1. Conditions for foreign workers working in Vietnam:

Current law has specific regulations on conditions for foreign workers to work in the territory of Vietnam. Pursuant to the provisions of Article 151 of Labor Code 2019 There are regulations on the conditions of foreign workers working in Vietnam. Accordingly, foreign workers (workers identified as foreign nationals) to work in Vietnam need to meet the following basic conditions:

– Subjects determined to be 18 years of age or older and have full civil act capacity according to the provisions of law;

– Have professional qualifications and technical requirements, meet the conditions of skills and experience during the working process, and have full health to be able to work according to the regulations of that competent entity is the Minister of Health;

– Not a person who is currently serving or in the process of serving a penalty according to a decision or effective judgment of a competent state agency, or has not had his or her criminal record erased or is currently being prosecuted. Criminal liability according to foreign laws or Vietnamese laws;

– Have a work permit issued by a competent state agency in Vietnam according to legal procedures, except for cases based on the provisions of Article 154 of the 2019 Labor Code.

In addition, the law also regulates the working term for workers working in Vietnam. Accordingly, the working term for foreigners working in the territory of Vietnam will not exceed the term of the work permit issued by a competent state agency in Vietnam. Therefore, a work permit is one of the extremely important documents and one of the conditions for foreign workers to be able to work in Vietnam. When employing foreign workers to work in the territory of Vietnam, the employee side and the other side employer It is possible to conduct agreements to enter into multiple fixed-term contracts according to the provisions of law. At the same time, foreigners working in the territory of Vietnam also need to comply with the provisions of Vietnamese labor law. These subjects will be protected by Vietnamese law, except in cases of international treaties. which the Socialist Republic of Vietnam is a member of has different regulations.

In addition, based on the provisions of Article 154 of the 2019 Labor Code, there are regulations that subjects identified as foreign workers working in Vietnam are not subject to work permits by the agency. Competent state agencies include:

– Be an owner or capital contributing member of a limited liability company with a capital contribution value in accordance with the provisions of law;

– Be the chairman of the board of directors or a member of the board of directors of a joint stock company with capital contribution value in accordance with the provisions of law;

– Be the head of a representative office or project head or the person responsible for the activities of international organizations and foreign non-governmental organizations in the territory of Vietnam;

– Enter Vietnam for a period of less than 3 months in accordance with the provisions of law for the purpose of conducting service offering activities.

– Entering Vietnam for a period of less than 03 months in accordance with the provisions of law for the purpose of handling incidents and technical advances, complex technologies that occur that affect or threaten to seriously affect the process. Vietnam's production and business process, three experts in Vietnam and foreign experts currently in Vietnam cannot handle;

– Be a foreign lawyer who has been licensed to practice law in the territory of Vietnam according to the provisions of law;

– In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member;

– Foreigners married to Vietnamese people and living in the territory of Vietnam;

– Other cases as prescribed by law.

According to the laws and analysis mentioned above, employers will only be allowed to employ foreign workers when they fully meet the above conditions, the most important of which is that the workers must belong to the following schools: In case of work permit exemption, if not in the work permit exemption cases, the foreign employee working in Vietnam must have a work permit issued by a competent state agency. of Vietnam.

2. Penalties for foreigners without work permits:

Currently, based on the provisions of Article 32 of Decree No. 12/2022/ND-CP of the Government stipulating penalties for administrative violations in the fields of labor and social insurance, Vietnamese workers go to work. work abroad under contract, with specific records on penalties for foreigners who do not have a work permit in Vietnam. Accordingly, violations of regulations on foreigners working in the territory of Vietnam are recorded as follows:

The first, fine from 15,000,000 VND to 25,000,000 VND for foreign workers working in the territory of Vietnam but violating the following regulations: Foreigners working in Vietnam but without A work permit issued by a competent state agency, or without a written confirmation, is not required to issue a work permit according to the provisions of law, specifically in Article 154 of the Labor Code of 2019. 2019.

Monday, Fines shall be imposed on those identified as employers who employ foreign workers to work in the territory of Vietnam in contravention of the law, i.e. without a work permit or without a work permit. do not have confirmation that those workers are not required to have a work permit based on the provisions of Article 154 of the 2019 Labor Code, or employ foreign workers with issued work permits. The actual expiration date or the document certifying that a work permit is not required has expired, with fines ranging as follows:

– Fine from 30,000,000 VND to 45,000,000 VND for employers who commit violations from 1 person to 10 people;

– Fine from 45,000,000 VND to 60,000,000 VND for employers who commit violations with a number of from 11 to 20 people;

– Fine from 60,000,000 VND to 75,000,000 VND for employers who commit violations for 21 days or more.

Tuesday,Violations of regulations on foreigners working in Vietnam may also be subject to additional sanctions such as deportation of foreign workers working in Vietnam when there are violations of regulations. under the law.

3. Statute of limitations for sanctioning foreigners without a work permit:

Currently, based on the provisions of Article 5 of Decree No. 12/2022/ND-CP of the Government stipulating penalties for administrative violations in the fields of labor and social insurance, Vietnamese workers go to work. working abroad under contract, with specific regulations on the statute of limitations for sanctioning administrative violations. Accordingly, the statute of limitations for sanctioning administrative violations in the field of labor and Vietnamese workers working abroad under contracts will be implemented according to the provisions of Article 6 of the Law on Handling of Administrative Violations of 2019. 2020. Specifically, the Law on Handling of Administrative Violations 2020 has specific regulations on the statute of limitations for sanctioning administrative violations as follows:

The statute of limitations for sanctioning administrative violations is determined to be one year, except for the following basic cases: Administrative violations in accounting; administrative violations on invoices; fees and charges; Insurance Business; price management; administrative violations in the field of securities; administrative violations in the field of intellectual property; build; Seafood; forestry; investigation, planning, exploration, exploitation and use of water resources; petroleum and other mineral activities; environmental protection; atomic energy; administrative violations in the field of management and development of housing and offices; land; dikes; newspapers; publish; production, export, import, and trading of goods; producing and trading banned and counterfeit goods; For administrative violations in the field of foreign labor management, the statute of limitations for sanctioning administrative violations is 02 years.

Thus, it is possible that the statute of limitations for administrative sanctions against foreign employees and employers without work permits in the territory of Vietnam is 01 years.

Legal documents used in the article:

– Labor Code 2019;

– Decree No. 12/2022/ND-CP of the Government regulating administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.