Call Us: +84 903419479

Contact Center

+84 903419479

Sanction Acts Of Enterprises Using Illegal Foreign Workers

Foreigners 05/08/2023

Today, in the field of labor in Vietnam, the situation of using foreign workers is increasingly common, which also leads to the situation of enterprises abusing and circumventing labor regulations to illegally use laborers foreign activities with unclear purposes. According to this post, in order to support businesses wishing to use foreign workers, Apolo Lawyers (Tel: (+84) 903. 419. 479) will update and provide legal opinions for reference and legal regulations on regulating the illegal use of labor. foreign movement.

Sanction Acts Of Enterprises Using Illegal Foreign Workers

Today, in the field of labor in Vietnam, the situation of using foreign workers is increasingly common, which also leads to the situation of enterprises abusing and circumventing labor regulations to illegally use laborers foreign activities with unclear purposes. According to this post, in order to support businesses wishing to use foreign workers, Apolo Lawyers (Tel: (+84) 903. 419. 479) will update and provide legal opinions for reference and legal regulations on regulating the illegal use of labor. foreign movement.

I. Legal issues when using foreign workers in Vietnam

1. Work Permit Requirement:

Vietnamese law stipulates that foreign nationals seeking employment in the country must obtain a valid work permit, unless fall under specific categories exempted by regulations. Work permits are granted based on the nature of the job and the hiring company.

2. Conditions for Work Permit:

The application for a work permit is contingent upon the applicant possessing the requisite skills, qualifications, and experience relevant to the job role. Moreover, employers are obliged to demonstrate that no suitable Vietnamese candidates are available to fill the position.

3. Duration of Work Permits:

Work permits generally have a validity of up to two years, with the possibility of extension. In cases where foreign workers switch positions within the same company, a fresh application is required.

Illegal Employment Penalties: Employers found to be in violation of the regulations by employing foreign workers without valid work permits or in positions not authorized by the permits are subject to a range of penalties. These penalties encompass fines, temporary suspension of business operations, and even deportation of the foreign employee.

Sanction Acts Of Enterprises Using Illegal Foreign Workers

II. Penalties for illegal use of foreign workers

1. Work Permit Violations

One of the core aspects of Vietnamese law pertains to the requirement of work permits for foreign nationals seeking employment within the country. Violations of this requirement carry substantial penalties. Employers who hire foreign workers without valid work permits or who place them in positions not specified by the permits face penalties that extend beyond monetary fines.

2. Fines and Suspension

The sanctions for using illegal foreign workers can include hefty fines, the amount of which depends on the severity of the violation. These fines can have a significant financial impact on businesses. Furthermore, employers found to be employing foreign workers without proper work permits can face the suspension of the business operations. This suspension acts as a powerful incentive for employers to adhere to the legal requirements of hiring foreign labor.

3. Deportation of Foreign Workers

In cases where foreign workers are employed without valid work permits or in positions not authorized by the permits, the consequences extend to the workers themselves. Violations of work permit regulations can result in the deportation of the foreign workers involved. This outcome not only disrupts the employment situation for the foreign workers but also underscores the gravity of adhering to the legal procedures in place.

4. Reapplication and Banned Entry

Violations of work permit regulations can also result in additional barriers for both employers and foreign workers. Employers found in violation must rectify the situation by reapplying for proper work permits or making necessary adjustments. Foreign workers who have been deported due to violations may face a ban on reentry into Vietnam for a certain period. These measures emphasize the need to abide by the law and avoid engaging in illegal employment practices.

5. Additional Consequences for Employers

Beyond the immediate sanctions, engaging in the illegal use of foreign workers can have lasting repercussions for employers. Such actions tarnish the company reputation, potentially leading to damaged business relationships and decreased credibility. The legal consequences can also disrupt the company operations and profitability due to the suspension of business activities.

Sanction Acts Of Enterprises Using Illegal Foreign Workers

III. Apolo Lawyers provides legal services on registration of foreign workers

Based on the current legal regulations on the employment of foreign workers, Apolo Lawyers always updates and supplements legal issues arising for enterprises wishing to expand the labor market and increase all scale. personnel with foreign elements. Here, Apolo Lawyers will provide legal consulting services and prepare a package of application for registration of foreign workers.

For more information about Apolo Lawyers and Apolo services, please contact:

Apolo Lawyers Law Firm

Address: 10th Floor, PaxSky Building, No. 51 Nguyen Cu Trinh Street, District 1, Ho Chi Minh City

Tel: (028) 66.701.709 / (028) 35.059.349

Mobile & WhatsApp 1: 0939.486.086 / Mobile & WhatsApp 2: 0908.043.086

Email: contact@apolo.com.vn

Website: www.apolo.com.vn

View more:  Regulations On Work Permits For Foreign Workers

View more: Procedures For Granting Temporary Residence Cards To Foreigners In Vietnam

icon_email
phone-icon