Vietnamese temporary residence cards (TRC), whose maximum validity is 02 years, are granted by the Immigration Department based on the request of exact sponsoring company. In the event that the employees resign and terminate their labor contracts, what should the employers do to the TRCs of these foreigners?
1. Obligations of employers
The sponsoring companies have to take responsibility to: “Notify immigration authorities in writing of the cases in which foreigners granted entry/exit/residence permits no longer wish to be sponsored during their temporary residence period in Vietnam, and cooperate with competent authorities in requesting such foreigners to leave Vietnam” (No.2 Article 45 Law No. 47/2014/QH13 dated June 16, 2014 of the National Assembly on entry, exit, transit, and residence of foreigners in Vietnam).
As a consequence, if employees terminate their labor contracts before the commitment deadline, employers must notify immigration authorities in writing that they no longer want to sponsor their foreign employees' temporary stay in Vietnam. Additionally, employers must coordinate with the immigration authorities to revoke their employees' temporary residence cards and prepare exit procedures for foreigners.
2. Procedures for returning temporary residence cards when foreign workers lay off or terminate their labor contract ahead of time
Employers need to follow these steps:
Step 1: Prepare a dossier for returning the temporary residence card, including:
• Original passport and temporary residence card of the foreigners.
• A certified copy of temporary residence declaration.
• The decision in writing to terminate labor contracts with their foreign workers.
Step 2: Contact the Immigration authorities of Vietnam to revoke their workers’ temporary residence cards with a dispatch asking the immigration administration to ensure that the employees will exit when the contracts are terminated.
In the event that the foreigners try to stay in Vietnam longer than the time set on the exit visa granted after their TRC has been revoked, they will be punished by the Vietnam government according to illegal-stay regulations. Even if employees intentionally do not return their temporary residence cards, employers still need to notify the Immigration Department in writing explaining why they cannot revoke the temporary residence cards. Employers may consider this a basis for disclaiming liability.
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