VI In the management of foreign labor in Vietnam, a Work Permit is considered a mandatory “passport” for foreign employees to conduct lawful employment activities. However, possession of this permit does not equate to a permanent guarantee, as current laws have established strict sanctions to control compliance by both enterprises and employees. According to the provisions of the Labor Code and guiding decrees, a Work Permit may be revoked immediately in cases such as the expiration of the labor contract, the discovery of fraudulent content in the permit application dossier, or the enterprise utilizing labor in a job position other than the registered one. Failure to clearly understand these legal grounds not only puts employees at risk of deportation but also pushes enterprises into situations of serious legal violation, leading to heavy administrative penalties. To help enterprises and employees proactively identify risks to ensure maximum compliance, let us join Pham Consult in reviewing the latest cases of Work Permit revocation.
I. Cases of Work Permit Revocation
A work permit is a document issued by a competent authority allowing a foreigner to work lawfully in Vietnam. According to the provisions of the Labor Code 2019, a Work Permit is considered one of the prerequisite conditions for foreign employees to work lawfully in Vietnam, and at the same time, it serves as a tool for state management agencies to supervise domestic labor activities, ensuring transparency and fairness in the labor market. However, in practice, situations may arise where foreign employees have their work permits revoked during their working process in Vietnam.
According to Article 156 of the Labor Code 2019 and Article 30 of Decree No. 219/2025/ND-CP, foreign employees shall have their work permits revoked if they fall into the following cases:
– The work permit expires: According to Article 156 of the Labor Code 2019, a Work Permit shall expire when falling into one of the following cases:
+ The term of the work permit expires: A work permit in Vietnam usually has a maximum term of 2 years. When the permit expires, the enterprise must perform the revocation procedure to terminate its legal validity.
+ Termination of the labor contract: When a foreign employee resigns, transfers to another company, or leaves Vietnam, the current work permit will lose its validity and must be revoked to be returned to the permit-issuing authority.
+ The content of the labor contract is not consistent with the content of the issued work permit.
+ Working inconsistently with the content in the issued work permit.
+ The contract in the fields serving as the basis for the issuance of the work permit expires or terminates.
+ There is a written notification from the foreign side ceasing the assignment of the foreign employee to work in Vietnam.
+ The enterprise, organization, Vietnamese partner, or foreign organization in Vietnam utilizing the foreign labor terminates its operation.
– The employer or the foreign employee fails to properly comply with the regulations on the issuance, re-issuance, or extension of the work permit.
– The foreign employee, during the working process in Vietnam, fails to properly comply with the regulations of Vietnamese law and is prosecuted or held criminally liable.
II. Sequence of Procedures for Work Permit Revocation
- For the case where the Work Permit expires
When the Work Permit expires, the company utilizing the foreign employee needs to perform the procedure to revoke the Work Permit and proceed to return it to the issuing authority. To perform the procedure for revoking the work permit of a foreigner in Vietnam, the employer needs to prepare a full dossier in accordance with current legal provisions. The necessary dossier for the revocation and return of the Work Permit to the Permit-issuing authority includes the following documents:
– The original copy of the issued Work Permit of the foreign employee.
– A written report from the enterprise or the employer clearly stating the case of work permit revocation, for example: expired permit, terminated labor contract, employee resignation, or other reasons subject to revocation.
– Documents proving the reason for the work permit revocation, such as an expired or terminated labor contract, a written cessation of assignment from the foreign side (if any), or other relevant documents certified by the enterprise.
Within a time limit of 15 days from the date the Work Permit expires, the employer is responsible for revoking the Work Permit and submitting the dossier for returning the Work Permit to the competent authority that issued the work permit. Employers need to proactively monitor the confirmation from the permit-issuing authority and archive the necessary documents for the purpose of proving that they have fulfilled their obligations as prescribed. In case it cannot be revoked, the reasons must be clearly stated.
- For the case where the Employer or the foreign employee fails to properly comply with the regulations on the issuance, re-issuance, or extension of the work permit, and the case where the Foreign employee, during the working process in Vietnam, fails to properly comply with the regulations of Vietnamese law and is prosecuted or held criminally liable
For these cases, the competent authority that issued the work permit shall issue a decision to revoke the work permit, send a notification to the employer requesting the return of the work permit, and notify the Immigration Department (Ministry of Public Security) for information and coordination in management.
From the date of receiving the notification, the employer is responsible for revoking the work permit of the foreigner and returning the Work Permit to the permit-issuing authority. Specifically, the employer needs to submit full sets of other dossiers serving the return of the Work Permit as follows:
– The original copy of the issued work permit of the foreign employee.
– The notification of work permit revocation sent to the employer.
– Relevant documents proving the reason for revocation (if any).
