Sanction acts of enterprises using illegal foreign workers

Employing a foreign worker requires the business to monitor the actual role, employer, work location and permission to work. A permit or exemption should be checked against the proposed arrangement before work begins.

Identify the compliance gap

A review should compare the work being performed with the relevant permit or exemption, employment documents and immigration status. Check dates and scope rather than rely only on a copy of a document in the personnel file.

Potential issues include starting work before the appropriate process is complete, continuing after expiry or changing the working arrangement without assessing the necessary steps. The precise breach must be identified before its consequences can be evaluated.

Avoid assumptions about penalties

Consequences depend on the conduct, the responsible person or entity and the rules applicable at the relevant time. Do not assume that every irregularity automatically leads to business suspension, removal from Vietnam or an entry ban.

The employer and worker may have different responsibilities. A lawyer can help identify the relevant provision and evidence, assess an official notice and distinguish a possible sanction from a required corrective action.

Build preventive controls and a response plan

Maintain a register of permits, exemptions and relevant expiry dates. Assign responsibility for reviewing a proposed change in duties, location or employing entity before it happens. Coordinate human resources, immigration and operational decisions.

If a problem is discovered, preserve the records and obtain advice on lawful next steps. Do not backdate documents or describe an incomplete application as an issued permission. A clear chronology and accurate account of the actual work help the business assess remediation and respond to the competent authority.