The regulations on Vietnam work permit revocation were abolished on October 08, 2018, but the regulations on revocation are prescribed in the Decree No. 152/2020/ND-CP. This Decree officially takes effect from February 15, 2021. What are the procedures for revocation of foreigners’ work permits?
Cases of work permit revocation
According to Article 20 of the Decree No. 152/2020/ND-CP, cases of work permit revocation 2021 include:
- Invalid work permit:
– Expired work permit.
– Termination of employment contract.
– The contents of the employment contract are not consistent with the contents of the granted work permit.
–Working not in accordance with the contents of the granted work permit.
– Expiration/termination of the contract which is the basis for work permit.
– Written notice from the foreign organizations/companies about stopping the secondment of foreign workers to work in Vietnam.
– Vietnamese enterprises, organizations, partners or foreign organizations in Vietnam employing foreign workers cease their business.
- Employer or foreign worker fails to comply with regulations on workers in Vietnam and recruitment and management of Vietnamese workers for foreign organizations and individuals in Vietnam.
- Foreign worker, while working in Vietnam, does not comply with the laws of Vietnam, affecting social security, order and safety.
Procedures for work permit revocation
In Article 21 of the Decree No. 152/ND-CP, the procedures for work permit revocation 2021 are specified as follows:
- For the cases specified in Clause 1, Article 20 of this Decree, within 15 days after the work permit expires, the employer shall revoke the foreign worker’s work permit to return it to the Ministry of Labour - Invalids and Social Affairs or the Department of Labour - Invalids and Social Affairs that granted the work permit, together with a written document clearly stating the reason for the revocation, and cases subject to revocation but the work permit cannot be revoked.
- For the cases specified in Clauses 2 and 3, Article 20 of this Decree, the Ministry of Labour - Invalids and Social Affairs or the Department of Labour - Invalids and Social Affairs that granted the work permit shall issue a decision to revoke the work permit according to Form No. 13/PLI Appendix I issued together with this Decree and notify the employer to revoke the foreign worker’s work permit and return it to the Ministry of Labour and Social Affairs or the Department of Labour - Invalids and Social Affairs that granted the work permit.
- Within 05 working days from the date of receipt of the revoked work permit, the Ministry of Labour - Invalids and Social Affairs or the Department of Labour - Invalids and Social Affairs shall issue a written document to confirm that the work permit has been revoked and send it to the employer.
Above are all new regulations on the procedures for revocation of foreign workers’ work permits. If you need to know more about the service of work permit, entry approval letter, visa renewal, temporary resident card, etc. for foreigners, please contact Nhi Gia via hotline 84 1900 6654. With nearly 20 years of specialized experience, we will support customers to effectively solve their problems!