Procedures for Returning the Temporary Residence Card of Foreign Employees Who Resign

The procedure for returning the temporary residence card of a foreign worker who resigns is a mandatory legal requirement under the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam. The return of the card ensures proper immigration management, prevents legal risks, and protects the interests of the sponsoring enterprise. Once a foreign employee ends their employment or no longer requires sponsorship, the issued temporary residence card must be retrieved and returned as required by law.

I. Overview of the obligation to return the temporary residence card when a foreign employee resigns

The procedure for returning the temporary residence card of a foreign worker who resigns is a mandatory legal requirement under the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam. The return of the card ensures proper immigration management, prevents legal risks, and protects the interests of the sponsoring enterprise. Once a foreign employee ends their employment or no longer requires sponsorship, the issued temporary residence card must be retrieved and returned as required by law.

II. Circumstances in which enterprises must return the temporary residence card

A. Foreign employee resigns or transfers to another company

If the foreign worker voluntarily terminates employment or wishes to move to another employer, the sponsoring enterprise must retrieve the temporary residence card and the work permit, and notify the Immigration Management Department.

B. Employer unilaterally terminates the labor contract

In such cases, the sponsoring enterprise must fulfill the same obligations of retrieving the temporary residence card and submitting a written notification to the Immigration Management Department.

III. Obligations of the sponsoring enterprise

Under Point E Clause 2 Article 45 of the 2014 Immigration Law, the sponsoring enterprise must:

1. Submit an official written notice informing that the foreigner is no longer under sponsorship.

2. Coordinate with competent authorities to request the foreign employee to exit Vietnam within the legally required timeframe.

3. Submit the original temporary residence card together with the official letter, if the card has been collected.

IV. Required dossier for returning the temporary residence card

The dossier includes:

- Original passport and temporary residence card.

- NA5 form for visa adjustment or temporary residence extension.

- Temporary residence declaration.

- Decision on termination of the labor contract.

- Confirmation of work permit withdrawal or work permit exemption.

V. Procedure

1. Prepare the dossier as required.

2. Submit the dossier to the Immigration Management Department at the enterprise’s registered address.

3. Receive the result. A short-term visa will be issued, and the foreign employee must exit Vietnam within the permitted period.

VI. Handling cases where the foreigner does not exit

A. Intentional overstay: Administrative penalties will be applied according to current regulations.

B. New sponsoring employer: The foreign employee may apply for visa conversion in accordance with the law.

VII. Cases where the foreigner refuses to return the temporary residence card

The enterprise must:

1. Submit an official notice to the Immigration Management Department explaining the reason for not retrieving the card.

2. Keep supporting documents as evidence of exemption from responsibility.

The foreign employee will be penalized for unlawful residence.

VIII. Legal basis

1. Law No. 47/2014/QH13.

2. Law No. 51/2019/QH14.

3. Labor Code 2019.

4. Decree 152/2020/NĐ-CP.