Can company cancel your work visa?

QuidProQuo wrote:

Wait, didn't the OPs state his visa was canceled by the Vietnamese govt ? Your letter came from the German Consulate.

This thread is so confusing. There's only two messages from OP in this thread, he never mentionned his visa was cancelled and there's no mention of German Consulate. Between misinformation and false references it's almost impossible to get any clear information.

AFAIK
Companies can't cancel work permits because they don't grant them, they sponsor them. So a company could revoke it's sponsorship which would lead to the revocation of the work permit by the government.

It is possible that not revoking the work permit would be more problematic if the country only allows people to work at the company and location specified on the work permit for the duration of the work permit.

A company notifying the government that they are no longer sponsoring the work permit can then be a good thing allowing the individual to legally and immediately seek work elsewhere in the country rather than waiting for the work permit to expire.

I have no idea what a work visa is, so maybe this doesn't apply.

A work permit usually results in a temporary residence visa with the same duration or maybe a bit longer than the work permit.

I would expect that having your work permit cancelled would have an impact on your residency status. I would expect that you would have a short time with which to exit the country. If it's generously converted to a tourist visa then that might be a good thing.

Of course the reason for having your sponsorship revoked could impact all this. Committing a crime for example would be quite a different experience then refusing or failing to follow the company's dress code.

IMHO and personal experience having had work permits in three SE Asian countries. I'm going by the contracts I've signed and explanations of those contracts by the companies I've signed with.

I read through this thread as well and was a little confused as well.

So, this is what I understand of the situation. Correct me if I am wrong Ngan Khan.
You need both a work permit and a temporary residence visa. The work permit is specific to the company that you are employed for. A temporary residence visa is typically issued to correspond with the work permit.
Because a company sponsors a work permit, if you no longer work for them, then the work permit is cancelled (or returned to the issuer... as happened with me).

A temporary residence visa may be issued by either a Vietnamese embassy or consulate in a foreign country (on behalf of Vietnamese Immigration), or by the Immigration Department in Vietnam.
- if the temporary residence visa was issued overseas, a company can send a request to cancel that visa to the diplomatic post that issued the temporary residence visa.
- if the temporary residence visa was issued in Vietnam, then that request can be sent by the company to the Immigration Department in Vietnam... and have the visa converted to a visitor visa.

Does this help clarify things (if my understanding is correct)?

DavidNewman wrote:

A temporary residence visa may be issued by either a Vietnamese embassy or consulate in a foreign country (on behalf of Vietnamese Immigration), or by the Immigration Department in Vietnam.
- if the temporary residence visa was issued overseas, a company can send a request to cancel that visa to the diplomatic post that issued the temporary residence visa.
- if the temporary residence visa was issued in Vietnam, then that request can be sent by the company to the Immigration Department in Vietnam... and have the visa converted to a visitor visa.

Can a TRC (temporary resident card) be issued by a VN embassy in a foreign country?
AFAIK, you can get a 5 year VEC from VN embassies/consulates but for a TRC you need to be present in Vietnam and submit your VN address (residence) proof.
(quote)
Issuing Authority:
TRC is issued by the authorized provincial office managing entry and exit under the Ministry of Public Security
(unquote)
Ref: Vietnamese Temporary Resident Card

DavidNewman wrote:

I read through this thread as well and was a little confused as well.

So, this is what I understand of the situation. Correct me if I am wrong Ngan Khan.
You need both a work permit and a temporary residence visa. The work permit is specific to the company that you are employed for. A temporary residence visa is typically issued to correspond with the work permit.
Because a company sponsors a work permit, if you no longer work for them, then the work permit is cancelled (or returned to the issuer... as happened with me).

A temporary residence visa may be issued by either a Vietnamese embassy or consulate in a foreign country (on behalf of Vietnamese Immigration), or by the Immigration Department in Vietnam.
- if the temporary residence visa was issued overseas, a company can send a request to cancel that visa to the diplomatic post that issued the temporary residence visa.
- if the temporary residence visa was issued in Vietnam, then that request can be sent by the company to the Immigration Department in Vietnam... and have the visa converted to a visitor visa.

Does this help clarify things (if my understanding is correct)?

Hi DavidNewman,

You're the smartest person so far in this thread being able to understand my points, even though I might not be clear as thinking it's obvious to understand.

There is small correction, there's no temporary residence visa here in Vietnam. What I meant in my posts was business-related visa. For the temporary residence related to job, it's temporary residence card, which has to be sponsored by a company and can only be obtained within Vietnam at Immigration Department. Meaning I will get my colleagues from abroad business-related visa from the consulate/embassy closest to them so they can first get into Vietnam. They come to Vietnam, I proceed with the application for work permit and the temporary residence card. If the work permit and trc have not yet been issued (this process takes a while) and that person decides to leave the company, I will send a request to the consulate/embassy where the visa issued to have it cancelled.

For the rest of your post, you got it right what I meant. I appreciate you taking the time trying to understand me, instead of trying to stuff words from your head into my post

Cheers,
Ngan

It seems to me that a lot of the confusion in this thread is that from the beginning, it was never established whether the OP meant a 12 month business visa or a Temporary Residence Card.  It would be too much to go back and untangle it all now but a lot of the differences stem from being sloppy with the terms.

Just a casual observation but if his company went so far out of their way to cancel a WP and attempt to cancel a TRC, or business visa whichever is the case,  the OP must have left the job under rather ugly circumstances.  Most employers probably just let them age out naturally.

Hi everyone,

Please note that some posts ( flaming) have been removed from this thread.

Regards,

Priscilla
Expat.com team

THIGV wrote:

Most employers probably just let them age out naturally.

Agree to this point!

No employer can cancel your visa without your passport. Thats the truth.

No employer in Vietnam can cancel your visa unless [Moderated] to give them your passport. The business visa is stamped on the passport, if the immig cancels it, they should stamp "het visa" on it which means "cancelled visa".. a thing they cannot so without your passport. There are so many bad employers in Vietnam so we cant blame anyone fro. M switching from one company to another in just after a month or two. [Moderated]

Not sure about a business visa.

But my Vietnamese employer informed me that if I would leave the company they would cancel my work permit and have my trc converted into an exit visa.

Not sure about a business visa.
But my Vietnamese employer informed me that if I would leave the company they would cancel my work permit and have my trc converted into an exit visa.
-@RCP79

They can apply to have it done, they can't physically do it.