If the work permit of foreigners working in footwear manufacturing companies in Vietnam is expired, do the companies have to revoke it?

If the work permit of foreigners working in footwear manufacturing companies in Vietnam is expired, do the companies have to revoke it?

Pursuant to Article 20 of the Decree 152/2020/NĐ-CP stipulating cases of revocation of a work permit in Vietnam as follows:

- The work permit ceases to be effective as prescribed in clauses 1, 2, 3, 4, 5, 6 and 7 Article 156 of the Labor Code.

Cases in which a work permit is invalid

1. The work permit expires.

2. The employment contract is terminated.

3. The contents of the employment contract are inconsistent with the contents of the work permit granted.

4. The work performed is not conformable with the contents of the work permit granted.

5. The contract that is the basis for issuance of the work permit expires or is terminated.

6. The foreign party issues a written notice which terminates the dispatch of the foreign employee to Vietnam.

7. The Vietnamese party or foreign organization that hires the foreign employee ceases its operation.

8. The work permit is revoked.

- The employer or the foreign worker fails to comply with this Decree.

- The foreign worker, during his/her employment in Vietnam, fails to abide by Vietnam’s law which compromises security and social order.

If the work permit of foreigners working in footwear manufacturing companies in Vietnam is expired and the companies refuse to make another employment contract with them, those companies must revoke their work permit.

What are procedures for revocation of expired work permit of foreigners working in Vietnam?

Pursuant to Article 21 of the Decree 152/2020/NĐ-CP stipulating procedures for revocation of expired work permit of foreigners working in Vietnam as follows:

Procedures for revocation of a work permit

1. For the case in clause 1 Article 20 hereof, within 15 days after the work permit ceases to be effective, the employer shall revoke the work permit of the foreign worker and return it to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs which issued that work permit and enclose a document specifying reasons for revocation and work permits subject to revocation but cannot be revoked.

2. For the cases in clauses 2, 3 Article 20 hereof, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs which issued the work permit shall issue a decision on revocation of work permit, using Form No. 13/PLI Appendix I hereto appended and request the employer to revoke the work permit of the foreign worker and then return it to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs.

3. Within 5 working days after receiving the said work permit, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall send an acknowledgement of receipt of the revoked work permit to the employer.

For different cases, the procedures for revocation of expired work permit of foreigners working in Vietnam must comply with the above regulations.

In your case, when the work permits of those employees are expired, you shall revoke them and return them to the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs which issued those work permits and enclose a document specifying reasons for revocation and work permits subject to revocation but cannot be revoked.

In which cases shall foreigners be eligible to work in Vietnam without work permit?

Pursuant to Article 7 of the Decree 152/2020/NĐ-CP stipulating as follows:

Foreign workers exempt from work permits

Without regard to the cases in clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, a foreign worker is exempt from a work permit if:

1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.

2. He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong.

3. He/she is an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.

4. He/she enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.

5. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.

6. He/she is sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.

7. He/she is a volunteer as specified in clause 2 Article 3 of this Decree.

8. He/she enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.

9. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law

10. He/she is a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.

11. He/she is a relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.

12. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.

13. He/she takes charge of establishing a commercial presence.

14. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.

Above are 14 cases in which foreigners shall be eligible to work in Vietnam without work permit.

Best regards!