Question:

What are the conditions for foreign employees to work in Vietnam, and how does criminal prosecution affect their Work Permit?

Legal Advice on Working Conditions and Revocation of Work Permits

Answer: 

The conditions for foreign employees to work legally in Vietnam are strictly stipulated under Article 151 of the 2019 Labor Code. Accordingly, a foreign employee must meet all of the following requirements: be at least 18 years old, have full legal capacity for civil acts, possess appropriate professional qualifications, technical skills, and relevant work experience for the job position, and satisfy health requirements as prescribed by the Ministry of Health.

A fundamental and particularly important legal condition is that the foreign employee must not be currently serving a criminal sentence, must not have an unexpunged criminal record, and must not be under criminal prosecution in accordance with the laws of Vietnam or foreign jurisdictions. These conditions serve as the basis for competent authorities to consider granting a Work Permit to foreign employees.

Regarding the maintenance of lawful working status, if a foreign employee, during their employment in Vietnam, violates the law and becomes subject to criminal prosecution, they may face the risk of having their Work Permit revoked. Specifically, pursuant to Clause 3, Article 30 of Decree No. 219/2025/ND-CP, competent authorities shall revoke the Work Permit in cases where the foreign employee is prosecuted or subject to criminal proceedings.

Once a revocation decision is issued, the Work Permit automatically becomes invalid in accordance with Article 156 of the 2019 Labor Code. As a result, the foreign employee no longer meets the conditions set out in Article 151 and must cease all lawful employment activities in Vietnam until all legal issues have been fully resolved and the criminal record has been expunged.