Foreign Investment

Changing employers: can the old work permit still be used?

The definite answer: no, it cannot be carried over. In Vietnam, a work permit licenses a “pair” — one employee and one specific employer — it is not a personal professional license that follows the worker for life.

Why the permit does not travel with the person

Under Article 13 of Decree 219/2025/ND-CP, a work permit’s content includes: the employee’s full name, date of birth, nationality, passport number; the employer’s name; the job position; the work location; and the term. The company name is printed on the face of the permit itself. The legal consequences:

  • Terminating the contract with the company named on the permit is one of the revocation cases (Decree 219/2025);
  • The new company is a different employer → it must run the full process: demand justification approved for the position at the new company, then a fresh work permit application;
  • There is no “change of employer” procedure on an existing permit — reissuance is only for technical errors, personal information changes, and the name/address change of that same employer.

The correct job-change sequence

  1. The old company and the employee settle the contract; the old company recalls the permit and returns it to the issuing authority as prescribed;
  2. The new company prepares a fresh-issuance dossier: reusing still-valid documents (legalized/apostilled degrees, valid criminal record, health check within 12 months) — the single biggest time saver;
  3. The new company files within the statutory window (no earlier than 60 days, no later than 10 working days before the planned start);
  4. New permit issued → labor contract signed → new labor residence card sponsored by the new company.

Common job-change mistakes

  • Letting the employee start “first, permit later”: that is working without a permit — the employee faces VND 15–25 million plus deportation, the company VND 30–45 million (Article 13, Decree 283/2026/ND-CP);
  • Forgetting the old permit recall: the old employer that fails to recall/return on time is also fined VND 5–10 million per person;
  • Leaving the residence card out of the transition plan: a new permit without a converted residence card still leaves the employee without lawful residence under the new arrangement.

Frequently Asked Questions

Does a work permit follow the employee when they change companies?

No. A work permit is issued for one specific employer — the permit itself records the company name, job position, work location and term. When the employee terminates the contract with the old company, that is a case for permit revocation; the new company must obtain a fresh work permit in its own name. There is no mechanism to “transfer” or “re-register” a permit between two employers.

Can the employee start at the new company while the new permit is pending?

No. In principle, the employee may only work after the new company is issued the work permit (or an exemption confirmation if the case qualifies). The waiting period is best used to prepare the dossier: many documents (legalized degrees, a still-valid criminal record, a health certificate within 12 months) can be reused for the new dossier if still valid, significantly shortening processing time.

What happens to the labor-category residence card on a job change?

The labor residence card is tied to the current sponsoring company. On changing companies, the employee needs the new company to sponsor a new residence card matching the new work permit; the old card falls under return/revocation rules. The receiving employer should plan both procedures in sync (new permit → new residence card) so the employee never falls into a legal-residence gap.

Contact us

FLAT Law Firm advises FDI companies and foreign employees on work permits, visas and temporary residence cards in Vietnam. Contact us for advice on your specific case.

This content is general information only and is not a substitute for legal advice on a specific case.