A Foreign Expert Keeps Working After Their Work Permit Expires: Fines and Remedies

Expired work permit handling Vietnam — what should be done when a work permit expires — is a question many FDI companies ask when their HR department misses the extension deadline. The scenario below is hypothetical and for illustration only: a foreign expert keeps working after their work permit has expired, and the company must face what sanctions and how to remedy them in compliance with the law.

Table of contents

• 1. The scenario (hypothetical)
• 2. Legal questions
• 3. Analysis
• 4. Conclusion and recommendations
• 5. Extended questions

1. The scenario (hypothetical)

The scenario below is hypothetical and for illustration only, not a real case. Company M (a 100% Korean-owned enterprise with a factory in Dong Nai) signs a 2-year labour contract with Mr K (Korean nationality), assigning him to the position of production technical expert. – F1. 2-year labour contract, position: production technical expert. – F2. Mr K's work permit clearly states its term ends on 15/8/2026. – F3. HR forgot to file the extension dossier; only on 20/8/2026 did they discover the permit had expired without extension. – F4. From 16/8/2026 to now, Mr K still comes to the factory to work normally and receives full salary. – F5. On 10/9/2026, an inspection team from the Department of Home Affairs inspects and draws up a record on the use of foreign labour. – F6. Mr K is staying in Vietnam on a temporary residence card valid until 30/11/2026.

2. Legal questions

• Q1. From 16/8/2026, is Mr K's continued work still lawful? What sanctions do the company and Mr K face?
• Q2. Can the company apply to "extend" an expired work permit? If not, what is the correct procedure and how long does it take?
• Q3. While waiting for the new permit, how should the company arrange Mr K's work to minimise legal risk?

3. Analysis

3.1. Applicable legal framework

On the validity of the work permit. Article 155 of the Labour Code 2019 provides that a work permit's term is at most 02 years, and an extension is only allowed once for at most 02 years. Article 156 lists the cases where a work permit ceases to be effective, the first of which is expiry of the term. Applied to F2: from 16/8/2026, Mr K's work permit has ceased to be effective.

On the conditions for foreign workers to work. Point d, Clause 1, Article 151 of the Labour Code 2019 requires foreign workers working in Vietnam to hold a work permit issued by a competent Vietnamese state authority, except cases not subject to work permits under Article 154. Applied to F4: from 16/8/2026, Mr K works in Vietnam without a valid work permit. This is the crux of the entire scenario.

On extension conditions. Article 28 of Decree 219/2025/ND-CP requires the employer to file the extension application at least 10 days but no more than 45 days before the permit expires; within 10 working days from receiving a complete dossier, the competent authority reviews the demand and extends the permit. In other words, extension is only possible while the permit is still valid at filing. Applied to F3: when the company discovered the situation on 20/8/2026, the permit had been ineffective since 16/8/2026 — no longer meeting the "still valid" condition — the extension door is closed.

On administrative sanctions. Article 13 of Decree 283/2026/ND-CP provides in detail:

• Clause 3: a fine of VND 15,000,000 to 25,000,000 on a foreign worker working in Vietnam without a work permit, or using an expired work permit. Applies to Mr K.
• Clause 5: fines on employers using foreign workers without a work permit, or with an expired work permit: VND 30,000,000 to 45,000,000 for violations involving 01 to 10 persons; VND 45,000,000 to 60,000,000 for 11–20 persons; VND 60,000,000 to 75,000,000 for 21 or more persons. Applies to the company (only 01 person in this case).
• Article 7 of Decree 283/2026/ND-CP: the above fine levels are for individuals; fines for organisations are twice the individual levels. Company M is an organisation, so the actual fine range is VND 60,000,000 to 90,000,000.
• Clause 6, Article 13: the additional sanction — deportation of a foreign worker working in Vietnam in violation of Clauses 3 and 4 of this Article. This is the most serious risk for Mr K, though whether it is applied depends on the competent authority's decision in each case.

Transition note. Decree 283/2026/ND-CP took effect on 10/9/2026. The conduct in the scenario (Mr K working on an expired permit since 16/8/2026) was still ongoing when the new decree took effect — under the transition principle in Clause 2, Article 67 of Decree 283/2026/ND-CP, the competent authority applies the new decree's fine framework to this continuing conduct.

