Vietnam Work Permit Penalties 2026

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Vietnam work permit penalties in Vietnam can apply to both foreign workers and employers when someone works without a valid Work Permit or exemption. Foreign employees may face VND 15-25 million fines, plus deportation, a possible Vietnam entry ban, and Temporary Residence Card cancellation if their TRC is tied to the job. Employers can be fined VND 30-75 million depending on how many foreign workers are involved, and may be targeted for repeated Vietnam labor inspection.

Legal Framework Governing Work Permits in Vietnam

Vietnam strictly regulates foreign employment through the Work Permit Vietnam Law system. The two cornerstone legal instruments are the Labor Code 2019 ^[1] and Decree 152/2020/ND-CP ^[2] .

Under Article 151 of the Labor Code 2019, any foreign national working in Vietnam must hold a valid work permit unless formally exempted. Decree 152/2020/ND-CP details eligibility, procedures, compliance obligations, and administrative sanctions Vietnam applies for violations.

From our daily work with the Vietnam Ministry of Labor, Invalids and Social Affairs, enforcement has become increasingly standardized nationwide since 2023.

>>> Read more: Who needs a Work Permit in Vietnam 2026

What Constitutes a Work Permit Violation in Vietnam?

A violation occurs whenever a foreigner performs work-related activities without legal authorization. Vietnamese authorities focus on actual activity, not job titles or contract wording.

Common violations include:

• Working without a work permit or valid exemption certificate
• Using an expired work permit
• Working for the wrong employer or job position
• Failing to renew the work permit on time
• Entering Vietnam on the wrong visa purpose
• Using a Temporary Residence Card linked to an invalid work permit

A critical detail most applicants overlook is that visa validity does not legalize employment. A business visa or e-visa never replaces a work permit.

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Penalties for Foreign Employees Working Without a Work Permit

Foreign workers face direct administrative sanctions Vietnam law imposes on individuals. These penalties are applied regardless of intent or employer fault.

Administrative Fines for Foreign Workers

According to Decree 152/2020/ND-CP:

• Fine from VND 15,000,000 to VND 25,000,000 for:

• Working without a work permit
• Using an expired or invalid work permit
• Working without a valid exemption certificate

The fine is issued through the labor inspection authority. Payment does not legalize the violation retroactively.

Deportation and Entry Ban Risks

In addition to fines, foreign workers are subject to Vietnam deportation. Deportation decisions are handled in coordination with the Vietnam Immigration Department.

Some common deportation cases include:

• Forced exit within 7-15 days
• Cancellation of existing visa or TRC
• Temporary Vietnam entry ban ranging from 1 to 5 years

A deportation record significantly affects future visa approvals.

>>> Read more: Work experience certificate for Vietnam work permit 2026: Template, required contents, and legalization

Penalties and Liabilities for Employers (Businesses)

Employers carry primary compliance responsibility under Vietnamese law. Fines increase based on the number of foreign workers involved.

Employer Fines Under Decree 152

Administrative fines imposed on employers:

• VND 30,000,000 – 45,000,000 for 1-10 foreign workers
• VND 45,000,000 – 60,000,000 for 11-20 foreign workers
• VND 60,000,000 – 75,000,000 for 21+ foreign workers

These amounts apply per inspection decision. Repeat violations result in intensified scrutiny.

Additional Employer Consequences

Beyond monetary penalties, employers may face:

• Suspension of foreign labor approvals
• Mandatory removal of foreign employees
• Increased frequency of Vietnam labor inspection
• Impact on investment licensing and HR compliance ratings

In serious cases, authorities may recommend business license review. This is particularly common in FDI enterprises.

>>> Read more: Vietnam work permits types 2026

Temporary Residence Card Cancellation Risks

A work permit violation often leads to Temporary Residence Card cancellation. This applies when the TRC is sponsored based on employment status.

Once the work permit is invalidated:

• The TRC becomes legally void
• The foreign worker must exit Vietnam
• Re-application requires full compliance reset

From our daily work with immigration officers, TRC cancellation is enforced swiftly.

>>> Read more: Vietnam work permit reissuance for foreigners: Lost, damaged, or updated information 2026

Specific Penalties for Misrepresentation and Forgery

Work permit forgery is treated as a serious legal offense. Vietnamese authorities actively investigate document authenticity.

Forgery includes:

• Fake university degrees
• Altered experience letters
• Forged health checks
• Fraudulent criminal records

These cases fall outside standard administrative fines.

Criminal Exposure for Forgery

Depending on severity, consequences include:

• Criminal prosecution under Vietnamese law
• Permanent Vietnam entry ban
• Blacklisting with immigration authorities

Foreign expert penalties in forgery cases are severe. Employers involved may also face criminal investigation.

>>> Read more: Reasons Vietnam work permit rejection and how to avoid them 2026

Enforcement Procedures and Inspection Authority

Work permit enforcement is conducted through coordinated inspections. Primary authorities include:

• Vietnam Ministry of Labor, Invalids and Social Affairs
• Provincial Departments of Labor
• Vietnam Immigration Department

Inspections may be announced or unannounced.

Typical Inspection Process

A standard inspection follows these steps:

1. Employer document request
2. On-site verification of foreign staff
3. Cross-check with immigration records
4. Administrative violation report issuance
5. Fine decision and enforcement

From our experience, inspections often target construction, IT, education, and manufacturing sectors.

>>> Read more: Vietnam work permit for foreign technical workers 2026: Fees, eligibility, documents

Expired Work Permit vs. No Work Permit: Is There a Difference?

Yes, but both are violations.

Expired work permit cases are sometimes treated as procedural non-compliance if promptly rectified. Working without ever obtaining a permit is treated as substantive illegal employment.

Penalty levels may vary slightly. Deportation risk remains present in both scenarios.

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Mitigation Strategies and Remedial Actions

Immediate action reduces long-term consequences. Delays worsen outcomes.

Recommended Steps After a Violation

• Stop work activities immediately
• Conduct internal compliance audit
• Prepare corrective documentation
• Submit explanation to labor authority
• Apply for proper work permit or exit arrangement

Can Penalties Be Appealed?

Yes. Administrative penalty decisions can be appealed within statutory deadlines.

Appeals must be evidence-based and legally grounded. Success depends on documentation quality and timing.

>>> Read more: Vietnam Work permit for foreign experts: Guide, Fees & Requirements 2026

Remote Work in Vietnam: A Hidden Risk Area

A common misconception is that remote work is exempt. Vietnamese law focuses on physical presence, not employer location.

If a foreigner resides in Vietnam and performs work activities, work permit compliance applies. This includes overseas companies.

Vietnam labor inspection authorities increasingly examine remote work cases.

Frequently Asked Questions