Visa who change status from an employee to traveler

What kind of a company would go to the Vietnamese immigrations to cancel the visa of an ex-employee? 

I am quite sure if your friend talk to her employer, she will get to keep her visa for the duration of her stay, provided that she won't go over the 3-month cap.

I think that's the best way.

Mickeyshin wrote:

My expat friend is going to stop working for her foreign company and stay for a while as a traveler.
What should she do when she resign her company as her current work permit with residency card will be cancelled? Can she apply for a travel visa here? Or does she have to come back to her country or other country like Cambodia to get a traveler visa?

Appreciate your advice.

I'm sure this happens alot considering some companies drive their employees like slaves or feed them crap to eat (below is just 1 example; I have read many of such stories). 

More than 500 workers suffer food poisoning in Tiền Giang Province

So I can imagine foreign employees also would have the smarts to quit.  But maybe your friend is resigning for a more positive reason.  In any case, there's a date of validity on her residency card.  They don't cancel it and kick you out of the country since that would require an ACTIVE and PROACTIVE enforcement.  From what I've seen, most law enforcement agencies are passive and reactive when it comes to misdemeanor paperwork "crimes".  So your friend could probably stay until the expiration date on her residency card.

As for a work permit, if she's not working, she doesn't need it.  I'm not sure if she needs a tourist visa since she already has the residency card.  But just in case, a local travel agencies can help with that.  I wouldn't think you need to go to Cambodia to get it.

Thank you Wild and Tran Hung Dao for your info!

Something I didn't ask.  What Visa did you friend enter the country on?  Is that expired?

She has residency card instead of visa, which is valid until Oct next year.

Mickeyshin wrote:

She has residency card instead of visa, which is valid until Oct next year.

She came into the country already having a residency card?  Interesting...well then she's a resident of Việt Nam and like any resident of Việt Nam, can travel, explore, or otherwise support the tourism industry.

Just make sure she leaves the country before October 2014 and if anybody asks, "Well, I came into the country with this residency card so I should be able to just leave with this residency card" - ticket in, ticket out.

Mickeyshin wrote:

She has residency card instead of visa, which is valid until Oct next year.

Aha, I found a source:

A permanent residence card is the solution for people who wish to regularly visit to stay in Vietnam for a longer period. It is perfect for people that wish to retire in Vietnam and for other people who want to stay in Vietnam without a work permit.

At point c, item 1, article 13 Ordinance on immigration, migration, residence of foreigners in Vietnam dated 28th April 2000, foreigners who are temporarily residing in Vietnam in one of following cases are considered and approved of permanent residence:

Wife, husband, child, father, mother of Vietnamese citizen permanently residing in Vietnam

Permanent Residence Card has unlimited validity, every 3 years, the card holder will have to update their Permanent Residence card. The card holder also can use this card as an unlimited visa to come to Vietnam.

http://www.expat.vn/permanent-residence-card

The only caveat I see is if your friend holds a TEMPORARY Residence Card.  However, I think it would be the same as a Permanent Residence Card in that it can be used in-lieu-of a visa since the above mentions "The card holder also can use this card as an unlimited visa to come to Vietnam" implying one does not need a visa if one holds a residence card.

Tran Hung Dao wrote:

Mickeyshin wrote:

She has residency card instead of visa, which is valid until Oct next year.

She came into the country already having a residency card?  Interesting...well then she's a resident of Việt Nam and like any resident of Việt Nam, can travel, explore, or otherwise support the tourism industry.

Just make sure she leaves the country before October 2014 and if anybody asks, "Well, I came into the country with this residency card so I should be able to just leave with this residency card" - ticket in, ticket out.

She has been relocated to Vietnam to work for her current company who sponsors her resident card. So her current resident card has name of sponsor who is her current company. If somebody ask in the airport, for example, does she have to pretend that she is still working?

Tran Hung Dao wrote:

Mickeyshin wrote:

She has residency card instead of visa, which is valid until Oct next year.

The only caveat I see is if your friend holds a TEMPORARY Residence Card.  However, I think it would be the same as a Permanent Residence Card in that it can be used in-lieu-of a visa since the above mentions "The card holder also can use this card as an unlimited visa to come to Vietnam" implying one does not need a visa if one holds a residence card.

Okay, I found a source that confirmed my hypothesis.

After the issuance of the Ordinance No. 24/2000 on Entry, Exit and Residence of foreigners in Vietnam, a foreigner may get permanent or temporary residence card valid for one to three years. The card will act as a proof of identity and an entry visa when traveling within, in and out of Vietnam. This helps foreigners save a large amount of time and money for visa application as well as visa extension during the entry, exit and residence in Vietnam. This article will summarize basic regulations and procedures applicable to a Temporary Residence Card (TRC):

http://www.vietnamonline.com/az/tempora … -card.html

Mickeyshin wrote:

She has been relocated to Vietnam to work for her current company who sponsors her resident card. So her current resident card has name of sponsor who is her current company. If somebody ask in the airport, for example, does she have to pretend that she is still working?

No, if anyone asks, she can tell them, "No I don't work for that company anymore...that's why I'm going home.  Duh!"  (okay, leave the "Duh" out)

So did all my research help you?  If so, here's my bill:

about 45 minutes of paralegal work

comes to....

A meal/lunch to the next five Lottery Ticket Sellers you meet on the street.  They're not hard to find because they'll come up to you.  At which point you should ask them if they've had lunch or have eaten anything.  Take them to the nearest vendor food cart and buy them a sandwich or some food.  You are not required to buy the lottery tickets or give them money.  Just food and water will suffice.  Do this five times.  You are allowed to do this two times and allow your friend to pick up the other three.

Easier just to walk into a lawyer's office and pay them cash isn't it?

What if she went out for a travel and come back to Vietnam when she face that situation? She will be in trouble if she say no then. Right?

Tran Hung Dao wrote:

So did all my research help you?  If so, here's my bill:

about 45 minutes of paralegal work

comes to....

A meal/lunch to the next five Lottery Ticket Sellers you meet on the street.  They're not hard to find because they'll come up to you.  At which point you should ask them if they've had lunch or have eaten anything.  Take them to the nearest vendor food cart and buy them a sandwich or some food.  You are not required to buy the lottery tickets or give them money.  Just food and water will suffice.  Do this five times.  You are allowed to do this two times and allow your friend to pick up the other three.

Easier just to walk into a lawyer's office and pay them cash isn't it?

Ok. Will do:)

I think the legal formality is:
1. The employer should inform the labor department and immigration department (in case of foreign employees) (who delivered the Temporary Resident Card), when an employee stop work with that company.
2. When he inform such termination, Work Permit and TRC will automatically cancelled.
3. If a provision stated in the labor contract, then the employer is liable to resend (flight ticket) the said employee.
In short, if the employee informed your friend's termination of work, she/he cannot stay in Vietnam legally with that work permit/Temporary Resident Card.

TRC
It's stated in the TRC clearly that:
1. The holder of this card does not require a Vietnamese visa.
2. The card holder must:
-Show the card to the authorities on request.
-Keep this card carefully.
-Apply for a new card if any change or alteration of its particulars is required.
-Immediately report in writing to the issuing office in case of damage or loss of the card.
3. Any case of forgery, unofficial alteration, mutilation or sale of this card is strictly prohibited, as is its lending for unlawful use.

In all laws, when we check it minutely, there is a loophole to escape

1 Apply for entitled Annual Leave
2 Unpaid Leave for the balance of the duration she wants to stay.
Officially, the employer has to inform the Authorities of her resignation.
There again, she will be given reasonable time to leave the country.