Updated: 20 October 2026

From 10 September 2026, a company that employs foreign workers without a work permit faces a fine of VND 60 to 150 million depending on the number of workers, and the workers may be deported. This note sets out the penalties under Decree No. 283/2026/ND-CP, how to assess your exposure and how to regularise before an inspection.

1. The new framework: Decree 283/2026/ND-CP

Decree No. 283/2026/ND-CP on administrative sanctions in labour, social insurance and Vietnamese workers abroad took effect on 10 September 2026, replacing Decree No. 12/2022/ND-CP. Under the transitional rules, a violation that started before that date but continues afterwards is handled under the new Decree. Companies already employing foreigners without a permit are therefore exposed to the new fines until they remedy the breach.

The rules on foreign workers are in Article 13, which refers to Decree No. 219/2025/ND-CP dated 7 August 2025 on foreign workers in Vietnam. Article 7.1 states that fines in Chapters II to IV are amounts for individuals and that organisations pay twice that amount; Article 7.2(b) treats enterprises, and branches and representative offices of Vietnamese or foreign enterprises, as organisations. Household businesses are fined as individuals (Article 7.3).

2. Fines on the employer

Article 13.5 penalises employers using foreign workers without a work permit or without a certificate of exemption, and also employers whose foreign workers' permits have expired or whose exemption certificates are no longer valid. The bands rise with the number of workers. An expired permit is treated the same as no permit, so forgetting to renew while the worker keeps working falls under Article 13.5.

Article 13.2 adds VND 5–10 million per worker (individual amount, capped at VND 75 million) where the foreigner works outside the content of the permit, such as a different position or workplace, and covers breaches on revocation and return of permits. Article 13.1 fines breaches of notification obligations at VND 1–3 million (individual amount).

3. Fines and deportation for the worker

Article 13.3 fines a foreign worker VND 15–25 million for working without a work permit or exemption certificate, or with an expired one. One breach can therefore lead to two decisions: one against the company under Article 13.5 and one against the individual under Article 13.3. Article 13.6(b) allows deportation as an additional sanction. For a company, losing a managing director or key engineer usually costs far more than the fine. The work permit is also the basis for the LD2 visa and the temporary residence card.

4. Falsified files

Article 13.4 fines employers VND 40–60 million (individual amount; VND 80–120 million for companies) for falsifying documents or using forged documents in work permit or exemption applications, where not criminally prosecuted. The documents are confiscated, the worker may be deported and the permit must be returned. The company named in the file is liable even if an intermediary supplied the documents, so foreign documents should be legalised or apostilled properly.

5. Remedial measures and limitation period

Article 13.7 requires the employer to make missing notifications and to return permits or exemption certificates in the cases listed. Article 13.5 carries no separate remedial measure, but to keep the worker the company must still obtain or renew the permit under Decree No. 219/2025/ND-CP. Under Article 3.4(a), the limitation period is one year for labour and social insurance violations; for continuing violations, companies should not rely on it.

6. Practical notes

• Chain of consequences: company fine, worker fine, possible deportation, and knock-on effects on visas and temporary residence cards.
• New FIEs: executives often arrive before their permit is issued; the interim period on another visa is the highest-risk window.
• Manufacturers and contractors: several permits expiring together can push the company into the 11+ worker band.
• Branches and representative offices of foreign companies are organisations and pay double.
• 7S Law recommends keeping a register of permit, visa, TRC and passport expiry dates, filing renewals early, not assigning work before the permit is issued, and regularising immediately once a breach is found.

7. Illustrative scenario

Company A (hypothetical), a foreign-invested LLC in Bac Ninh, employs 12 foreign engineers. In October 2026 it finds that 3 permits expired in August 2026 while the engineers kept working, and 1 newly arrived engineer has no permit. Four workers are involved, so Article 13.5(a) applies and, as a company, it faces VND 60–90 million. Because the breach continues after 10 September 2026, Decree 283/2026/ND-CP applies. Each engineer may also be fined VND 15–25 million and considered for deportation. Company A should suspend their assignments, file new permit applications immediately and check the other 8 engineers.

8. Frequently asked questions

One foreign expert without a permit: what is the fine?
VND 60–90 million for the company under Article 13.5(a) as doubled by Article 7; the expert may be fined VND 15–25 million and considered for deportation.

Is a permit expired for a few weeks treated as no permit?
Yes. Article 13.5 covers expired permits regardless of how long ago they expired.

What does a work permit file include?
Typically documents on the demand for foreign workers, a health certificate, a criminal record certificate, qualifications or proof of expertise and experience, photos and passport, per Decree No. 219/2025/ND-CP. Foreign documents must be legalised or apostilled unless exempt, and translated and certified.

9. How 7S Law can help

• Audit the permit, exemption, visa and TRC status of all foreign staff and set up an expiry tracker.
• Determine whether each worker needs a permit or an exemption certificate.
• Prepare and file new, renewed and re-issued work permits, with legalisation and translation of foreign documents.
• Obtain LD1/LD2 visas and TRCs aligned with the permit; assist with explanations and remedial files after an inspection record is issued.

Appendix: Legal basis

Quoted provisions are unofficial translations by 7S Law.

Author: Tran Huyen Trang

This article is for reference only and reflects the law in force at the date of update. Please consult a lawyer on your specific case before acting.

Contact 7S Law: +84 877 523 888 – lienhe@7slaw.vn