Ms. Nguyen Thi Phuong Thao asks: Currently, the Temporary Residence Card of the employee at the old company still has a valid period, so does the employee have to return the Temporary Residence Card at the old company to apply for a new Temporary Residence Card?
The procedures for returning the Temporary Residence Card at the old company that still has a valid period and the procedures for applying for a new Temporary Residence Card for foreign workers who change companies to work (change the guarantor company) are regulated as follows:
The required documents for returning the Temporary Residence Card include what? And can the procedures for applying for a new Temporary Residence Card at the new company be performed simultaneously with the procedures for returning the Temporary Residence Card at the old company?
Furthermore, Ms. Thao asks, can an Evisa be applied for with the purpose of issuing a new Temporary Residence Card? Does the immigration agency require information on the Name of the Organizing Agency/Organization (if any) for the Evisa to be valid for applying for a Temporary Residence Card or not? If so, what procedures do our company need to perform to register the Evisa for foreign workers?
Regarding this content on the Official Information Portal, the Ministry of Public Security replied:
According to the provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam in 2014 (amended and supplemented in 2019 and 2023), the inviting and guarantor organization must be consistent with the functions, tasks, and authority prescribed by law or the business license (Article 14, Clause 2) and must perform the responsibility of guarantor as prescribed by law, cooperate with the competent authorities of Vietnam to handle issues related to the foreign workers they have invited and guaranteed, and manage the activities of foreign workers in accordance with the purpose of entry in Vietnam during their temporary residence (Article 45, Clause 2, Points c and d).
Therefore, in principle, when a company no longer needs to guarantee a foreign worker who has been issued a Temporary Residence Card, it should contact the immigration management agency to submit the old Temporary Residence Card and make a procedure for extending the temporary residence for the foreign worker to arrange for their exit (in the case where the foreign worker is guaranteed by another company, visits relatives, if they meet the conditions such as having a labor permit, investment license, registration of marriage with the foreign worker working at the company... then the new company can make a procedure for requesting a visa, Temporary Residence Card for the foreign worker).
The foreign worker after exiting Vietnam, if a company needs to invite them to work, the company should perform the procedures for inviting and guaranteeing as prescribed or the foreign worker can self-apply for an electronic visa, in which, the purpose (such as working...) and the name of the company to be worked at (at the electronic visa application form, there is a section for providing information on the organizing agency, organization, or individual to be contacted when entering Vietnam) should be specified.
After the foreign worker enters Vietnam, if they meet the conditions, the company can make a procedure for requesting a Temporary Residence Card as prescribed at the Immigration Management Department or the Immigration Management Division of the Public Security Department of the province or city directly under the central government (where the company is headquartered).
