Penalties related to foreign workers

1. Penalties for the violation of the reporting regime 

The violation of the reporting regime is reflected in the following acts:

• Do not report or report incorrectly the contents and date regarding the situation of using foreign workers according to the request of the state management agency in charge of labor.

• Do not send a copy of the signed labor contract to the agency that has issued the Work Permit if the foreign worker works under the form of a labor contract.

For this violation, the enterprise will be penalized from 1,000,000 VND to 3,000,000 VND. 

2. Penalties for the violation of misuse content of Work Permit or Certification of Exemption from Work Permit.

For acts of using foreign workers incorrectly according to the contents stated in the Work Permit or Certification of Exemption from Work Permit, the enterprise will be penalized from 5,000,000 VND to 10,000,000 VND for each employee. (But no more than 75,000,000 VND).

3. Penalties for not applying for Work Permit/Certification of Exemption from Work Permit for foreign workers or using expired Work Permit/ Certification of Exemption from Work Permit.

For acts of not applying for Work Permit/Certification of Exemption from Work Permit or use an expired Work Permit/Certification of Exemption from Work Permit, the enterprise will be penalized as follows:

• From 30,000,000 VND to 45,000,000 VND with violations from 01 person to 10 people.

• From 45,000,000 VND to 60,000,000 VND with violations from 11 to 20 people.

• From 60,000,000 VND to 75,000,000 VND with violations from 21 people or more.

• For this act, the employee will be sanctioned as follows: From 15,000,000 VND to 25,000,000 VND.

In addition, foreign workers may be sanctioned for the additional penalty which is expulsion from Vietnam when working without Work Permit/Certification of Exemption from Work Permit.

4. Legal basic

Decree 28/2020/ND-CP dated March 1, 2020 on penalties for administrative violations in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.