CHANGE A SPONSORED COMPANY

Visa is one of the most crucial documents for foreigners who comes and works in Vietnam. When foreigners intend to change their jobs, they will totally change their sponsored companies, and it can lead them to some further troubles with their visa status if they do not fully understand the regulations regarding their visa situation. Here, we offer you some helpful information that can help you avoid unexpecting problems with your visa.

Legal basics

• Law No. 27/VBHN-VPQH dated December 16, 2019, on entry, exit, and transit of overseas residents in Vietnam (including Law No. 47/2014/QH13 and Law No. 51/2019/QH14)

1. Cautions when changing a sponsored company

– When the foreign workers terminate the labor contracts with the enterprises, it means that they are not sponsored by those enterprises any longer. And, stamps to exit Vietnam will be issued so they are asked to exit the country on the exiting dates.

-If foreign workers want to change their new sponsored enterprises, they themselves and their sponsored enterprises must note the exit date to carry out procedures for applying for a new work visa through the new sponsored companies the earlier dates before the exiting date so they do not have to exit Vietnam and be back later.

2. Conditions to change a sponsored company in Vietnam

Foreign workers need to meet these below requirements:

• Have a work permit/work permit exemption: Foreigners are sponsored by the company as an investor, manager, expert, or technical worker to perform a labor contract. To meet the requirements, foreign workers have to prove the proofs of degrees of expertise, work experience, and medical certificates to be granted a work permit or a certificate of work permit exemption in accordance with the law before applying for work visas.
• Have sponsored companies in Vietnam.
• Have the original passport of the foreign worker. A passport must be valid for at least 30 days from the date of changing sponsored company.
• Except for some cases specified in Article 21 – Law No. 47/2014/QH13 as follows:

+ Being forced to leave Vietnam within 06 months from the decisive date on forced exit.

+ Forging papers, making false statements in order to be granted valid papers for entry, exit, and residence.

+ Reasons for disease prevention and control, natural disasters, national defense, security, social order, and safety.

3. Procedures to change a sponsored company in Vietnam for a foreigner

3.1/ Documents needed to change a sponsored company

The following documents need to be prepared by the individuals or companies to sponsor visas for their foreign workers.

• 01 declaration form NA5 requesting for granting, supplementing, and amending visas
• The company submitting the application must have a letter of introduction enclosed with a valid ID card or citizen’s identity card.
• The document introducing the seal and signature of the authorized representative of the organization according to the form NA16 issued together with the Circular No. 04/2015/TT-BCA;
• A certified copy of the permit or decision of a competent authority on the establishment of an organization to employ foreign workers;
• Decision to terminate the labor contract/sponsor of the former organization.
• Certified copy of work permit/work permit exemption;
• Original passport or valid international travel document of a foreigner.

3.2/ Submit application and receive results

Vietnamese citizens, Vietnamese organizations, and foreigners legally residing in Vietnam shall submit documents to the Immigration Office of the Pollice Department of 63 provinces and cities or the Immigration Department under the Ministry of Public Security.

The authorized person who comes to receive the result is asked to show the receipt to the officers. They will check, confront and return the results. If the result of the temporary residence extension comes out, that person will pay for the fee and sign for it.

With some of the above notes, Bistax Law Consulting Company Limited hopes you have a better understanding in order to avoid any unfortunate mistakes.

If you find it difficult to change a sponsor company or extend your visa in Vietnam, please immediately contact us for quick support. With many years of experience in handling documents for foreigners. Bistax Law Consulting Company Limited has been trusted accompanied by many foreign businesses as well as foreign workers.

Immediately contact the hotline: 077 7723 283 or leave comments for quick support.