It is necessary for a foreign worker to exit from Vietnam, apply for the reissue of his work permit and his temporary resident card in case he/she shall work at another company, isn’t it?

Question:

Mr. A is Japanese and is working at International Labor Export Joint Stock Company under a two-year labor contract (from January 1, 2019 to December 31, 2020). His job title is Chief Executive Officer (CEO). However, Mr. A and the Company agreed to terminate the labor contract ahead of time (in February 1, 2020). B Limited Liability Company offered Mr. A to work as a CEO at the company from February 1, 2020. Mr.A wonders whether he must exit from Vietnam (then enter again), and apply for the reissue of his work permit and his temporary residence card in this case

Our advice:

According to the mentioned-above information, Your Company has some questions relating to the exit from Vietnam, the reissue of the work permit and the temporary resident card for a foreigner working in Vietnam in the case of terminating the labor contract ahead of time in a company and continuing to work at another company, Bizlawyer would like to have some advice as follows:

Firstly, regarding Mr. A’s exit from Vietnam 

Article 44.2(b) of 2014 Law on Exit, Entry, Transit, and Residence of Foreigners in Vietnam (“Immigration Law”) stipulates that a foreigner entering, exiting from, and residing in Vietnam has the obligation to ensure “His/her activities in Vietnam suitable for his/her purpose of entry”

At the same time, under Article 45.2(f) of the Immigration Law, the organization inviting and sponsoring the foreigner to enter Vietnam has responsibility for: “Notifying in writing to the immigration management agency that it no longer has the need to sponsor the foreigner who is granted documents for the entry, exit, and residence with a valid term during the foreigner’s temporary resident period in Vietnam and coordinating with competent agencies to require the foreigner to exit”

Under Article 6 of the Immigration Law, if a foreigner breaks Article 44.2(b) by conducting activities contrary to his/her purpose of entry, the permits for his entry, exit from and residence in Vietnam will be revoked or canceled.

Based on the above provisions, in this case, Mr.A is sponsored by the International Labor Export Joint Stock Company to work in Vietnam under the Labor Contract and has been granted a temporary resident card upon this. However, the two parties have agreed to terminate the labor contract ahead of time, which changes his entry purpose. Therefore, after completing procedures for terminating the labor contract, the new sponsor (B company), shall notify the Immigration Department in writing that it no longer has the need to sponsor Mr.A during his temporary resident period in Vietnam. The sponsor also has responsibility for coordinating with competent agencies to revoke and cancel Mr.A’s temporary residence card, and for carrying out related procedures so that Mr.A has enough time to prepare for his exit from Vietnam. Then, B company needs to carry out procedures for sponsoring Mr. A to enter Vietnam at the immigration management agency, which will enable Mr. A to enter Vietnam and work at the B company under a labor contract.

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Secondly, regarding the reissue of Mr.A’s work permit and temporary residence card

Article 174 of 2012 Labor Code stipulates that “the termination of a labor contract” is one of the cases causing the expiration of a work permit

Clause 1, Article 169 of the 2012 Labor Code stipulates that one of the conditions for foreign citizens to work in Vietnam is “having a work permit granted by a competent agency… “

And clause 13, Article 13 of the Law on Entry, Exit and Residence defines the temporary resident card as “a document which is issued by the immigration management agency or the competent agency of Ministry of Foreign Affairs. This document determines the duration of temporary residence of the foreigner in Vietnam and can replace the visa”

According to the above provisions, when Mr.A terminates his labor contract with the International Labor Export Joint Stock Company, Mr.A’s work permit will automatically expire. Therefore, after carrying out procedures for sponsoring Mr.A to enter Vietnam, the B Limited Liability Company shall implement procedures to request the competent agency to grant a new work permit to Mr.A so that Mr.A can work at this company. Based on the contents of this work permit, the immigration management agency will consider Mr.A for issuing a new temporary resident card and then he can reside for a limited time in Vietnam

Conclusion

Should our clients have any enquiry or demand of detailed advice about the application for work permit and residence card for foreigners, please contact us via our email: Info@bizlawyer.vn or Hotline Call: +8486.888.1900 for timely advice and support.

Sincerely thanks./.