For multinational companies and skilled professionals relocating to Vietnam, the opportunity to work in one of Asia’s fastest-growing economies is both exciting and rewarding. Yet, with this opportunity comes a complex legal environment, particularly when it comes to work permit compliance. Vietnam has increasingly tightened its regulations and enforcement efforts, leaving little room for administrative oversights.

This guide provides practical insights into what constitutes a work permit violation in Vietnam, the penalties involved, and how foreign workers and HR professionals can stay compliant in 2025 and beyond.

What Constitutes a Work Permit Violation?

Understanding what qualifies as a work permit violation is the first step in avoiding compliance risks. Vietnam’s labor authorities take a strict view on procedural accuracy, and even minor errors can have significant consequences. Work permit violations typically occur when foreign nationals or employers fail to comply with Vietnam’s labor regulations. Key violations include:

• Working without a valid work permit or under an expired permit
• Performing duties not aligned with the job title or location stated in the permit
• Using falsified documents or inaccurate information in the application
• Failing to reapply when transferring to a new employer or role
• Employers hiring foreign workers without obtaining proper authorization

These breaches, whether intentional or due to administrative oversight, can lead to serious consequences under Vietnam’s labor laws.

Common Scenarios That Lead to Violations

While the legal framework is clear, real-world application often reveals gray areas that can lead to unintentional breaches. Even well-meaning employers and foreign workers can fall into non-compliance due to unclear rules, shifting regulations, or procedural mistakes. Common scenarios include:

• Misinterpreting exemptions from work permit requirements (e.g. assuming short-term projects are exempt without filing documentation)
• Letting work permits expire while awaiting renewal approvals
• Reassigning a foreign employee to a different role or location without updating the permit
• Hiring freelance foreign workers without going through the permit process
• HR departments failing to report changes in employment status to authorities

Staying informed and proactive can prevent these issues from escalating into violations.

Penalties for Work Permit Violations in Vietnam

The Vietnamese government has implemented clear penalties for both individuals and employers who violate work permit regulations:

For Foreign Workers:

• Fines ranging from VND 1 million to VND 25 million depending on the violation
• Possible deportation or temporary ban from re-entry for working without authorization

For Employers:

• Fines of VND 30 million to VND 75 million per foreign employee working without a valid permit
• Reputational risks and potential suspension of business operations in serious cases

These penalties are enforced by the Department of Labor, Invalids, and Social Affairs (DoLISA) and local inspection bodies.

Work Permit Renewal and Reapplication: What’s Changed in 2025?

Under the latest labor regulations, Vietnam has eliminated the concept of automatic renewal for work permits in many cases. Instead, foreign employees often need to undergo a full reapplication process.

Key changes in 2025 include:

• No renewal after 2 permits: In most cases, after two work permits have been granted, the applicant must reapply from the beginning with updated documentation.
• Fresh documentation: Reapplication requires resubmitting legalized qualifications, health certificates, criminal records, and employment contracts.
• Tighter deadlines: Applications must be submitted well in advance (typically at least 15—30 days) before expiration to avoid gaps in legal status.

Foreign workers and HR teams should plan early and coordinate closely with legal advisors to manage these procedural shifts.

Who Is Exempt from Needing a Work Permit in Vietnam?

Certain foreign nationals may be exempt from work permit requirements, but this does not mean they are exempt from compliance.

Common exemptions include:

• Capital-contributing members or owners of limited liability companies
• Members of the Board of Directors of joint-stock companies
• Foreign lawyers licensed in Vietnam
• Intra-company transferees from countries with which Vietnam has trade agreements (e.g. CPTPP, EVFTA)
• Foreigners working in Vietnam for less than 30 days per visit, and under 90 days per year

Important: Even if exempt, these individuals must submit a work permit exemption request to DoLISA, along with supporting documents. Failure to register an exemption is treated as a violation.

How to Stay Compliant: Tips for Foreign Workers and HR

To minimize risk and maintain good standing with authorities:

• Align the job title and location listed in the permit with the employee’s actual duties and placement
• Track expiration dates and begin the application or reapplication process early
• Maintain accurate personnel records, including updated contracts, job descriptions, and passports
• Report changes in employment status, role, or company structure to DoLISA promptly
• Consult legal experts on exemption eligibility, new policies, or uncommon employment arrangements

Proactive compliance reduces the risk of fines, interruptions to work, and reputational harm.

Conclusion

Vietnam enforces work permit regulations with increasing precision, and violations can result in serious consequences for both foreign workers and the companies that employ them. With new 2025 updates, HR departments must pay closer attention to application timelines, job role consistency, and exemption procedures.

Le & Tran is a leading Vietnamese law firm trusted by global employers and professionals for labor compliance and immigration advisory. We are consistently ranked by Chambers, Legal500, and Benchmark Litigation, and recommended by the US Consulate and AmCham Vietnam.

For legal support in managing work permits and labor compliance in Vietnam, contact us at info@letranlaw.com.