REGULATIONS ON REVOCATION OF WORK PERMITS OF FOREIGN WORKERS

In the current conditions of expanded integration, there is a strong exchange and interference between businesses and transnational business organizations. In addition to the exchange of business, goods and technology, there is now a trend that is not new but is being expanded and developed strongly. That is the exchange of labor, even the number of foreign workers is constantly increasing. In order for foreign workers to be able to work in Vietnam, they need to apply for a work permit. However, in some cases, the State has the right to revoke a work permit. So let's find out with OTIS LAWYERS the provisions of the law on the revocation of work permits of foreign workers in this article.

Legal grounds

Decree 152/2020/ND-CP

Labor Code 2019

Cases of revocation of work permits

According to Article 20 of Decree 152/2020/ND-CP, the following cases are prescribed:

• Employers or foreign workers fail to comply with the provisions of this Decree;
• The foreign worker, during his/her employment in Vietnam, fails to abide by Vietnam’s law which compromises security and social order;
• The work permit expires as prescribed in article 156 of the Labor Code 2019;
• The work permit has expired;
• Termination of the labor contract between the employee and the enterprise;
• The content of the labor contract does not match the content of the issued work permit;
• Working contrary to the contents of the issued work permit;
• Contracts in the fields that are the basis for the expiration or termination of the work permit;
• There is a written notice from the foreign side to stop sending foreign workers to work in Vietnam;
• Vietnamese enterprises, organizations, partners or foreign organizations in Vietnam employing foreigners cease to operate.

Procedure for revocation of work permit

The order of revocation is specified in Article 21 of Decree 152/2020/ND-CP, specifically as follows:

For the case specified in Clause 1, Article 20 of Decree 152/2020/ND-CP

Within 15 days after the work permit expires, the employer:

• Revocation of foreign workers' work permits;
• Attach a document stating the reason for the revocation;
• Cases that have to be revoked but cannot be implemented;

Then submit it to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit.

For the case specified in Clauses 2 and 3, Article 20 of Decree 152/2020/ND-CP

The Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs has issued the work permit:

• Make a decision to revoke a work permit:
• Notify the employer to revoke the foreign worker's work permit and return it to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that issued the work permit;
• Within 05 working days from the date of receiving the revoked work permit, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs shall issue a written confirmation to the employer.

Work permit service of OTIS LAWYERS

OTIS LAWYERS is always proud to be a professional unit in consulting and supporting the implementation of procedures related to work permits. Apply for a work permit, re-issue a work permit, renew a work permit... A team of highly qualified lawyers with extensive experience and dedication to clients, we will provide clients with the best service, the most professional, reasonable cost and the fastest time to complete the procedure. We commit that all client information is absolutely confidential and client interests always come first.

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