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Clubs · Oct 28, 2024 · 2 min read
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Clubs · Oct 28, 2024 · 2 min read
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This article provides detailed information on penalties for using foreign labor to work in Vietnam without a work permit. Explore related legal regulations, specific fines, and legal consequences that businesses may face. This information will help businesses understand their responsibilities better and ensure compliance with the law.
Based on Article 4 of Decree No. 12/2022/ND-CP on Violations of regulations on foreigners working in Vietnam as follows:
“4. Fine for employers who use foreign workers to work in Vietnam without a work permit or confirmation that they are not required to have a work permit or using foreign workers with expired work permits or confirmations that are no longer valid as follows:
a) From 30,000,000 VND to 45,000,000 VND for violations involving 1 to 10 people;
b) From 45,000,000 VND to 60,000,000 VND for violations involving 11 to 20 people;
c) From 60,000,000 VND to 75,000,000 VND for violations involving 21 or more people”
Therefore, employers who are foreigners working in Vietnam without a work permit will be fined according to the number of violators as prescribed above.
Note: according to Article 1 of Decree No. 12/2022/ND-CP, the above-mentioned fines are for individuals. The fine for organizations is twice the fine for individuals.
Based on Article 1 of Law on Handling Administrative Violations 2012, amended and supplemented by point a of Article 4 of Law on Handling Administrative Violations amended 2020 as follows:
Processing time for administrative violations
1. The processing time for administrative violations is regulated as follows:
a) The processing time for administrative violations is 1 year, except for the following cases:
Administrative violations related to accounting; invoices; fees; insurance business; price management; securities; intellectual property; construction; aquaculture; forestry; exploration, planning, surveying, exploitation, and use of water resources; oil and gas activities and other mineral activities; environmental protection; atomic energy; managing, developing houses and offices; land; dike management; press; publication; production, export, import, trading of goods; production, trade in prohibited, counterfeit goods; foreign labor management, then the processing time for administrative violations is 2 years.
Administrative violations related to taxes have processing time for administrative violations according to tax management laws”
Therefore, the processing time for administrative violations for using foreign labor in Vietnam without a work permit is 1 year.
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