In the context of global economic integration, the demand for foreign workers in Vietnam is steadily increasing. However, to work legally in Vietnam, foreign workers must meet specific legal requirements, with the work permit being a prerequisite as stipulated under Article 151.1.d of the Labor Code 2019. The work permit not only ensures the legal rights and benefits of foreign workers but also serves as a critical tool for state authorities to manage and monitor labor activities, ensuring transparency and fairness in Vietnam’s labor market.
However, in practice, work permits of foreign workers may be revoked for various reasons, impacting not only the workers’ rights but also causing significant consequences for employers, ranging from business disruptions to legal risks. In this article, HTH & Partners Law Firm provides a detailed analysis of the circumstances leading to work permit revocation, the legal consequences, the handling process, and practical recommendations to help foreign workers and employers avoid unnecessary risks.
Mục lục bài viết
1. The Importance of Work Permits
A work permit is a mandatory legal document for most foreign workers in Vietnam, except for specific exemptions (e.g., experts, managers, or workers employed for less than three months). According to Decree 152/2020/ND-CP, work permits are issued by the Ministry of Home Affairs or the Department of Home Affairs, with a maximum validity of two years and the possibility of extension.
The work permit plays a crucial role in:
- Ensuring legal rights: It serves as the basis for foreign workers to enjoy labor rights, social insurance, and other benefits under Vietnamese law.
- Labor management: It enables state authorities to regulate the number, qualifications, and sectors of foreign workers, ensuring labor security and a fair labor market.
- Defining employer responsibilities: It provides the foundation for employers to comply with regulations on employing foreign workers, avoiding legal violations.
Failure to obtain a work permit or having a work permit revoked can lead to severe consequences, including termination of employment contracts, administrative fines, and even deportation for foreign workers.
2. Circumstances Leading to Work Permit Revocation
Under Article 20 of Decree 152/2020/ND-CP, a foreign worker’s work permit may be revoked in the following cases:
a. Work Permit Expiration
A work permit will be revoked in the following scenarios:
- Expiration of validity: Work permits have a maximum validity of two years and automatically expire on the indicated date.
- Termination of labor contract: When the labor contract between the foreign worker and the employer ends, the work permit becomes invalid.
- Discrepancy in labor contract content: If the labor contract’s content (e.g., job position, workplace, or duration) does not match the information in the work permit.
- Work inconsistent with the permit: The foreign worker performs tasks, works in a position, or at a location different from what is specified in the work permit.
- Expiration or termination of related contracts: Contracts related to the issuance of the work permit (e.g., service or partnership contracts) expire or are terminated.
- Notification from foreign entities: A written notice from a foreign partner or organization terminates the foreign worker’s assignment in Vietnam.
- Cessation of employer operations: The enterprise, organization, or partner in Vietnam or abroad employing the foreign worker ceases operations.
b. Violation of Legal Regulations
A work permit may be revoked if:
- Non-compliance with Decree 152/2020/ND-CP: The foreign worker or employer violates regulations regarding the issuance, use, or extension of work permits.
- Violation of Vietnamese law: The foreign worker engages in activities that breach Vietnamese law, affecting security, public order, or social safety (e.g., participating in illegal activities or violating residency regulations).

3. Legal Consequences of Work Permit Revocation
The revocation of a work permit entails serious legal consequences for both foreign workers and employers.
a. Impact on Labor Contracts
Under Article 156 of the Labor Code 2019, a revoked work permit becomes invalid, leading to the termination of the labor contract between the foreign worker and the employer (pursuant to Clause 12, Article 34 of the Labor Code 2019). This may result in:
- Work disruptions: Employers must find replacement workers, affecting business progress and efficiency.
- Labor disputes: Without clear agreements, contract termination may lead to disputes over rights and benefits.
b. Impact on Foreign Workers
- Loss of legal work status: Foreign workers are no longer permitted to work in Vietnam and may be required to leave the country if a new work permit is not obtained.
- Legal risks: Continuing to work without a valid work permit may result in administrative fines or deportation under Decree 144/2021/ND-CP.
c. Impact on Employers
- Obligation to return the work permit: Employers must collect and return the revoked work permit to the competent authority.
- Risk of administrative penalties: Failure to comply with work permit regulations may lead to fines of up to VND 75 million in certain cases, as per Decree 12/2022/ND-CP.
- Reputational damage: Employing foreign workers in violation of regulations may harm the enterprise’s reputation in the market.
4. Work Permit Revocation Process
The process for handling work permit revocation varies depending on the reason for revocation:
a. Revocation Due to Expiration
- Within 15 days from the date the work permit expires, the employer is responsible for:
- Collecting the work permit from the foreign worker.
- Returning the work permit to the Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs that issued it.
- Submitting a written explanation of the reason for revocation. If the work permit cannot be collected, the employer must provide a specific explanation.
- (Note: As of March 2025, this function has been fully transferred to the Ministry of Home Affairs and the Department of Home Affairs.)
- The competent authority will review and archive the revocation records.
b. Revocation Due to Legal Violations
- The labor management authority (Ministry or Department of Labor, Invalids, and Social Affairs) will issue a work permit revocation decision using Form No. 13/PLI, Appendix I, issued with Decree 152/2020/ND-CP.
- This decision will be sent to the employer, requiring them to collect the work permit from the foreign worker and return it to the authority.
- Within 5 working days of receiving the returned work permit, the authority will issue a confirmation of revocation to the employer.
5. Recommendations from HTH & Partners Law Firm
To avoid legal risks and ensure compliance with work permit regulations, HTH & Partners Law Firm offers the following recommendations:
For Foreign Workers
- Verify work permit validity: Ensure the work permit remains valid and aligns with the work being performed.
- Comply with Vietnamese law: Avoid violations related to security, public order, or residency regulations.
- Seek legal expertise: When facing work permit issues, consult reputable law firms like HTH & Partners for timely advice.
For Employers
- Review labor contracts: Ensure the contract content matches the information in the work permit.
- Monitor work permit validity: Extend work permits promptly before expiration to avoid disruptions.
- Train HR personnel: Ensure HR or legal departments are well-versed in regulations governing foreign workers.
- Partner with legal experts: Collaborate with HTH & Partners for assistance with obtaining, extending, or resolving issues related to work permits.
6. Why Choose HTH & Partners?
HTH & Partners Law Firm is a trusted firm with extensive experience in labor law, particularly issues involving foreign workers. We are committed to:
- Comprehensive consulting: Supporting clients from preparing work permit applications to resolving issues arising from revocations.
- Experienced team: Our team of lawyers and legal experts provides tailored, optimal solutions for each case.
- Efficient and prompt service: Ensuring quick and cost-effective processing of applications to save time and resources for clients.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice from HTH & Partners. The content represents the views of HTH & Partners and is subject to change without prior notice.
The legal provisions referenced in this article were valid at the time of publication but may have been amended or repealed by the time of reading. We strongly recommend consulting a qualified legal professional before applying any information contained herein.