Many enterprises and foreign employees working in Vietnam often ask the question: “Is it possible to submit an application for a Temporary Residence Card before the effective date of the work permit?”. This is a very common practical issue arising during the process of handling applications for foreign workers (FWs), especially when enterprises want to complete Temporary Residence Card (TRC) procedures in parallel with or immediately after the Work Permit is issued but before its commencement date. The following article will analyze this issue based on current legal regulations, helping enterprises and FWs clearly understand the cases they may encounter and the appropriate handling methods.
LEGAL BASIS
– Labor Code 2019 (Law No. 45/2019/QH14).
– Decree No. 219/2025/ND-CP dated August 7, 2025 of the Government regulating foreign workers working in Vietnam.
– Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (Law No. 47/2014/QH13), amended and supplemented by Law No. 51/2019/QH14.
I. WORK PERMIT AND TEMPORARY RESIDENCE CARD (TRC)
1.1. Work Permit and its effective date
- According to the provisions of the Labor Code 2019 and Decree No. 219/2025/ND-CP, a work permit is a document issued by a competent state authority to a FW, confirming that they are permitted to work legally in Vietnam. The maximum term of a work permit is 02 years and it can be extended up to 01 time for a maximum of no more than 02 years.
- Notably, the effective date of a Work Permit is the date stated on that permit – and does not necessarily coincide with the date of issuance. The competent authority (currently the Provincial People’s Committee under Article 4 of Decree No. 219/2025/ND-CP) may issue a work permit while specifying the effective date to start on a certain day in the future, corresponding to the expected starting date of work of the FW.
1.2. Temporary Residence Card (TRC) and conditions for issuance
- According to Clause 13, Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014: “Temporary residence card is a document issued by an immigration management authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside for a definite period of time in Vietnam and is valid in lieu of a visa.”
- For foreign workers, TRCs are issued under the symbols LĐ1 or LĐ2, with a maximum term of 02 years, and the basic condition to be considered for a TRC under the employment category is: having a valid work permit or a document confirming exemption from a work permit.
- Practice at the Immigration Department and local immigration offices shows that when an enterprise submits a TRC application, the receiving authority will check the notarized copy of the work permit – which indicates the effective date. This is the crucial point leading to the question: is it possible to submit a TRC application when the Work Permit has been issued but has not yet reached its effective date?
II. SUBMITTING A TRC BEFORE THE EFFECTIVE DATE OF THE WORK PERMIT – CASES AND HANDLING METHODS
2.1. In case the Work Permit has been issued but has not yet reached its effective date
- This is the most common situation. When an enterprise receives a Work Permit but the effective date stated on the permit is a date in the future (for example: Work Permit issued on May 1st, but the effective date is stated as May 15th), the question is: can the enterprise submit the TRC application immediately after receiving the Work Permit?
- Pursuant to Article 36 and Article 37 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), the condition to be issued a TRC is that the foreigner must fall under the category considered for temporary residence card issuance, in which the employment category requires a work permit or a certificate of work permit exemption. However, the law does not explicitly state that the work permit must be effective at the time of submitting the TRC application or if it just needs to be a validly issued permit.
- Since current law does not have a clear provision on this matter, whether a TRC application is accepted when the Work Permit is not yet effective depends on the review practice of each individual immigration management authority. In many practical cases, the immigration authority will accept and process the application, but the effective date of the TRC will be calculated no earlier than the effective date of the Work Permit.
- Therefore, enterprises should discuss directly with the immigration management authority where they plan to submit the application for specific instructions, avoiding situations where applications are rejected due to failure to meet requirements.
2.2. In case the Work Permit has taken effect – This is the standard condition
- The most common and clearly established case: the enterprise submits the TRC application after the Work Permit has taken effect. Pursuant to Article 36 and Article 37 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), the condition to be issued an employment-based TRC is that the foreigner must have a work permit or a certificate of work permit exemption. Once the Work Permit has taken effect, the foreign worker meets this basic condition, creating a full legal basis to submit and be considered for a TRC.
- Regarding the TRC term, according to Article 38 of the 2014 Immigration Law (amended in 2019), temporary residence cards with symbols LĐ1, LĐ2 have a maximum term of 02 years, and the issued term must be at least 30 days shorter than the remaining validity of the passport. This is the only condition regarding the term clearly stipulated in the law; enterprises need to ensure that the FW’s passport has sufficient validity when submitting the TRC application.
- This is the safest and most favorable path to complete TRC procedures for FWs, because the application has a complete legal basis and no complications arise regarding the validity of the Work Permit at the time of submission.
2.3. In case the Work Permit has expired or has not been issued
- According to regulations and practical application, if the FW does not have a Work Permit or the work permit has expired, the immigration management authority will reject the TRC issuance application due to a lack of legal basis regarding the lawful purpose of residence. This is in line with the spirit of Article 36 of the 2014 Immigration Law (amended in 2019), according to which foreigners entering Vietnam for work are only issued a TRC when they have sufficient legal basis proving their lawful status to work.
III. DOSSIER, PROCEDURES, AND NOTES WHEN SUBMITTING A TRC FOR FOREIGN WORKERS
3.1. Dossier to be prepared
When submitting an application for an employment-based TRC for a FW, the enterprise needs to prepare a dossier including:
– Written request for temporary residence card issuance from the sponsoring enterprise (Form NA6 and NA7).
– Declaration form for temporary residence card issuance for foreigners (Form NA8), with photo attached.
– 02 color photos sized 2×3 cm, white background, recently taken.
– Original passport with a validity of at least 01 year (or 02 years if wishing to be issued a 2-year TRC), accompanied by a visa for the correct purpose of work (symbol LĐ, LĐ1, LĐ2 or DN, DN1, DN2 sponsored by the enterprise itself).
– Notarized copy of the valid work permit or work permit exemption certificate of the FW.
– Enterprise Registration Certificate or Investment License (notarized copy).
– Specimen of seal and signature registration for the first time at the immigration authority (Form NA16 – submitted for the first time).
– Confirmation of temporary residence registration (if any).
– Letter of introduction for the Vietnamese employee to submit the application on behalf of the enterprise (if the enterprise delegates a person).
3.2. Where to submit the application
Applications are submitted at the Immigration Department – Ministry of Public Security (in Hanoi, Ho Chi Minh City, Da Nang) or at the Immigration Office of the Public Security of the province/city where the enterprise’s head office is located. In addition, applications can be submitted online through the Public Service Portal of the Ministry of Public Security or via public postal services.
3.3. Processing time
The prescribed time limit for resolving TRC issuance applications is no more than 05 working days from the date of receiving a complete and valid dossier. In practice, depending on the locality and the workload of the receiving authority, the time may range from 05 to 10 working days.
3.4. Important notes on the timing of TRC application submission
Enterprises should note a few important points when preparing to submit TRC applications:
– Do not wait until the old visa or TRC is about to expire to submit the application, as the processing time may lead to an interruption in the FW’s lawful resident status.
– When converting from another type of visa or TRC (tourism, visiting relatives, investment…) to a working TRC (LĐ1, LĐ2), a reasonable explanation for the change of residence purpose is required, and the Work Permit must meet the duration requirement.
– According to Article 38 of the 2014 Immigration Law (amended in 2019), the issued TRC term must be at least 30 days shorter than the remaining validity of the passport, and maximum no more than 02 years for employment-based TRCs (LĐ1, LĐ2).
IV. FREQUENTLY ASKED QUESTIONS
Question 1: What is the maximum TRC term for foreign workers?
According to Article 38 of the 2014 Immigration Law (amended in 2019), TRCs with symbols LĐ1, LĐ2 have a maximum term of 02 years. The issued TRC term must be at least 30 days shorter than the remaining validity of the passport – this is the only regulation on the term clearly recorded in the law.
Question 2: How are the conditions regarding the Work Permit term regulated when applying for a TRC?
The 2014 Immigration Law (amended in 2019) stipulates that the condition for issuing an employment-based TRC is having a work permit or a work permit exemption certificate, without specifically regulating a minimum remaining validity threshold for the Work Permit. Enterprises should proactively confirm the specific local requirements with the immigration management authority before submitting applications.
Question 3: If the Work Permit expires, does the TRC automatically expire?
TRC and Work Permit are two legally independent types of documents, but they are closely related. When the Work Permit expires or is revoked, the legal basis for the employment-based TRC no longer exists; this is one of the reasons why the immigration management authority may revoke the TRC or refuse to extend it. Enterprises need to proactively extend the Work Permit before performing procedures to extend the TRC.
CONCLUSION
The question “Is it possible to submit a TRC before the effective date of the Work Permit?” is an issue that has not been explicitly regulated by law. On the basis of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), the Labor Code 2019, and Decree No. 219/2025/ND-CP, the core condition for being issued an employment-based TRC is having a valid work permit. Therefore, enterprises and FWs need to:
- Confirm directly with the immigration management authority regarding the possibility of submitting a TRC application when the Work Permit has been issued but is not yet effective.
- Prioritize completing Work Permit procedures as early as possible so as not to interrupt TRC procedures.
- Ensure that the FW’s passport has sufficient validity according to regulations in Article 38 of the 2014 Immigration Law (amended in 2019) – specifically, the remaining validity of the passport must be at least 30 days longer than the expected TRC term.
- Plan the extension of the Work Permit and TRC in parallel, proactively at least 30 days before the expiration date.
If your enterprise still has concerns regarding procedures related to TRCs or Work Permits for FWs, please contact a legal advisory team for case-by-case assistance.
