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Process of Resignation in relation to visas & temporary resident cards

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benlws

Was looking for info on how visas/temporary resident cards (TRCs) work when you resign from a company as a foreigner. Found a helpful thread (https://www.expat.com/forum/viewtopic.php?id=308666) but it's 3 years old and I'd like to confirm what I've found out:

1. If you're on a TRC which has your ex-employer's name on it, it has to be cancelled when you terminate your work contract (along with your work permit).

2. If you don't surrender your TRC and work permit to the ex-employer's upon terminating your work contract, they'll report you to the cops.

3. If you surrender your TRC to your ex-employer, you're basically an illegal as you entered Vietnam without a visa and now you have no travel documents, and will probably have trouble getting out of Vietnam too.

What's next?

- I've been advised by a lawyer that by law, the TRC is an independent document from the work permit, i.e. the ex-employer can terminate the work permit but the TRC is still valid. I'm not sure that's the right advice.

- I've been advised that the ex-employer must provide the resignee a new visa to exit the country within a reasonable time period. How does this work?

- If you've accepted an offer at another company and even if you gave sufficient notice to your ex-employer, it's not enough time to get a new TRC issued based on a new work permit with your new employers.

Does anyone know for sure?

Guest2023

Just because you leave a company it doesn't affect your TRC, it's still valid, the work permit is made null and void.

Budman1

colinoscapee wrote:

Just because you leave a company it doesn't affect your TRC, it's still valid, the work permit is made null and void.


You sure about that colinoscapee? I seem to remember that a TRC is issued along with the WP and the employer is the sponsor. If the WP is canceled by the employer that means the sponsorship of the TRC is also terminated. No sponsor no valid TRC.

Guest2023

Well that's what a lawyer told me. Maybe by law it's supposed to happen, but most places just cancel your work permit and that's it. As with most things here,companies don't want to deal with the government unless they have to. If the TRC cancellation was enforced, then why doesn't the government seek you out and cancel it, they have record of where you are from the ward police.

benlws

I've got the information from the labour department, if the TRC is supported by the work permit, by law the employers have to submit the work permit along with the TRC for cancellation. If not, the employers are seen to be breaking the law.

The logic is that if you have a valid TRC and commit a felony or misrepresentation or do something nasty, your ex-employer will be held liable as they sponsored you to stay in the country. Makes sense if you ask me, if you're a nasty sort of expat a lot can go wrong.

They will issue me some sort of letter upon submitting the TRC, with a 15 day limit for me to get out of the country. Quite a short time period, eh.

I too got advised by a couple of people with differing opinions, but this info came from the head of the HCMC labour department so that's that.

BuddyM

This may not help much (as my experience relates to Residency Visas in the UAE), but in that country, a work visa is tied to the residency visa (the equivalent of a TRC I understand), and so when the work visa is reported as terminated by the sponsor (and cancelled by the Immigration Dept), so does the residency visa. The good news is that there is a 30-day 'grace period' to exit the country (and get a new tourist or work visa). During that 30-day period, you have nothing in hand but you are still not deemed to be illegal until the 30 days expire. Beyond that 30-day period, and in the absence of any other useful visa (tourist or work), you can be fined for every day's stay beyond that 30-day exit grace period. Vietnam may have a similar safe period, or scoot across the border for a fresh tourist visa again.

benlws

Just settled the entire ordeal. The immigration department will give you a 30 day exit grace period, stamped on your passport. Hope this info helps someone in the future.

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