Work permits when changing employer: new permit or reissue, temporary residence cards, and the right order to avoid a gap

A foreign national working lawfully in Vietnam accepts an offer from another company. The first question for both the employee and the new company's HR department is usually: can the work permit that is still valid be carried over, and does the temporary residence card need to be redone?

The short answer: the work permit and the temporary residence card are both tied to the employer named on them. Changing company means changing the named party, so both must be obtained afresh under the new company. The difficult part is not the paperwork but the order: get the order wrong and the employee may fall into a gap with no work permit or no valid basis for residence. Work permit procedures are currently governed by Decree 219/2025/NĐ-CP, effective from 07/8/2025, which replaces Decree 152/2020/NĐ-CP and Decree 70/2023/NĐ-CP.

Can the old work permit be used at the new company?

No. A work permit is issued for a person to work for a specific employer. Once the contract with the old company ends, that permit is no longer a basis for working for another company.

Many people assume a quick reissue will do. However, under Article 23 of Decree 219, reissue applies only to a narrow set of cases, and moving to a different legal entity is not among them. Decree 219 has also removed the reissue ground for a change of work location that existed under Decree 70/2023, so a change of work location now also requires a new permit. Extension only lengthens the validity period; it cannot be used to change company.

A note on company name changes: the reissue ground is a change of the employer's name without a change of identification number. The identification number and the enterprise registration number are two different codes. If the old company has changed its name or been restructured into a different legal entity, check carefully before choosing the reissue procedure.

• Reissue available: a valid permit that is lost or damaged beyond use.
• Reissue available: a change of full name, nationality or passport number shown on a valid permit.
• Reissue available: a change of the employer's name without a change of identification number.
• New permit required: moving to work for a different employer, even in the same position and job title.
• New permit required: a change of work location.

The new company applies for the work permit: documents and timing

The new company is the applicant and files at the provincial People's Committee where the employee is expected to work. Under Decree 219, the company submits a single dossier that both explains its need to employ a foreign worker and applies for the permit; there is no longer a separate step to obtain approval of that need.

The processing time is 10 working days from receipt of a complete dossier. If the application is refused, the authority must reply in writing with reasons within 03 working days. According to common guidance, the dossier should be submitted within 60 days and no later than 10 days before the start date; confirm this timeframe with the receiving office. Fees are set by each province's People's Council, so check the rate currently applied where you file.

Someone who already holds a work permit will usually have some documents to hand. There used to be a simplified dossier for people taking the same position at a new company, but it is unclear whether Decree 219 keeps it. Ask the receiving authority before leaving out any document.

• An application for the permit using Form No. 03, including the explanation of the need to employ a foreign worker.
• A health certificate valid within 12 months.
• A Vietnamese or foreign criminal record certificate issued no more than 6 months earlier.
• 02 colour photos of 4x6 cm and a valid passport.
• Documents proving the form of work, for example the employment contract to be signed with the new company.
• Documents proving eligibility for the position: degrees, confirmation of experience, appointment decisions as applicable. Foreign documents must be consular-legalised or apostilled, unless exempt.

Visa and temporary residence card under the new company

A work-category temporary residence card is tied to the sponsoring organisation. Changing company is not an amendment of details on the card but a change of sponsor, so the employee needs a new temporary residence card sponsored by the new company.

The prerequisite is a work permit, or written confirmation of exemption from a work permit, at the new company. A letter of offer or recruitment agreement alone is not enough for the card; in the meantime a suitable short-term visa must be used. According to guidance published by the Government News (Báo Chính phủ), when the old company no longer sponsors the employee, the old temporary residence card is returned to the immigration authority and a temporary stay extension is arranged for the employee, after which the new company handles the visa and temporary residence card. For e-visas, the immigration authority requires the e-visa to show the name of the requesting agency or organisation before it can be used to apply for a temporary residence card.

• The new temporary residence card application comprises the sponsoring organisation's basic documents, together with the new work permit or exemption confirmation at the new company.
• A document terminating the employment contract with the old company is usually also needed; if the employee held capital in the old company, divestment documents may be required.
• The passport must remain valid for at least 30 days beyond the intended card validity, otherwise the card will be issued for a shorter term.
• Temporary residence card fees under Circular 25/2021/TT-BTC (amended by Circular 62/2023/TT-BTC): USD 145 for a card of up to 02 years, USD 155 for a card of over 02 years up to 05 years. A single-entry visa is USD 25. Check the fees again before filing, as the schedule may change.

The order to follow to avoid a gap

The general principle: do not start working for the new company before the new permit is issued, and do not let the employee remain on a temporary residence card that has lost its sponsorship basis. The sequence below is a practical arrangement, not a procedure set out word for word in law. Whether a new permit application will be accepted while the employee has not yet ended the old contract depends on each province's guidance, so ask in advance.

• Step 1: The employee and the new company agree a start date that allows enough time for the new work permit and new temporary residence card. Check the passport expiry at the outset.
• Step 2: Prepare personal documents. A criminal record certificate older than 6 months or a health certificate older than 12 months must be redone, even if it was used for the old permit.
• Step 3: The new company files the work permit application within the statutory timeframe. The employee continues working at the old company while waiting.
• Step 4: Once the new permit is issued, end the contract with the old company. The old company retrieves the old permit, returns it to the issuing authority and returns the old temporary residence card to the immigration authority.
• Step 5: The new company files the new temporary residence card application immediately. If this cannot be done in time, arrange a temporary stay extension, apply for a suitable visa, or leave and re-enter on a visa or e-visa showing the new company's name.
• Step 6: Sign the employment contract with the new company in line with the permit and start work.

Risks to avoid

Most problems when changing company come from assuming the old documents still work during the transition. No regulation allows working for the new company on the old permit, or staying on the old temporary residence card once the sponsor has changed. Working without a permit (and without an exemption) can lead to penalties for the company and deportation of the employee.

• Starting at the new company right after leaving the old one while the new permit has not yet been issued.
• Choosing reissue or extension by mistake instead of a new permit, causing the dossier to be returned and time to be lost.
• The old company failing to return the old permit and temporary residence card, holding up the new company's procedures.
• Using checklists or forms based on Decree 152/2020 or 70/2023, which no longer apply.
• Re-entering on an e-visa that does not show the new company's name, so it cannot be used to apply for a temporary residence card.

How Gateway can help

Gateway works with the employee and the new company's HR department on the work permit when changing employer, from identifying the right procedure to receiving the permit, and then advises on the next step, the temporary residence card. Service fees are quoted case by case; government fees and third-party costs are charged separately. Regulations may change, so Gateway reviews the guidance currently applied at the place of filing before preparing the dossier. Contact: [email protected], +84367387309.

• Review the position, qualifications and experience to determine the right route: new permit, reissue, extension or exemption.
• Send a document checklist; assist with health checks, criminal record certificates, Apostille or consular legalisation, and translation.
• Prepare the dossier for the company to sign and stamp; file it, follow up and provide explanations when the authority requests them.
• Collect the work permit, hand it over and advise on the temporary residence card procedure under the new company.