Monday, 02/11/26
When a foreign employee's employment in Vietnam comes to an end, the employer and the employee must address not only the termination of the employment contract but also the relevant Work Permit and immigration procedures. The Work Permit may be subject to revocation, while the employee's Temporary Residence Card (TRC) and immigration status must be properly handled to ensure compliance with Vietnamese labor and immigration regulations.
In this guide, Visa5s.com provides an overview of the circumstances requiring Work Permit revocation and TRC return, the responsibilities of employers and foreign employees, the required documents, and the applicable procedures. It also highlights important deadlines, potential legal risks, and common mistakes to help both parties manage the employee offboarding process smoothly and in accordance with Vietnamese law.
WHEN MUST A FOREIGN EMPLOYEE RETURN THEIR WORK PERMIT?
1. Cases in Which a Work Permit Becomes Invalid and Need to Withdraw:
2. The 10-Working-Day Deadline for Returning a Work Permit
Under Article 32 of Decree No. 393/2026/ND-CP, which officially takes effect on December 5, 2026, when a Work Permit becomes invalid under any of the circumstances specified in Clause 1, Article 31 of this Decree, the employer is responsible for retrieving and returning the Work Permit to the competent issuing authority within 10 working days from the date the Work Permit becomes invalid, together with a written report on the revocation.
3. What If the Employer Cannot Return the Work Permit?
Foreign employees should coordinate with their employers to ensure that the original Work Permit is handed over and all necessary offboarding procedures are completed on time.
If the employer is unable to retrieve the original Work Permit, for example, because the document has been lost or the employee fails to hand it over, the reason must be clearly stated in the report submitted to the competent authority.
WHO IS RESPONSIBLE FOR RETURNING THE WORK PERMIT?
Under Decree No. 393/2026/ND-CP, the employer takes the lead in retrieving the Work Permit and submitting it to the competent authority when revocation is required by law. This obligation rests with the company employing the foreign worker and involves ensuring that the relevant procedures are properly completed.
The foreign employee is also expected to cooperate with the employer by handing over the original Work Permit and providing any information necessary to facilitate the process. Cooperation between both parties helps ensure a smooth handover and prevents avoidable administrative complications.
1. Employer's Responsibilities
2. Foreign Employee's Responsibilities
WHAT HAPPENS TO THE TEMPORARY RESIDENCE CARD AFTER EMPLOYMENT ENDS?
1. Is the Temporary Residence Card Automatically Cancelled?
2. Employer's Responsibilities Regarding TRC Cancellation
The sponsoring company is responsible for coordinating with the expatriates and the Immigration Office/ Department when its sponsorship of the foreign employee ends. Depending on each circumstances, the company should:
REQUIRED DOCUMENTS AND PROCEDURES
a. Work Permit Return Procedure & Required Documents
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Step 01: |
Review the reason for employment termination and determine whether the Work Permit falls under the cases requiring revocation under applicable regulations. |
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Step 2: |
Coordinate with the foreign employee to retrieve the original Work Permit. |
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Step 3: |
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Step 4: |
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b. For Temporary Residence Card Return
The procedure for handling a foreign employee's TRC depends on whether the employee remains in Vietnam or has already departed.
Case 1: The Foreign Employee Remains in Vietnam and Requires a 15-Day Visa to Arrange Departure
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Step 01: |
Discuss and confirm the expected departure date with the foreign employee. |
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Step 2:
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Step 3: |
Access the Public Security Service Portal using the company's VNeID account and digital signature token to submit the application and upload the scanned supporting documents. |
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Step 4: |
Submit the original documents to the competent Immigration Office as required. |
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Step 5: |
Monitor the application progress through the Public Security Service Portal. |
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Step 6: |
Collect the processed documents or application result from the Immigration Office once available. |
Case 2: The Foreign Employee Has Already Departed Vietnam Using Their Valid Temporary Residence Card (TRC)
If the foreign employee has already exited Vietnam while their TRC, the employer may proceed with the notification and return of the TRC to the Immigration Office. However, at present, the Immigration Department only accepts formal notifications regarding the return of Temporary Residence Cards; they do not yet accept submissions for the return of visas.
Important Note: Employers should avoid allowing foreign employees to retain their Temporary Residence Cards for departure without a clear return arrangement. If an employee is permitted to leave Vietnam using an existing TRC, the employer should establish a specific handover deadline and retain written confirmation of the agreement.
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Step 01: |
Employers should reach a clear agreement with employees regarding the lending of a Temporary Residence Card for the purpose of exiting the country, including a specified timeframe within which the foreign national must return the card to the company. |
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Step 2: |
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Step 3: |
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DEADLINES, LEGAL RISKS AND COMMON MISTAKES
1. Important Deadlines for Work Permit and TRC Procedures
Work Permit Return Deadline
Under Article 32 of Decree No. 393/2026/ND-CP, effective from December 5, 2026, the employer must collect and return the Work Permit within 10 working days from the date it becomes invalid, in the cases specified under Clause 1, Article 31 of the Decree.
