Your Work Permit Has Expired but Your TRC Is Still Valid: What It Means and What to Do in Vietnam

A foreign worker whose work permit has expired but whose Temporary Residence Card remains physically in date is in a compromised legal position: the TRC may still be accepted for some practical purposes, but its underlying legal basis — the work permit — is no longer valid, and continuing to work carries real penalties including fines and deportation.

More foreign workers encounter this situation than you might expect, and for a straightforward reason: the TRC is the document most people look at. It has a clear expiry date printed on a physical card, and when it shows months of validity remaining, the instinct is to assume everything is in order. The work permit — issued by a different authority, stored in a different folder, expiring on a different date — gets missed. By the time the gap is discovered, the legal exposure may already be real.

This guide explains what each document authorises, what the penalties are for continuing to work, and the steps to return to full compliance — which, once a work permit has already expired, means applying for a new work permit rather than renewing or extending the old one.

Getting Back to Full Compliance After a Work Permit Expiry

1. Notify your employer immediately in writing — the process is employer-led and cannot be initiated by the foreign employee
2. Employer arranges revocation of the expired work permit and returns it to the provincial labour authority within 15 days, as required under Decree 219/2025
3. Employer files a new work permit application with the Provincial People's Committee (or its delegated labour authority) under Decree 219/2025
4. Obtain updated criminal record certificate and health certificate if either falls outside validity windows
5. Employer sponsors a new TRC application at the Immigration Department once the new work permit is confirmed
6. Attend the immigration office in person to collect the new TRC card

> This guide reflects work permit and immigration procedures as understood in early 2026. Requirements can change without advance notice. Verify current requirements directly with the Vietnam Immigration Department (Cục Quản lý xuất nhập cảnh) and the relevant Provincial People's Committee before proceeding.

Two Documents, Two Different Permissions

This is the core of the issue, and it is worth being precise about it.

A Temporary Residence Card (TRC) is issued by the Vietnam Immigration Department — which sits under the Ministry of Public Security. Its purpose is to authorise your residence in Vietnam for a defined period. It acts as a substitute for a visa and, under normal circumstances, allows you to enter and exit the country during its validity. A labour-linked TRC (symbol LD2) is issued specifically to foreign workers holding valid work permits, and its maximum validity is two years. Critically, its legal standing is tethered to the work permit that created it — once that permit expires or is revoked, the TRC's legal foundation is compromised, even if the printed expiry date has not yet arrived.

A Work Permit is issued by a different authority entirely: under Decree 219/2025, work permits are issued by the Provincial People's Committee (PPC), which typically delegates this function to a specialised labour authority at the provincial level. Its purpose is to authorise your employment — the act of working for a specific employer, in a specific role. Without a valid work permit, there is no legal basis for that employment to continue, regardless of what your residency document says.

The two documents are linked at the point of application — you cannot get a labour TRC without a work permit — but they are not the same thing, and they are not governed by the same law.

Official requirement: To live and work legally in Vietnam, a foreign national generally needs both a valid work permit and a valid TRC (or visa). One does not substitute for the other.

Common practice: Many foreign workers check only the expiry date on their TRC and assume everything is in order. The work permit date — which is often earlier — goes unnoticed. This is one of the most frequently reported compliance failures among working expats in Vietnam.

What the Law Actually Says About Working on an Expired Permit

Vietnamese labour law is unambiguous: working without a valid work permit is treated the same as working without one at all. An expired work permit equals no work permit.

Under Clause 3, Article 32 of Decree 12/2022/ND-CP, foreign workers found to be working without a valid work permit face:

• Fines of VND 15–25 million (approximately USD 590–980), and
• Mandatory deportation as a supplementary penalty

There is no statutory grace period. The day after a work permit expires, the worker is no longer authorised to work. A TRC that is physically intact and shows a future expiry date provides no legal protection against these penalties.

The employing company is also exposed independently. Under the same decree, employers that continue to engage foreign workers without valid permits face fines of VND 30–75 million (approximately USD 1,200–3,000), scaled to the number of unlicensed workers. These penalties are imposed on the employer separately — they do not depend on the employee being fined first.

