Foreign nationals working in Vietnam must comply with Vietnamese labor and immigration laws. Non-compliance can result in administrative fines, penalties, and in some cases, deportation. This bulletin summarizes key regulations regarding foreign workers and penalties for violations.
1. Who is a Foreign National?
According to Clause 1, Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, a foreign national is:
- A person holding a foreign nationality, or
- A person who is stateless, entering, exiting, transiting, or residing in Vietnam.
2. Forms of Employment for Foreign Nationals in Vietnam
Under Clause 1, Article 2 of Decree 219/2025/ND-CP, foreign nationals may work in Vietnam in the following forms:
- Performing a labor contract.
- Internal transfer within a multinational company.
- Performing economic or social contracts/agreements.
- Acting as a service provider under a contract.
- Offering services.
- Serving as a volunteer.
- Responsible for establishing commercial presence.
- Transferred from foreign organizations to Vietnam for work (excluding internal corporate transfers).
- Participating in projects or contracts in Vietnam.
- Family members of foreign representative offices in Vietnam may work according to relevant international treaties.
- Chairpersons, board members, or owners of companies with contributed capital under VND 3 billion.
- Performing a labor contract with foreign diplomatic missions or organizations in Vietnam.
3. Penalties for Violations
According to Article 32 of Decree 12/2022/ND-CP, violations of regulations on foreign nationals working in Vietnam may incur the following fines:
a) Employers’ violations
- VND 1,000,000 – 3,000,000: For failing to report, reporting incomplete or untimely, or failing to submit original or certified copies of labor contracts after the foreign worker has been granted or extended a work permit.
- VND 5,000,000 – 10,000,000 per worker (up to VND 75,000,000): For employing a foreign worker beyond the scope of the work permit or employing someone not eligible for a work permit, unless otherwise provided by law.
- Additional fines for organizations: If an organization commits the same violation, the fine is doubled.
b) Foreign workers’ violations
- VND 15,000,000 – 25,000,000: For working without a work permit or without an official confirmation of exemption, or using an expired work permit or confirmation of exemption.
c) Employers’ serious violations
Employers who employ foreign workers without a valid work permit or use expired work permits may be fined:
- VND 30,000,000 – 45,000,000: For 1–10 workers.
- VND 45,000,000 – 60,000,000: For 11–20 workers.
- VND 60,000,000 – 75,000,000: For 21 or more workers.
d) Supplementary measures
- Deportation of foreign workers who violate regulations under Clause 3, Article 32 of Decree 12/2022/ND-CP.
Conclusion:
Employers and foreign workers must strictly comply with Vietnamese labor and immigration regulations. Violations may result in substantial fines and deportation, emphasizing the importance of obtaining proper work permits and maintaining accurate employment records.
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