The general labor market always has many fluctuations and many foreigners quit or change their jobs. Facing with this situation, the sponsoring enterprises must carry out procedures to revoke temporary residence cards or cancel temporary residence cards of foreigners. So in what cases are the enterprises responsible for carrying out the card revocation procedures?
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Revocation of temporary residence card in case foreigners leave work before expiration
Pursuant to Article 45 of the Law on entry, exit and transit in Vietnam in 2014 on the rights and responsibilities of agencies and organizations that sponsor foreigners for temporary residence cards as follows:
+ When a foreign worker leaves the company but his/her temporary residence card, which is sponsored by the company, is still valid, that company shall have the right to send a written notice to the immigration agency of Vietnam to notify the revocation of the temporary residence card of the foreigner. At the same time, the temporary residence card of the foreigner in Vietnam shall be cancelled due to termination of the employment contract or resignation without permission.
+ The sponsoring enterprise or company shall be responsible for coordinating with the immigration agency of Vietnam to send an official letter requesting the worker to exit Vietnam.
+ The sponsoring enterprise or company shall draft an official letter and send it together with the original temporary residence card submitted by the foreigner when he/she leaves the job.
Services related to temporary residence card for foreigners in Nhi Gia
Revocation of temporary residence card in case companies unilaterally terminate the employment contract
In case the foreigner is allowed by the company or terminates the employment contract before its expiration, the company can revoke the temporary residence card and apply for a 15-day Vietnam visa for the foreign worker, so that he/she can have time to prepare to leave Vietnam; or the company can extend the validity of the temporary residence card to a few more months to create favorable conditions for the worker to find a new company to continue to be sponsored for temporary residence card and working in Vietnam.
Documents to apply for a 15-day Vietnam visa foreigners:
+ Original passport of the foreigner;
+ Declaration to apply for extension of temporary residence for foreigner, according to the prescribed form;
+ Legal documents of the company, organization or enterprise, including: certificate of business registration, seal specimen registration, introduction letter, etc.
+ Original temporary residence card of the foreigner.
The agencies that receive the visa applications are the nearest Immigration Department or Immigration Office.
To avoid unfortunate situations when inviting and sponsoring foreigners to work, enterprises and companies need to carefully understand the regulations, their rights and obligations to foreign workers when they enter Vietnam to work.
Above are all contents of the procedures for revocation of temporary residence cards of foreigners. If you have any questions or need more advice on temporary residence card for foreigners, please contact Nhi Gia Company via hotline 84 1900 6654. Our experienced specialists will support you wholeheartedly!