Worth confirming locally: Penalty enforcement varies by province and by the timing of inspections. However, the legal exposure is real and increasing. Vietnam has intensified labour compliance inspections in recent years, and the introduction of Decree 219/2025 — which took effect August 7, 2025, replacing Decree 152 — signals continued regulatory tightening rather than relaxation.

What You Can and Cannot Do While Your Work Permit Is Expired

While a work permit is expired but the TRC remains physically in date, the foreign national's position is a grey area in practice — the TRC's printed validity has not expired, but the legal basis that created it has. In practical terms:

A foreign national in this situation can generally:

• Remain physically present in Vietnam — the TRC may still be accepted for residence purposes in day-to-day life, though its legal foundation is compromised. Vietnamese authorities and credible legal sources are consistent that the TRC's legal standing weakens once the underlying work permit is gone.
• Exit Vietnam — the TRC is typically accepted as a travel document for departure, though re-entry carries real risk if the underlying permit has been formally cancelled or revoked (see Practical Notes below)
• Handle administrative matters and personal affairs — general day-to-day activity is largely unaffected
• Continue any activity that does not constitute employment under Vietnamese law — research, passive investment management, personal and domestic matters

What a foreign worker cannot do during this period:

• Continue working for their employer in any paid capacity
• Enter into a new employment arrangement without first obtaining a valid work permit
• Represent the employer in any capacity that constitutes active employment

Bank account access is a real and underappreciated risk. Under Circulars 23/2014/TT-NHNN and 32/2016/TT-NHNN, Vietnamese banks are required to monitor the residency document status of foreign account holders. In practice, once an underlying work permit expires, some banks flag the account, restrict outgoing transfers, and in some cases limit ATM withdrawals — even if the TRC has not yet reached its printed expiry date. Incoming deposits are typically still accepted, but the ability to send money or withdraw freely may be suspended until updated documents are provided. This is not universal across all banks or branches, but it is a documented pattern. If you are in a permit gap, contacting your bank proactively and providing evidence that a new work permit application is underway can help prevent an account restriction from compounding the disruption.

Varies by situation: The line between employment and permitted activity can be blurry for directors and senior representatives. If you hold a management position, it is worth confirming with a local employment lawyer which activities fall within your work permit scope and which remain permissible in the interim.

The Step-by-Step Path Back to Full Compliance

Step 1: Notify Your Employer Immediately

The work permit process is employer-led. A foreign employee cannot apply for their own work permit — it is the sponsoring company's responsibility to initiate and file the application. As soon as the expiry issue is identified, the employer's HR or legal team needs to act.

Understanding the legal position: Under Decree 219/2025, a work permit extension can only be filed while the permit is still valid — specifically, within 45 days and no later than 10 business days before the expiry date. If the permit has already expired, the extension window has closed. Similarly, re-grant (re-issuance) under Decree 219 applies to situations where the permit is still valid but has been lost, damaged, or where certain details have changed — not to permits that have already lapsed. Once a work permit has expired, the correct pathway is a new work permit application, not a renewal or re-issuance.

Additionally, Decree 219 requires that an expired work permit be formally revoked. The employer must return the expired permit to the provincial labour authority within 15 days of expiry. This is a compliance obligation, not an optional step — failure to do so exposes the employer to additional administrative liability. The employer should handle the revocation and the new application as parallel processes.

Raising the matter in writing — immediately, with the expiry date named — matters both legally and practically. It creates a paper trail that documents when the gap was identified and who was responsible for acting.

If your employment is ending rather than continuing, the employer's obligations are different and more immediate. When a labour contract is terminated, the employing company is legally required to notify the relevant provincial Immigration Management Office and to collect the TRC for return to the authorities. The foreign employee must also return the work permit to the employer within 15 days of termination, after which the employer submits it to the provincial labour authority to record the cancellation. Reputable companies handle this routinely — but if your employer does not initiate this process, you remain exposed to the consequences of holding documents that should have been formally cancelled.

Step 2: Apply for a New Work Permit

Because the previous permit has already expired, this is a new work permit application — not a renewal or extension. The document requirements are substantively similar to an initial application, but the legal framing matters: the employer is filing for a fresh permit, and the integrated demand-justification process under Decree 219 applies.