For other revocation circumstances, the applicable requirements should be assessed under the corresponding provisions of the Decree.
Temporary Residence Card (TRC) Return and Exit Arrangements
The timing of TRC return procedures depends on whether the foreign employee remains in Vietnam or has already departed.
Employers should plan the TRC procedure based on the employee's confirmed departure date rather than waiting until the end of the employment relationship to take action.
2. Potential Legal Risks for Employers
Failure to properly manage Work Permit and TRC procedures may expose employers to administrative or immigration-related complications. One important risk concerns allowing a foreign employee to retain their TRC for departure from Vietnam.
Risks of Allowing Employees to Retain Their TRCs After Employment Termination
In some cases, an employer may allow a foreign employee to use their existing TRC to exit Vietnam and agree to return the card afterward. However, this arrangement carries certain risks:
To minimize these risks, employers should carefully consider the arrangements for TRC return before allowing an employee to depart Vietnam with the card.
3. Common Mistakes During Employee Offboarding
Employers should avoid the following mistakes when handling Work Permit and TRC procedures:
To avoid these issues, employers should establish a clear employee offboarding checklist, assign responsibilities to the relevant HR personnel, and coordinate with the foreign employee well in advance of the employment termination date.
Early preparation, timely submission, and proper document handover arrangements can help employers minimize administrative complications and ensure a smoother Work Permit and TRC return process.
FREQUENTLY ASKED QUESTIONS
1. Do I need to return my Work Permit to my employer after resigning in Vietnam?
Yes. When a Work Permit becomes invalid under the applicable provisions of Vietnamese labor regulations, it is subject to revocation. The employer is responsible for collecting and returning the original Work Permit to the competent authority in accordance with the applicable regulations.
2. How long does an employer have to return a Work Permit in Vietnam?
Under Decree No. 393/2026/ND-CP, effective from December 5, 2026, the employer must collect and return the Work Permit within 10 working days from the date it becomes invalid, in the cases specified under Clause 1, Article 31 of the Decree. Other revocation circumstances must be assessed under the corresponding provisions.
3. Who is responsible for returning a Work Permit?
The employer is responsible for collecting and returning the Work Permit to the competent issuing authority. The foreign employee must cooperate by handing over the original document upon employment termination.
4. What should an employer do if the employee leaves Vietnam without handing over the Work Permit?
The employer should document the circumstances and clearly explain why the original Work Permit cannot be retrieved in the written report submitted to the competent authority.
5. Does the Work Permit Return procedure also cover the Temporary Residence Card (TRC)?
No. Work Permit revocation and TRC return are separate procedures governed by labor and immigration regulations, respectively. The employer must handle the Work Permit with the competent labor authority and separately coordinate with the Immigration Department regarding the employee's TRC and immigration status.
6. Does my Temporary Residence Card become invalid immediately after I resign?
Not necessarily. The termination of an employment contract does not automatically mean that the physical TRC has been cancelled. However, the sponsorship basis may no longer be valid. The employer should promptly coordinate with the Immigration Department to handle the existing TRC and the employee's immigration status.
7. Can I stay in Vietnam after my employment ends, and how can I arrange my departure?
A foreign employee may remain in Vietnam only while holding a valid immigration status. If the employee remains in Vietnam and needs additional time to arrange departure, the employer should coordinate with the Immigration Department to apply for the applicable 15-day visa arrangement. Employers are advised to submit the application at least three weeks before the expected departure date to allow sufficient processing time.
8. How can employers avoid complications when a foreign employee leaves Vietnam?
Employers should establish an offboarding checklist covering employment termination, Work Permit revocation, TRC handling, and departure arrangements. They should collect the original documents early, confirm the employee's expected departure date, assign responsibilities to HR personnel, and retain written records of document handover and submission to the relevant authorities.
PROFESSIONAL ASSISTANCE WITH WORK PERMIT AND TEMPORARY RESIDENCE CARD PROCEDURES IN VIETNAM
Handling the Return Work Permit and Return Temporary Residence Card procedures requires careful coordination of legal requirements, supporting documents, and administrative timelines. At Visa5s.com, we offer tailored assistance to help businesses manage these formalities when a foreign employee ends their employment and prepares to leave Vietnam.
Our services include:
✓ Reviewing the employee’s Work Permit, TRC and relevant immigration records
✓ Clarifying the applicable legal requirements and documents needed for each procedure
✓ Preparing and reviewing the Return Work Permit and Return TRC dossiers
✓ Assisting with submissions to the Department of Home Affairs and Immigration Office
✓ Monitoring application progress and updating clients on relevant developments
✓ Supporting employers in handling document-related issues and additional requirements
With professional guidance, employers can manage employee offboarding more systematically, reduce avoidable paperwork errors, and ensure that the necessary procedures are handled in accordance with Vietnamese regulations.
👉 Contact Visa5s.com today for professional and reliable assistance with your Work Permit and Temporary Residence Card Return procedures.
OTHER INFORMATION ABOUT VIETNAM VISA, AND TEMPORARY RESIDENCE CARD
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