WHAT IS THE PROCEDURE FOR CONVERTING TO A NEW GUARANTEE COMPANY FOR EMPLOYEES
Visa is one of the important documents for foreigners when they work and do business trips in Vietnam. Therefore, when foreigners switch jobs from one company to another, it will affect their own guaranteed visas.
If foreigners do not understand these rules there will be inadvertent errors and violations for foreign workers/ experts. So ABA VISA would like to share useful information via an article about following necessary procedures when a foreigner converts to a new guarantee company.
Legal basis
Law No. 27/VBHN-VPQH dated December 16, 2019, on entry, exit, and, transit of residence of foreigners in Vietnam (including Law No. 47/2014/QH13 and Law No. 51/2019/QH14).
1. Some notes when foreigners change workplace
- When the foreign worker/ expert terminates the contract with the old company, it means that the foreign worker will be terminated from the visa guarantee and will be issued a stamp to exit Vietnam.
- When foreigners want to change jobs through a new guarantee company, these new businesses and foreigners should don't forget the date of the exit stamp to carry out procedures for applying for a new visa by the new guarantee company. Because there are many cases issued of a new visa later than the time limit for exiting, foreigners are forced to exit Vietnam, and then the new company will carry out procedures for guaranteeing foreigners re-enter Vietnam.
2. Conditions for changing guarantee company
Foreigners need to meet the following conditions:
🔹 Already have a work permit/ work permit exemption: Foreigners are guaranteed by the company as an investor, manager, expert, or technical worker to perform a labor contract. Therefore, foreigners need to meet the requirements of expertise, work experience, and health to be granted a work permit or a certificate of work permit exemption in accordance with the law before switching visas.
🔹 There are agencies, companies, and organizations in Vietnam that guarantee.
🔹 Original passport of foreigner: Passport must be valid for more than 30 days from the date of conversion visa.
🔹 Not falling into the cases specified in Article 21 – Law No. 47/2014/QH13 as follows
- Being forced to leave Vietnam within 06 months from the effective date of the decision on forced exit.
- Forging papers, making false statements in order to be granted valid papers for entry, exit, and residence.
- For reasons of disease prevention and control, natural disasters, national defense, security, order, and safety.
3. Procedures for applying for a company conversion visa for foreigners
3.1. Dossier for conversion of guarantor company includes
Organizations and individuals sponsoring foreigners need to prepare the following documents:
- 01 declaration form NA5 requesting for granting, supplementing, and amending visas.
- The agency that appoints a representative to submit the application must have a letter of introduction enclosed with a valid ID card or citizen's identity card.
- The document introduces the seal and signature of the authorized person of the organization according to the form NA16 issued together with 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.
- The decision to terminate the labor contract/guarantee of the former organization/ company.
- Certified copy of work permit/ work permit exemption.
- Original passport or valid international travel document of a foreigner.
3.2. Submit the application & get results
🔹 Vietnamese agencies and organizations, Vietnamese citizens, and foreigners lawfully in Vietnam shall submit dossiers at the Immigration Office of the Provincial Police or the Immigration Department of the Ministry of Police.
🔹 The person who comes to receive the result gives the receipt to the officer who returns the results, and compares it, if there is a result of the temporary residence extension, the person who comes to receive the result must pay the fee and sign for it.
🔹 Thus, with some of the above notes and advice, ABA VISA hopes to help you better understand the conversion of a guarantee company for foreigners to avoid unfortunate mistakes.
🔹 If you find it difficult to convert visas for foreigners. You can contact our service With many years of experience in handling documents for foreigners. ABA VISA has consulted and removed pillows for many businesses and foreigners who are experts, technical workers, investors, and managers in Vietnam.
🔹 Immediately contact the Hotline: +84938165817 or Zalo/ WhatsApp/ Comment on the article for quick support from experts.