On the labour contract. Clause 2, Article 151 of the Labour Code 2019 provides that the term of a labour contract for a foreign worker in Vietnam may not exceed the work permit's term. Applied to F1: Mr K's 2-year contract ran alongside the permit term ending 15/8/2026. From 16/8/2026, not only has the permit ceased to be effective but the contract term has also expired — the company cannot rely on the old contract to justify continuing to use Mr K.

On mitigating circumstances. Article 9 of the Law on Handling of Administrative Violations 2012 (amended 2020) treats the violator's voluntary remediation of consequences, voluntary reporting, honest repentance and active assistance to authorities as mitigating circumstances. This is the basis for the company to proactively remedy from the moment of discovery (F3), rather than waiting until a record is drawn up (F5).

3.2. Option A: Stop assigning work immediately and file for a new work permit

Content. As soon as discovered (or right now if not yet done):

1. Immediately stop assigning Mr K work in Vietnam: no attendance records, no factory assignments, no more management documents signed under Mr K's name. Each further working day after 15/8/2026 may be counted as a continuing violation.
2. File for a new work permit under Article 22 of Decree 219/2025/ND-CP: within 60 days but no less than 10 days before Mr K's expected return-to-work date; the competent authority reviews the demand and issues the permit within 10 working days from receiving a complete valid dossier.
3. Prepare the dossier proving Mr K is an expert under Clause 3, Article 3 of Decree 219/2025/ND-CP: a university degree or higher (or equivalent) and at least 02 years of work experience relevant to the expected position — the new regulation has shortened this from 03 years to 02 years. An advantage: the new-permit dossier can reuse documents from the previous issuance (degrees, experience confirmation letters) if still relevant, speeding up preparation; check the specific dossier list in Article 22 of Decree 219/2025/ND-CP.
4. Check the approval of the demand for foreign workers: the new procedure under Article 22 of Decree 219/2025/ND-CP has merged demand approval and permit issuance into one unified process (10 working days) — if the old approval document is still valid, keep using it; otherwise the demand explanation is carried out simultaneously within the permit application dossier.
5. After the new permit is issued: sign a new written labour contract before Mr K's return-to-work date — Clause 2, Article 151 of the Labour Code 2019 does not allow the contract term to exceed the permit term. Send the signed contract to the licensing authority as required.
6. Work with the inspection team: provide complete dossiers, honestly explain the cause (an administrative oversight, not intentional), and prove proactive remediation (new-permit dossier filed, work assignment stopped) to be considered for mitigation under Article 9 of the Law on Handling of Administrative Violations.

Advantages. Follows the lawful process; stops the violation immediately with no new violation days arising; creates grounds to request fine mitigation; the new permit may be issued within about 10 working days after filing a complete valid dossier. This is the lawful and fastest way to handle an expired work permit once the extension deadline has passed.

Risks and limits. The company will still be sanctioned for conduct that already occurred from 16/8 to 10/9 (there is no way to erase a past violation); Mr K still faces the risk of deportation under Clause 6, Article 13 of Decree 283/2026/ND-CP; the expert position's work is interrupted while awaiting the permit.

3.3. Option B: Move Mr K to work from abroad while awaiting the new permit

Content. While awaiting the new permit, the company arranges for Mr K to return to Korea (or a third country) and work remotely: coordinating technical matters through online systems, reviewing documents, training staff by video. Mr K only returns to work in Vietnam after the new permit is issued and the new labour contract is signed.

Legal basis. The conduct sanctioned under Article 13 of Decree 283/2026/ND-CP is "working in Vietnam" without a work permit. If the worker genuinely works from outside Vietnamese territory, no new "working in Vietnam" conduct arises. An important note: if Mr K stays in Vietnam and merely "works remotely" for the company, in substance he is still working in Vietnam — this option only makes sense if Mr K genuinely exits the country.

Advantages. Keeps part of the expert position's work going; no new violation arises while waiting; demonstrates compliance goodwill to the inspection authority.

Risks and limits. Travel and accommodation costs; unsuitable for positions requiring physical presence at the factory; does not erase past violations; personal income tax obligations and residence status need review when the worker exits and enters repeatedly. This option should be implemented combined with Option A (still filing for a new permit), not as a substitute.

3.4. The rejected option: applying to "extend" an expired permit

Many companies in this situation first instinctively file for extension, because extension procedures are simpler than a new issuance. But this option is not legally viable:

• Article 28 of Decree 219/2025/ND-CP requires the extension dossier to be filed at least 10 days while the permit is still valid. A permit that expired on 16/8/2026 does not meet this condition — the dossier will be rejected.
• The "re-issuance" procedure in Article 18 of Decree 219/2025/ND-CP only applies when the permit is still valid but lost, damaged, or with changed content (name, nationality, passport number, workplace…). Expiry is not a re-issuance case.
• Filing an extension dossier in this case only wastes time, while each passing day without a new permit leaves the legal risk intact.

