What Should Foreign Workers Do When They Are Dismissed?

What Should Foreign Workers Do When They Are Dismissed in Vietnam?

Foreign workers in Vietnam may face termination of employment for various reasons such as labor discipline violations, contract breaches, or company restructuring. When being dismissed, foreign workers need to clearly understand their rights and obligations under Vietnamese labor law to take appropriate action and protect their legal interests. This article,  Apolo Lawyers - Solicitors & Litigators (Tel:(+84) 903. 419. 479) will clarify will clarify and explain the regulations on dismissal of foreign workers.

1. Check Whether the Dismissal is Lawful

According to Vietnam Labor Code 2019, employers can only legally terminate a foreign employee under certain conditions, including:

• Frequent failure to fulfill the job as agreed in the labor contract;
• Serious violations of labor discipline (e.g., theft, harassment);
• Expiration or revocation of the work permit;
• Mutual agreement to terminate the contract.

If a foreign worker is dismissed without a clear and lawful basis, or without proper notice, this may be considered illegal termination. In such cases, the employee has the right to file a complaint or initiate a lawsuit.

What Should Foreign Workers Do When They Are Dismissed in Vietnam

2. What Should Foreign Workers Do When Dismissed?

Upon receiving a dismissal notice, foreign workers should take the following steps:

a) Review the Reason and Documentation

Request a written dismissal decision and all relevant documents. Carefully review the grounds provided and determine whether the dismissal complies with Vietnamese labor law.

b) File a Complaint or Lawsuit

If the worker believes the dismissal is unfair or unlawful, they can:

• File a complaint with the employer or company management;
• Submit a complaint to the Department of Labor – Invalids and Social Affairs (DOLISA) for mediation;
• File a lawsuit with the court under civil procedures.

The statute of limitations for filing a labor-related lawsuit is one year from the date of dismissal.

What Should Foreign Workers Do When They Are Dismissed in Vietnam

c) Request for Settlement of Benefits

Even when dismissed, foreign workers are entitled to the following (if applicable):

• Outstanding salary;
• Severance allowance (if eligible);
• Social insurance contributions;
• Return airfare (if stipulated in the contract).

3. Work Permit and Immigration Implications

When a foreign worker is dismissed in Vietnam, their work permit status and residence status may be directly affected. According to Decree No. 152/2020/ND-CP and relevant immigration laws, the following considerations apply:

a) Termination of the Work Permit

A work permit is only valid for employment with the sponsoring company. If the employment relationship ends:

• The work permit becomes invalid from the date of termination or dismissal.
• The employer is required to notify the Department of Labor, Invalids and Social Affairs (DOLISA) and return the original work permit within 15 working days from the date of termination.
• The employee must not continue working for the same employer without a valid work permit or approval.

b) Options for Continuing to Work in Vietnam

If the foreign worker wants to remain in Vietnam and work for another employer:

• The new employer must submit a new application for a work permit on behalf of the employee.
• In certain cases, the employee can apply for exemption from a new work permit, if they qualify under specific exemptions (e.g., intra-company transferees, international agreements).
• The employee must not begin working for the new employer until the new permit is granted.

c) Immigration and Visa Issues

After dismissal:

• The foreigner temporary residence card (TRC) or visa associated with the former employer may no longer be valid.
• The employee must contact the Immigration Department to confirm their legal stay duration and adjust visa status if necessary.
• If no longer working or permitted to stay, the individual is required to exit Vietnam within the time frame permitted by their current visa or TRC.

d) Legal Risks of Overstaying

Overstaying a visa or continuing to work without a valid work permit or visa status may lead to:

• Fines ranging from VND 15,000,000 to VND 25,000,000 (approx. USD 600–1000);
• Deportation from Vietnam;
• Blacklisting from re-entering Vietnam for a period of time.

What Should Foreign Workers Do When They Are Dismissed in Vietnam

4. Legal Advice is Strongly Recommended

In complicated or high-risk cases, foreign workers should seek professional legal advice. Consulting a lawyer or licensed legal consultancy can help ensure all procedures comply with Vietnamese law and avoid penalties or problems with future employment or residency in Vietnam.

Apolo Lawyers is a legal consulting service provider with a team of high quality and professional lawyers and litigation attorneys, ensuring to provide customers with a full package of legal services. For more detailed information, please contact:

Apolo Lawyers - Solicitors & Litigators

Address: No 108 Tran Dinh Xu Street, Nguyen Cu Trinh Ward, District 1, Ho Chi Minh City

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