Question:
Our company has employed a foreign national who is married to a Vietnamese citizen and is residing in Vietnam. During his/her employment with the company, this person was granted a Certificate of exemption from work permit requirement. Now that the employee has resigned and terminated the labor contract with the company, is our company required to revoke and return that Certificate of exemption from work permit requirement?
Answer:
Pursuant to Clause 1, Article 32 of Decree No. 219/2025/ND-CP:
“Article 32. Cases subject to withdrawal of the Certificate of Exemption from Work Permit Requirement
- Working inconsistently with the contents of the Certificate of Exemption from Work Permit Requirement that has been issued.”
From the above provision, it can be seen that one of the cases in which a Certificate of Exemption from Work Permit Requirement is subject to withdrawal is when the foreign worker “works inconsistently with the contents of the Certificate of Exemption from Work Permit Requirement that has been issued.” The contents of this Certificate not only specify the grounds for exemption but also clearly identify the employer, the job position, and the duration of employment in Vietnam.
In the present case, the foreign worker was granted such a Certificate on the basis of his employment with the company for a definite term corresponding to the labor contract. However, he has now resigned and terminated the labor relationship before the expiration of the contract. This means that his actual employment is no longer consistent with the contents recorded in the Certificate. Therefore, this situation falls under the grounds for withdrawal as stipulated in Clause 1, Article 32 above.
Accordingly, the company is responsible for carrying out the procedure to withdraw and return the Certificate of Exemption from Work Permit Requirement of this worker to the competent authority (i.e., the Department of Labor, Invalids and Social Affairs that issued the Certificate). The withdrawal and return not only ensures compliance with the regulations on the management of foreign workers in Vietnam but also helps the enterprise avoid potential legal risks in the event of inspection or examination in the future.
Consultation reference: labor law services
