Do foreign workers who quit their job need to return their temporary residence cards?

Returning temporary residence cards is an important issue that foreign workers need to pay attention to when leaving their jobs in Vietnam. This not only affects personal rights but also involves legal procedures. In the following article, Long Phan will provide regulations and procedures related to returning temporary residence cards, along with the rights and obligations of foreign workers when quitting their jobs.

Do foreign workers who quit their job need to return their temporary residence card?

According to Clause 2, Article 45 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, sponsoring agencies, organizations or individuals must notify the immigration agency in writing when Foreigners have valid documents but no longer need a guarantee. They also need to coordinate exit requests.

Temporary residence card is a document certifying the legal residence status of a foreign worker, issued based on a labor contract or guarantee from an enterprise. When the contract ends, the temporary residence card is no longer valid and the employee must return this card.

Procedures for revoking temporary residence cards of foreign workers

Revoking the temporary residence card of foreign workers when they quit their job is the legal responsibility of the sponsoring enterprise. This process includes many steps and requires coordination between businesses, workers and the Immigration Management Agency.

In case foreign workers apply for leave before the deadline

When foreign workers voluntarily resign before the deadline, they must complete procedures to return the temporary residence card to the sponsoring enterprise. Enterprises are responsible for working with immigration authorities to complete the card revocation process.

• Step 1: Prepare documents:

Enterprises need to gather relevant documents such as original temporary residence card, work permit and documents related to the termination of labor contracts.

• Step 2: Notification and application submission:

Enterprises must send an official notice to the Immigration Department and submit an application to revoke the temporary residence card within 15 days from the date the labor contract ends.

• Step 3: Request to leave the country:

If a foreign employee no longer needs to reside in Vietnam after leaving the job, the enterprise must coordinate with the immigration authority to request the foreign employee to leave Vietnam within a reasonable period of time.

In case a Vietnamese enterprise unilaterally terminates the contract

When an enterprise unilaterally terminates a contract with a foreign worker, the responsibility for revoking the temporary residence card still belongs to the enterprise. This process includes:

• Step 1: Notice of contract termination:

Enterprises need to send a clear written notice of termination of the labor contract, clearly stating the reason for termination and the official time of termination of the employee’s employment. This notice must fully comply with the provisions of the Labor Code 2019.

• Step 2: Revoke temporary residence card:

After notifying the contract termination, the enterprise must revoke the foreign worker’s temporary residence card. The temporary residence card must then be returned by the enterprise to the immigration authority within the prescribed period of 15 days from the date of contract termination.

• Step 3: Immigration support:

If the foreign worker does not continue to work in Vietnam after the labor contract ends, the enterprise is responsible for coordinating with the immigration agency to request the foreign worker to leave Vietnam.

The foreign worker intentionally did not return the temporary residence card

In fact, many foreign workers do not cooperate in returning their temporary residence cards after quitting their jobs, making it difficult for businesses to recover them. Specifically, some workers intentionally keep temporary residence cards after the contract ends, violating residence management regulations and possibly leading to illegal residence in Vietnam.

In this case, the business needs to notify the Immigration Department, explaining the reason why the card cannot be revoked. This document will help businesses be exempt from legal liability related to employees using temporary residence cards illegally. Based on the notice, the Immigration Department can decide to cancel the temporary residence card, preventing illegal residence.

Consulting services for issues that arise when foreign workers leave their jobs in Vietnam

When foreign workers leave their jobs in Vietnam, they may encounter many legal issues that need to be resolved. Below are the consulting services that Long Phan provides to support you:

• Provide information about the process and responsibilities related to returning the temporary residence card when no longer working.
• Support in completing necessary legal procedures, including documents related to contract termination and return of temporary residence card.
• Consulting on tax obligations that need to be completed before leaving Vietnam.
• Consulting and support in case of disputes arising between employees and employers.
• Support and advice on regulations and procedures so that foreigners can continue to work in Vietnam.

Understanding your legal rights and obligations is important to ensure the process runs smoothly. Long Phan’s consulting services assist employees in completing leave procedures, returning temporary residence cards, and resolving arising issues related to benefits such as salary, insurance and obligations. tax service. If you need in-depth advice or support with legal issues, please contact us via the hotline: 0906735386.