TRC for Foreign Employees: A Practical Guide

If you are a foreigner working in Vietnam, having a valid Work Permit is only part of the picture. You also need to consider: How can I legally stay in Vietnam for the duration of my employment?

For eligible foreign employees, a Temporary Residence Card (TRC) can provide a more stable residence status than repeatedly applying for short-term visas. But there is an important condition:

Your TRC must correspond to your employment and immigration status.

This means the Work Permit, employer, sponsor and residence documents should be reviewed together.

1. Who Can Get a TRC as a Foreign Employee?

For employment-based residence, the two key categories are:

LĐ1 – For foreigners working in Vietnam who are not subject to a Work Permit, unless otherwise provided by an international treaty.

LĐ2 – For foreigners working in Vietnam who are required to have a Work Permit.

Both LĐ1 and LĐ2 are among the categories eligible for a Temporary Residence Card. 

So, in simple terms:

Work Permit required → LĐ2 → potentially LĐ2 TRC

Work Permit exemption → LĐ1 → potentially LĐ1 TRC

The exact status still depends on the foreigner’s circumstances and supporting documents.

2. How Long Is an Employee TRC Valid?

The law provides different maximum validity periods for different TRC categories. For employment-related TRCs:

LĐ1 TRC → up to 2 years

LĐ2 TRC → up to 2 years

However, there is an important limitation: The TRC must be at least 30 days shorter than the remaining validity of the passport. 

So if your passport is close to expiry, this can affect the duration of the TRC you receive.

Simple example: If your passport has only 14 months remaining, you should not expect an employment TRC to be issued for the full two years.

3. What Do You Need Before Applying?

4. What Documents Are Required?

A typical application will involve:

• Passport

• TRC application form

• Sponsoring organization’s documents

• Work Permit or evidence of Work Permit exemption

• Documents proving the sponsoring/employment relationship

Additional documents may be required depending on the specific case. Under the immigration law, the sponsoring organization submits the relevant application and supporting documents to the immigration authority.  The exact document set should therefore be checked against your employment situation rather than copied from another employee.

5. How Does the Application Process Work?

The process is relatively straightforward when the employment and sponsorship documents are already in order.

Step 1 — Confirm your employment status

Check whether you are under LĐ1 or LĐ2.

Step 2 — Prepare the Work Permit documents

For LĐ2, ensure your Work Permit is valid.

For LĐ1, prepare evidence of the applicable exemption.

Step 3 — Prepare the TRC application

The sponsoring organization prepares and submits the application.

Step 4 — Immigration authority reviews the application

A complete TRC application is generally processed within 5 working days. 

Step 5 — Receive the TRC

Once approved, the foreign employee receives the Temporary Residence Card for the applicable period.

6. Does a TRC Mean You Can Stay Even If You Lose Your Job?

Not necessarily.

This is one of the most important things to understand about an employment-based TRC. If your TRC is based on your employment with a particular employer, losing that employment may affect the underlying basis for your residence status.

Therefore, if your employment ends, you should immediately review: your Work Permit; your TRC; your sponsor; your new employment, if any

Do not simply rely on the TRC’s printed expiry date. This is especially important if you have been fired, resigned or changed employers.

7. What Happens If You Change Employers?

An employee TRC is connected to an employment-based immigration status.

If you move from: Company A → Company B – you should review both your Work Permit and TRC.

Your new employer may need to become the relevant sponsor, and the appropriate employment authorization must be addressed before you begin working. The fact that your existing TRC remains valid for another year does not necessarily mean that you can simply continue using it without updating your immigration status.

For a planned employer change, DHH LAW FIRM recommends reviewing the Work Permit and TRC together.

8. What If Your Passport Changes?

Your passport is another important part of the TRC equation. Vietnamese law links TRC validity to the remaining validity of the passport, with the TRC required to expire at least 30 days before the passport. (thuvienphapluat.vn)

So if you:

• renew your passport

• receive a new passport number

• or lose your passport and obtain a replacement,
• your TRC and immigration records should be reviewed.

This is especially important before your next visa, TRC or residence procedure.

9. Work Permit vs. TRC: Don’t Confuse Them

Work Permit	TRC
Authorizes qualifying employment	Establishes temporary residence status
Connected to employment	Connected to immigration status
Employer handles application	Sponsor handles application
Does not automatically give residence rights	Does not replace Work Permit requirements
Can be affected by employer/position changes	Can be affected by sponsor/status changes

Think of it this way:

Work Permit = permission to work

TRC = immigration status for temporary residence

You may need both.

10. Common Mistakes Foreign Employees Make

Using the Work Permit as if it were a visa – It isn’t.

Using the TRC as if it were a Work Permit – It isn’t.

Changing employers without reviewing the TRC – The sponsor and employment basis may change.

Renewing the passport without checking immigration documents – Passport information and validity can affect your TRC.

Waiting until the last minute – Work Permit, TRC and passport expiry dates should be tracked separately.

How DHH LAW FIRM Can Help

Applying for an employee TRC in Vietnam becomes much easier when your employment documentation is already in order.

At DHH LAW FIRM, we can review the complete situation, including:

• Work Permit

• Work Permit exemption

• LĐ1/LĐ2 status

• Passport

• Employer

• Sponsor

• Existing visa/TRC

From there, DHH LAW FIRM can assist with the appropriate TRC application and help identify potential problems before submission.

We can also assist if you are:

• changing employers

• renewing your passport

• renewing your Work Permit

• replacing a lost passport

• or transitioning from another visa category.

The objective is simple:

Make sure your employment status and immigration status remain aligned.

Bottom Line

For foreign employees, a Temporary Residence Card (TRC) can provide a convenient long-term residence solution in Vietnam.

The two main employment-related categories are:

LĐ1 — foreign workers not subject to a Work Permit

LĐ2 — foreign workers required to have a Work Permit

Both can qualify for a TRC, subject to the applicable requirements. Employment-related TRCs have a maximum validity of up to two years, while the passport-validity rule can further limit the actual period granted.

But remember: Work Permit ≠ TRC

and TRC ≠ Work Permit

They form two parts of your legal status as a foreign employee in Vietnam.

If you are applying for an employee TRC, changing employers or renewing your passport, DHH LAW FIRM can review your documents and help you choose the appropriate immigration procedure.

Frequently Asked Questions

• Who can get an employee TRC in Vietnam?

→ Foreign workers holding qualifying LĐ1 or LĐ2 status may be eligible for a Temporary Residence Card, subject to the applicable immigration requirements. 

• How long is an LĐ1 or LĐ2 TRC valid?

→ The maximum validity is generally up to two years, subject to the passport-validity limitation and the underlying immigration status. (thuvienphapluat.vn)

• Do I need a Work Permit before applying for an LĐ2 TRC?

→ LĐ2 is the category for foreigners who are subject to a Work Permit. The Work Permit and TRC are separate procedures and should be coordinated.

• Can I keep my TRC after changing employers?

→ Do not assume that you can simply keep using it unchanged. A change of employer can affect the employment-based immigration status and sponsorship arrangement.

• Does changing my passport affect my TRC?

→ It may. The passport is an important part of the TRC application, and the TRC validity is linked to the passport’s remaining validity. Review the documents after receiving a new passport.

• How long does a TRC application take?

→ A complete application is generally processed within 5 working days by the immigration authority. 

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