DO FOREIGN EMPLOYEES TERMINATE THE WORK BEFORE THE TERM MUST RETURN THE TEMPORARY RESIDENTIAL CARD?
Question: Hello Lawyer, I have a problem that I would like to consult with a lawyer. My company has 1 foreign worker (having a work permit and temporary residence card within its validity period), but our company is about to transfer ownership and the new owner has no need to use the labor force foreign movement. I want to ask: after the company is transferred, can foreigners no longer work, can continue to use the current temporary residence card? Thank you!
Answer: Hi, for your question, Gattaca has the following advice
Temporary residence card (Vietnam temporary residence card) is a type of 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 a temporary residence card valid as a substitute for a visa.
According to Article 1 of the Law on entry, exit, transit and residence of foreigners in Vietnam 2014 (amended in Clause 3, Article 1 of the Law on entry, exit, transit and residence of foreigners in Vietnam). South Amendment 2019), the visa symbol "LD" - Issued to people entering the workforce includes:
(i) LD1 - Issued to foreigners working in Vietnam with certification that they are not eligible for work permits, unless otherwise provided for in an international treaty to which Vietnam is a signatory;
(ii) LD2 - Issued to foreigners working in Vietnam who are required to have a work permit.
According to the information you provided, the company does not need to employ a foreign worker, in this case his work permit will also be revoked (Article 20 of Decree 152/2020/ND-CP). .
Besides, at Point b, Clause 4, Article 44 of this Law, foreigners entering Vietnam to operate in Vietnam must be suitable for the purpose of entry; otherwise, their valid entry, exit and residence papers will be revoked or destroyed according to Article 6 of this Law.
It can be seen that, in case an employee's work permit is revoked, the temporary residence card, although still valid, will also be revoked. In addition, the company will be responsible for notifying the immigration management agency that they are granted a valid entry, exit and residence document but no longer need to guarantee during their temporary stay in Vietnam. Vietnam and coordinate with authorities to request foreigners to exit.
For detailed advice and timely support, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
Hotline: 0243.204.1777 – 090.17.63.379
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