Question 154: Will it be deemed as a guarantee for foreign Employees to continue their temporary residence in Vietnam upon expiry of their LCs?

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Where foreign Employees wish to prolong their residence term in Vietnam, they shall request the guarantee organisation to carry out the legal procedural steps to extend their temporary residence[1]. Accordingly, the immigration department will consider foreign Employees’ request for extension of their temporary residence based on the application file for extension submitted by the guarantee organisation. Besides, the Vietnamese law has not yet regulated Employers’ payment of medical expenses for foreign Employees will be deemed as a guarantee for extension of their temporary residence.

On the other hand, the guarantor for foreign Employees must be the enterprise or organisation that recruits them as Employees[2]. However, in case of termination of LCs due to their expiry, Employers are not obliged to make a guarantee for foreign Employees to reside in Vietnam. Moreover, in accordance with the Vietnamese law[3], there is not any type of visa for a foreigner to stay in Vietnam due to his medical treatment.

In addition, the Vietnam Immigration Department comments that where the foreign Employees have been under hospital treatment, they may seek a guarantee for them to stay in Vietnam. Therefore, Employers should ask foreign Employees to contact the hospital to seek their guarantee from such hospital.


[1]Article 35.1 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam

[2]Article 14 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam

[3]Article 8 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam