VI The employment of foreign workers is always accompanied by strict regulations aimed at managing the labor market and ensuring security and order in Vietnam. When a foreign employee terminates their contract or concludes their working period in Vietnam, the legal responsibility of the enterprise extends beyond contract liquidation; it also includes the procedure for revoking the Work Permit and Temporary Residence Card. This is a mandatory process that must be carried out within the prescribed deadline and in accordance with legal procedures to avoid unnecessary administrative penalties. Understanding the necessary steps is crucial for the enterprise to fulfill its obligations. Let Pham Consult guide you through the details of this process.
- Legal regulations on the revocation of Work Permits and Temporary Residence Cards for foreigners concluding employment in Vietnam
Article 156 of the Labor Code 2019 stipulates that when a foreigner concludes their work in Vietnam, their Work Permit shall expire. At this time, according to Clause 1, Article 30 of the Government’s Decree No. 219/2025/ND-CP regulating foreign workers in Vietnam, the company must revoke the foreigner’s Work Permit.
When a foreigner’s Work Permit expires, their Temporary Residence Card (TRC) also naturally loses its validity. According to Clause 2, Article 45 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, the agency or organization inviting or sponsoring the foreigner to work in Vietnam is responsible for notifying the immigration management authority in writing about the foreigner who was granted valid entry, exit, and residence documents but is no longer sponsored during their temporary stay in Vietnam, and for coordinating with the functional authorities to request the foreigner’s exit.
- Procedure for revoking the Work Permit of foreigners concluding employment in Vietnam
When a foreigner finishes their working period at the company, the company must carry out the procedure for revoking the foreigner’s Work Permit and return it to the issuing authority. To carry out the work permit revocation procedure for a foreigner in Vietnam, the enterprise or employer needs to prepare a complete set of documents according to current legal regulations. The necessary documents for revoking and returning the Work Permit to the issuing authority include the following:
– The original Work Permit that was issued to the foreign employee.
– A written report from the enterprise or employer clearly stating the case for revocation (e.g., permit expiration, termination of labor contract, employee resignation, or other reasons warranting revocation).
– Documents proving the reason for the work permit revocation, such as the expired or terminated labor contract, a written notice of assignment cessation from the foreign party (if applicable), or other relevant documents certified by the enterprise.
Within 15 days from the date the Work Permit expires, the employer must revoke the Work Permit and submit the revocation application to the competent authority that issued the Work Permit. The employer needs to proactively monitor the confirmation from the issuing authority and retain necessary documents to prove that the obligation has been fulfilled as stipulated.
- Procedure for revoking the Temporary Residence Card of foreigners concluding employment in Vietnam
To legally reside and work in Vietnam, in addition to a Work Permit, foreign workers must have a Temporary Residence Card (TRC) sponsored by the company they work for. Therefore, when the Work Permit expires, the TRC may also lose its validity accordingly.
As regulated, the company employing the foreigner must notify the immigration management authority that the foreigner who was granted valid entry, exit, and residence documents is no longer sponsored during their temporary stay in Vietnam and coordinate with functional authorities to request the foreigner’s exit.
Therefore, in addition to revoking the Work Permit, the Company is responsible for collecting the employee’s TRC to submit to the immigration management authority and simultaneously apply for a temporary stay extension to allow the foreign employee to prepare for their exit from Vietnam. The required application may include:
– The official letter requesting the return of the TRC.
– The foreigner’s original passport.
– The original TRC.
– The confirmation of work permit revocation (if available).
– Legal documentation of the sponsoring enterprise (business license, certificate of seal registration, etc.).
The foreign employee is responsible for returning the TRC to the immigration management authority. After receiving the TRC and information regarding the work permit revocation, the immigration management authority will proceed with the TRC revocation. After the TRC is no longer valid, the foreign employee will proceed with a temporary stay extension to have enough time to prepare for their exit from Vietnam. The foreigner is responsible for leaving the territory of Vietnam by the specified deadline.