Under the Decree 219 framework:

• The employer submits a single integrated dossier — combining the demand justification (explaining the need for a foreign employee) with the work permit application itself. This replaced the separate two-step process under Decree 152.
• Standard processing time is 10 working days from receipt of a complete and valid dossier. Despite the higher day-count compared to the old 5-day work permit processing step, the overall timeline is typically faster because the separate demand approval stage has been eliminated.
• Applications go to the Provincial People's Committee (or its delegated labour authority) in the province where the employee works.
• Decree 219 also introduced an online joint application option for criminal record certificates, allowing the work permit and criminal record certificate to be processed simultaneously through the National Public Service Portal where applicable.

Common practice: Employers typically work with a compliance firm or immigration practitioner for this step, particularly where supporting documents require consular legalisation or translation. The document preparation phase — not the official processing window — is usually where delays occur.

Two documents carry strict validity windows that are easy to overlook when filing a new application after a gap:

• Criminal record certificate — must have been issued within 6 months of the application date. A certificate obtained during the original work permit process is almost certainly expired by the time a new application is filed.
• Medical / health fitness certificate — must have been issued within 12 months of the application date, from an authorised Vietnamese or foreign health facility.

If either falls outside these windows, it must be re-obtained before the application can be submitted. For foreign-issued criminal record certificates, allow time for consular legalisation and Vietnamese translation — this is the step that most commonly causes delays in document preparation.

Important: Work permits are not transferable between employers. If the employment situation has changed since the original permit was issued, or if the role has changed materially, this must be reflected in the new application. Filing under incorrect details is a reliable route to rejection.

Work permit fees are paid by the employer. The fee varies by province: VND 400,000 in Hanoi, VND 600,000 in Ho Chi Minh City, with the highest provincial fee currently at VND 1,000,000. These figures are set by local authorities and may be adjusted — confirm the current rate with the relevant provincial labour authority before filing.

Step 3: Apply for a New TRC Based on the New Work Permit

Once the new work permit is in hand, the employer must apply for a new TRC on the worker's behalf. Under current Vietnamese law, an expired TRC cannot be renewed — a fresh application must be submitted each time.

This is an important distinction even when the existing TRC has not yet physically expired. Once the work permit lapses, the legal basis for that TRC is no longer intact. The practical approach is to apply for the new TRC as soon as the new work permit is confirmed, not to wait for the existing card to reach its printed expiry date.

In Ho Chi Minh City, TRC applications are submitted online through the National Public Service Portal (dichvucong.gov.vn). The employer creates an account, uses a company digital signature token, and submits documents electronically before providing hard copies. In Hanoi, the process runs through the Immigration Management Department with similar requirements. Other provinces may have slightly different local procedures — confirming with the provincial office before filing is advisable.

Required documents:

• Sponsorship letter from the employing company
• TRC application form with photo attached (2×3cm, white background, taken within 6 months)
• New work permit (original)
• Original passport with minimum 13 months of validity remaining
• Current or expired TRC (for reference at submission)

Supporting documents:

• Certified copy of the company's business registration certificate
• Certificate of seal registration or equivalent company verification

Translation / legalisation:

• Any foreign-language documents must be consularly legalised and translated into Vietnamese unless an exemption applies under an international treaty

Processing time and fees: Standard processing is up to 5 working days from receipt of a complete dossier. The state fee for issuing a labour TRC is approximately USD 145. The new TRC will be valid for a maximum of two years, but its duration cannot exceed the validity of the new work permit, and it must expire at least 30 days before the passport's expiry date.

Applicants must attend the immigration office in person to collect the card. The employer's representative handles submission, but the foreign employee appears in person for collection.

Why This Gap Happens and How to Prevent It

The mismatch between work permit and TRC expiry dates is more common than most people realise, and it has a structural cause.

A TRC is issued based on the work permit that was valid at the time of application. If the work permit is later extended but the TRC is not updated at the same time — or if the permit extension runs longer than expected and an earlier TRC was issued for a shorter period — the two end dates drift apart. In some cases the TRC was issued for a shorter period than the work permit because of passport validity constraints: TRCs must expire at least 30 days before the passport.

