do not have a document confirming they are not subject to work permit requirements.

Using an expired work permit

Foreign workers continue working when:

• The work permit has expired and has not been renewed;
• The document confirming they are not subject to work permit requirements has expired.

Therefore, not only the case of not having a work permit but also the case of using an expired work permit can be subject to penalties.

Penalties for not having a work permit for enterprises employing foreign workers in Vietnam

In addition to penalizing foreign workers, the law penalizes businesses that employ them in violation of regulations.

According to Clause 4, Article 32 of Decree 12/2022/ND-CP, employers who employ foreign workers without a work permit or not a work permit extension will be subject to the work permit violation penalties:

This penalty applies to the following cases:

• Employing foreign workers without work permits;
• Employing foreign workers without a work permit exemption certificate;
• Employing foreign workers with without a work permit extension;
• Employing foreign workers with expired work permit exemption certificates.

Note: The fines for working without a work permit for the above offenses applies to individuals. For organizations, the fine is twice the amount for individuals.

Penalties for an enterprise that employs employees with the wrong content of the work permit in Vietnam

According to Clause 2, Article 32 of Decree 12/2022/ND-CP, employers who employ foreign workers in a manner inconsistent with the content of their work permits or documents confirming they are not subject to work permit requirements will be fined from VND 5.000.000 to VND 10.000.000 for each violating worker, but the total maximum fine shall not exceed VND 75.000.000.

Examples:

• Assigning workers to positions other than those specified in their work permits;
• Working at a location different from that specified in the work permit;
• Performing work different from the position stated in the work permit.

Note: The above fines for working without a work permit apply to individuals. For organizations, the fine is twice the amount for individuals.

Risks of not having a work permit in Vietnam

Administrative penalties

Foreign workers working in Vietnam without a work permit or a work permit extension may be fined from VND 15.000.000 to VND 25.000.000.

Simultaneously, businesses employing foreign workers illegally may also be fined up to VND 75.000.000 depending on the number of workers involved in the violation.

Difficulties in obtaining temporary residence permits

A work permit is one of the important bases for granting temporary residence permits to foreigners. Therefore, not having a work permit can cause difficulties for workers when carrying out procedures for long-term residence in Vietnam.

Risk of deportation from Vietnam

In addition to fines, foreign workers working without a work permit or using an expired work permit may also be subject to the additional penalty of deportation from Vietnam according to the law.

Impact on business operations

Businesses may:

• Be subject to labor inspections;
• Be subject to administrative penalties;
• Be affected in future applications for work permits.

Will working without a work permit result in deportation?

According to Clause 5, Article 32 of Decree 12/2022/ND-CP, foreign workers working in Vietnam without a work permit will be deported.

Therefore, in addition to a fine of VND 15 million to VND 25 million, foreign workers working without a work permit may also be deported from Vietnam.

This is one of the strictest penalties in the field of foreign labor management.

Work permit exemption certificate in Vietnam

Not all foreigners working in Vietnam are required to apply for a work permit. Some cases are granted work permit exemption certificate requirements according to Article 154 of the 2019 Labor Code, amended in 2025, and Article 7 of Decree 219/2025/ND-CP, such as:

• Being the owner or contributing member of a limited liability company with a capital contribution value as stipulated by the Government.
• 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 as stipulated by the Government.
• Being the Head of a representative office, project, or primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam.
• Entering Vietnam for a period of less than 3 months to offer services.
• Entering Vietnam for a period of less than 3 months to address complex technical or technological issues or situations that arise and affect or potentially affect production and business, which cannot be resolved by Vietnamese experts or foreign experts currently in Vietnam.
• Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
• High-quality digital technology industry workforce as defined by the law on the digital technology industry.
• Foreigners married to Vietnamese citizens and residing in Vietnam.

However, in most cases, individuals exempt from work permits must still obtain confirmation that they are not subject to work permit requirements before starting work.

How to address the lack of work permit in Vietnam

When a foreign worker is found to be without a work permit, the business should:

Temporarily suspend work assignments

Do not continue assigning the worker to work until the necessary legal procedures are completed.

Review work permit exemption conditions

Check if the worker is eligible for work permit exemption.

Apply for a work permit

If the worker is not eligible for exemption, the business should promptly:

• Register the need to employ foreign workers;

• Apply for a work permit;

• Complete related procedures concerning residence and labor.

Proactively addressing the issue early will help reduce the risk of inspections, penalties, and other management measures.

Frequently asked questions about work permit penalties

Need a work permit for probationary employment?

If a foreigner actually works in Vietnam and is not exempt from the work permit requirement, they must still meet the work permit requirements as stipulated.

Be fined if work permit expires a few days ago?

Yes. The law does not stipulate a grace period for expired work permits.

Can the employer pay the fine on behalf of the employee?

Each party violating the law will be penalized for their actions. In practice, both the employee and the employer may be penalized simultaneously.

Can an employee who has been deported return to Vietnam?

Returning to Vietnam depends on the decision of the competent authority and the regulations on immigration at each time.

Be fined if having a work permit but not a work permit?

A visa and a work permit are two different legal documents. Having a visa does not mean you are exempt from the obligation to obtain a work permit.

A work permit is a crucial condition for foreigners to work legally in Vietnam. Working without a work permit or using an expired work permit can result in fines ranging from VND 15 million to VND 25 million and deportation; businesses employing foreign workers illegally can face fines up to VND 75 million. Therefore, businesses and foreign workers need to proactively complete all work permit procedures to avoid unnecessary legal risks.

If clients require advice on work permit application procedures, work permit renewal, work permit exemption confirmation, or assistance with issues related to foreign workers in Vietnam, Viet An Law Firm is ready to provide prompt and effective support.