Conclusion of this section: for an expired permit, a new issuance is the only path.

3.5. Comparing the options

4. Conclusion and recommendations

Tracing back to the given facts: Mr K's permit ceased to be effective on 16/8/2026 (F2, Article 156 of the Labour Code 2019); from that point, his continued work at the factory was working without a work permit (F4, point d, Clause 1, Article 151); the company, as an organisation using 01 foreign worker with an expired permit, faces a fine range of VND 60–90 million (Clause 5, Article 13 and Article 7 of Decree 283/2026/ND-CP); Mr K himself faces a fine of VND 15–25 million and the risk of deportation (Clauses 3 and 6, Article 13). The extension door closed when the permit ceased to be effective (F3, Article 28 of Decree 219/2025/ND-CP).

Option A fits this scenario — immediately stop assigning Mr K work in Vietnam and file for a new work permit; combine with Option B if work continuity is needed (Mr K genuinely working from outside Vietnam while waiting). In short, an expired work permit is handled through a new issuance, not an extension, and work assignment in Vietnam must stop immediately until the new permit is in hand.

Specific next steps:

1. Within 24 hours: stop work assignments, make an internal record noting the stop time; review all other foreign workers of the company for any permits nearing expiry.
2. Within 03 working days: complete the new-issuance dossier under Article 22 of Decree 219/2025/ND-CP (expert proof dossier: university degree or higher and at least 02 years of relevant experience under Clause 3, Article 3); prepare the explanation of the demand for foreign workers since the new procedure merges demand approval and issuance into one step.
3. File the dossier within 60 days but no less than 10 days before Mr K's expected return-to-work date; track the processing progress (10 working days).
4. Sign a new labour contract before Mr K's return-to-work date; send the contract to the licensing authority as required.
5. Prepare the dossier for working with the inspection team: a written explanation of the cause, evidence of proactive remediation, and a request to consider mitigating circumstances.
6. Review Mr K's temporary residence card with the immigration authority, since the work permit is one of the bases of labour residence status.

Note: the above conclusion holds only for the given assumptions. Changing one fact — for example, Mr K being exempt from work permits under Article 154, or the permit still having a few days left — could completely change the outcome. A real case needs a lawyer's separate assessment on the company's specific dossier.

5. Extended questions

What if Mr K's permit still had 10 days left before expiry? Then the company is still within the window of "at least 10 days but no more than 45 days before expiry" — file the extension dossier immediately under Article 28 of Decree 219/2025/ND-CP, far simpler and faster than a new issuance. That is the governance lesson: set a reminder 45 days ahead.

What if Mr K were a manager or executive director instead of an expert? The sanction framework and new-issuance procedure are basically unchanged; only the proof dossier differs: instead of degrees and expert experience, the company charter, appointment decision and documents proving the managerial position under Decree 219/2025/ND-CP are needed.

What if the company had 15 foreign experts whose permits expired together? The fine range for an organisation jumps to the 11–20 person tier: VND 90–120 million (VND 45–60 million at individual level doubled under Article 7 of Decree 283/2026/ND-CP). Such systemic risk shows companies need a centralised permit-expiry tracking process rather than relying on one person's memory.

What if Mr K were exempt from work permits (e.g. working in Vietnam under 30 days)? Then the entire analysis above does not apply; but the company must still complete the reporting procedure with the labour authority as prescribed. See our in-depth article on work permit procedures from A to Z.

Is your situation different in the details?

Every case has its own details: the expiry date, the number of workers, the dossier status, the inspection developments. For a separate assessment on your company's actual dossier, please contact FLAT Law Firm at hotline 0988424851.

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References

• Labour Code 2019 (No. 45/2019/QH14), effective from 01/01/2021.
• Decree 219/2025/ND-CP dated 07/8/2025 of the Government on foreign workers in Vietnam, effective from 07/8/2025 (replacing Decree 152/2020/ND-CP).
• Decree 283/2026/ND-CP of the Government on administrative sanctions in labour, social insurance and employment, effective from 10/9/2026 (replacing Decree 12/2022/ND-CP).
• Law on Handling of Administrative Violations 2012 (amended 2020).