Procedures for returning temporary residence cards for foreigners in Vietnam
Currently, companies employing foreign workers are responsible for ensuring entry visas, work permits, and temporary residence permits so that foreign workers can legally live and work in the Vietnamese territory. now available. However, the fact that foreigners are sponsored by enterprises to work in Vietnam and then want to change jobs or quit jobs happens a lot. So in this case, what is the procedure for returning the temporary residence card to a foreigner? Let’s clarify this issue with a lawyer through the content of the article. Let’s find out with Lawyer X about the procedure for returning temporary residence cards for foreigners in Vietnam through the following article:
Legal grounds
Law on entry, exit, transit and residence of foreigners in Vietnam amended and supplemented in 2019
What is a temporary residence card for foreigners?
Temporary residence card is one of the key issues when it comes to state management of residence for foreigners. Temporary and permanent residence cards are important and necessary documents for foreigners to reside in Vietnam. According to the explanation in Clause 13, Article 3 of the Law on entry, exit, transit and residence of foreigners in Vietnam: “Temporary residence card is a document issued by an immigration management agency or a competent authority of the Ministry of Foreign Affairs to grant foreigners permission to reside in Vietnam for a definite period and is valid in lieu of a visa.”
Conditions for granting temporary residence cards to foreigners
Conditions for granting a temporary residence card stipulate that foreigners need to meet the following requirements if they want to apply for this type of card:
Have a passport valid for at least 13 months (the longer the passport validity, the longer the duration of the temporary residence card);
Foreigners must register for temporary residence at commune and ward police stations according to regulations of competent agencies;
On the contrary, the subjects must be held criminally responsible. The subject is the defendant in commercial, civil and labor disputes. Persons obliged to execute criminal, civil, economic judgments, execute decisions on sanctioning administrative violations, tax obligations and other financial obligations shall not be granted temporary residence cards in Vietnam.
Cases of returning temporary residence cards to foreigners
Temporary residence card is a document issued by an immigration management agency or a competent agency of the Ministry of Foreign Affairs to a foreigner who is allowed to reside in Vietnam for a definite time and is valid in lieu of a visa.
Managing employees always has many complicated procedures, especially foreign workers. Enterprises must carry out procedures for returning temporary residence cards to foreigners; or the procedure for revoking temporary residence card in case that person voluntarily terminates the labor contract before the expiry date but the temporary residence card is still valid or the case, the term of the labor contract has expired but the company does not renew it more – the company unilaterally terminates the labor contract.
In order to avoid unfortunate situations when inviting and guaranteeing foreigners to work, businesses and companies need to carefully study the regulations; their rights and obligations towards foreign workers upon entering and working in Vietnam.
Return the temporary residence card in case the foreigner quits his job before the deadline
Pursuant to Article 45 of the Law on entry, exit, transit and residence of foreigners in Vietnam, which provides for the rights and responsibilities of agencies and organizations that guarantee foreigners for temporary residence cards, then:
- When a foreign worker leaves the company but still has a valid temporary residence card guaranteed by the company, that company has the right to make a written notice to the Immigration Department of Vietnam about the withdrawal of the card temporary residence of foreigners. Simultaneously, cancel the valid temporary residence card of foreigners in Vietnam due to termination of labor contract or voluntary resignation.
- The enterprise or the guarantee company is responsible for coordinating with the Vietnam Immigration Agency to send an official letter requesting the employee to exit Vietnam.
- The business side, the company will have to draft the official letter; at the same time, enclose the original temporary residence card of the foreigner that has been returned when he or she quits work.
Return the temporary residence card in case the company unilaterally terminates the labor contract
In case the foreigner is allowed by the company or terminates the labor contract ahead of time. The company also does the same as in the case of “employees resign before the deadline”. However, after revoking the employee’s temporary residence card; At the same time, the company must apply for a visa for a period of 15 days; so that workers have time to arrange exit from Vietnam; or extend temporary residence cards for foreigners for a few more months to facilitate workers to find a new company to continue to be guaranteed temporary residence cards and work in Vietnam.
Dossier to apply for a 15-day visa for foreigners
- Original passport of the foreigner;
- An application form for extension of temporary residence for foreigners according to the prescribed form (NA5);
- Legal documents of the company, organization or enterprise, including: Business registration; registration of seal samples; referral…
- Original alien’s temporary residence card.
Returning the temporary residence card of the foreigner who quits work
Temporary residence card is guaranteed by the company and issued by the Immigration Department for foreigners. Therefore, the company has the right to withdraw it when the foreigner leaves the job and return it to the agency that issued the card.
The Immigration Law has the following provisions:
“Notify in writing to the immigration management agency that the foreigner has been granted a valid entry, exit and residence document but no longer needs to be guaranteed during his/her temporary stay in Vietnam. Vietnam and coordinate with relevant authorities to request foreigners to exit.”
Thus, not only revoke the issued temporary residence card, but the company must coordinate to request foreigners to exit.
Dossier for returning temporary residence card
- Passport and temporary residence card of foreigners. Original.
- Visa extension application form. Model NA5
- Temporary residence declaration. Copy.
- Decide to terminate labor contracts with foreigners.
- Confirmation of revocation of work permit/ Work permit exemption certificate issued by the Department of Labor. Original/Notarized.
Number of records: 01 set
*Note:
– Temporary residence declaration: You can register for temporary residence declaration online.
– The result of this procedure is that the foreigner is granted a short-term visa. Foreigners must exit Vietnam within the prescribed time limit.
The latest procedure for returning temporary residence cards to foreigners
The steps to carry out procedures for canceling temporary residence cards for foreigners are as follows:
Step 1: Prepare all the employee’s documents, the most important of which is the employee’s temporary residence card (original)
Step 2: The company contacts the Vietnam Immigration Agency to carry out procedures to revoke the temporary residence card. In addition, the company must also send a written request to exit the foreign worker from the territory of Vietnam when the labor contract has been terminated.
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Please see more:
Service of making work permits for foreigners in Vietnam
Procedures for applying for a construction permit in Vietnam
Apply for a temporary residence card in Vietnam for a husband who is a foreigner
Frequently asked questions
The duration of the temporary residence card issued is at least 30 days shorter than the remaining validity of the passport.
Temporary residence card with symbol DT1 is valid for not more than 10 years.
Temporary residence cards with symbols NG3, LV1, LV2, LS, DT2 and DH are valid for no more than 5 years.
Temporary residence cards with symbols NN1, NN2, DT3, TT are valid for no more than 03 years.
Temporary residence cards with symbols LD1, LD2 and PV1 are valid for no more than 02 years.
Foreigners who are members of diplomatic missions or consular offices; representative offices of international organizations under the United Nations; intergovernmental organizations in Vietnam and their spouses and children under 18 years of age; maids accompanied by term.
Foreigners enter Vietnam with visas with symbols: LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT. The temporary residence card has the same symbol as the visa.
Conclusion: So the above is Procedures for returning temporary residence cards for foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