What experienced long-stay workers in Vietnam find effective:

• Track both documents in a calendar with reminders set 60 days and 30 days before each expiry
• Treat work permit extension as the event that triggers a TRC review — handle both together, not as separate processes
• If you have renewed your passport since the TRC was issued, verify that the TRC validity was not inadvertently shortened at the next cycle
• If your employer manages these timelines centrally, raise the documents proactively rather than waiting for HR to notice — in practice, employer tracking is inconsistent for foreign employees

Practical Notes From the Ground

Once a work permit has expired, the pathway is a new application — not a renewal. This is worth emphasising because the language used casually by HR teams and even some practitioners ("we'll renew it") does not match the legal framework. Under Decree 219, extension is only possible before the permit expires, and re-grant covers valid permits with changed details or replacements for lost or damaged cards. An already-expired permit means a fresh application. The practical difference is subtle — the document requirements are largely the same — but the legal framing matters for the employer's compliance record.

Decree 219 changes the playing field for applications filed from August 2025 onwards. The updated framework introduced an integrated single-dossier application process (merging demand justification with the work permit application), an online joint application option for criminal record certificates, revised worker classification definitions, and updated document requirements by worker category. If the original work permit was processed under Decree 152, the broad structure is similar — but reviewing the current Decree 219 checklist before filing is worthwhile rather than assuming nothing has changed.

Work permits issued under Decree 152 remain valid until their stated expiry date. Transitional provisions under Decree 219 preserve permits issued before August 2025. However, any new application, extension, or re-grant must follow the Decree 219 framework.

The immigration database is linked — and re-entry is not guaranteed. Vietnam's immigration systems are increasingly integrated. An expired or cancelled work permit is visible when immigration officers check TRC details at border control. The risk is not limited to exit: expats in online communities widely report being stopped at airport immigration on re-entry using a TRC whose sponsoring work permit had been formally cancelled. The system flags the absence of an active labour relationship. If your work permit has lapsed — and particularly if your employer has initiated revocation — travelling outside Vietnam and attempting to return on the same TRC is a material risk.

If your former employer holds your physical TRC after you have left the company, act immediately. This is a documented pattern in expat communities: the employment relationship ends, but the former employer retains the TRC card — either because they are required to collect it for return to immigration authorities, or through simple disorganisation. In this situation, the foreign worker cannot present the card at border control and may be prevented from boarding an outbound flight. If you cannot retrieve the TRC from a former employer, contact the Vietnam Immigration Department to report the situation and explore whether an exit visa (Form NA5) is available while the matter is resolved. Do not attempt international travel without either the TRC in hand or an exit visa authorising departure.

If you need a legal window to depart while your status is unresolved, an exit visa is an option. Foreigners who find themselves in-country with no valid permit and no clear path forward can apply for an exit visa (Form NA5) through the Vietnam Immigration Department. This provides a defined departure window — typically 15 days — and does not authorise re-entry. It is a last-resort mechanism rather than a routine step, but it is worth knowing it exists if the application process stalls or the employment relationship breaks down. Processing normally takes 5–7 business days and is typically handled with employer assistance.

Some workers report delays caused by the employer, not the process. This is a consistent pattern in expat communities. The employer is the applicant, and HR processes at Vietnamese companies are not always calibrated to the document timelines of foreign employees. If your work permit expiry is approaching — or has already passed — raising it in writing, with the expiry date named specifically, creates a paper trail and makes the urgency concrete.

> Applicants should confirm current fees, document requirements, and processing timelines directly with the relevant Provincial People's Committee (or its delegated labour authority) and the Vietnam Immigration Department before submitting any application, as these details are updated periodically. Under Decree 219/2025, the authority responsible for work permit matters sits with the Provincial People's Committee, which typically delegates to a specialised labour authority at the provincial level. The former Ministry of Labour, Invalids and Social Affairs (MOLISA) is now the Ministry of Home Affairs (MOHA) following government restructuring.

Key Sources

• Vietnam Immigration Department — xuatnhapcanh.gov.vn
• National Public Service Portal — dichvucong.gov.vn
• Decree 219/2025/ND-CP — Government of Vietnam (replaced Decree 152/2020 and Decree 70/2023)
• Decree 12/2022/ND-CP — penalties for labour and immigration non-compliance
• Law 47/2014/QH13 as amended by Laws 51/2019 and 23/2023
• Ministry of Home Affairs (formerly Ministry of Labour, Invalids and Social Affairs)
• Provincial People's Committees — work permit issuing authority under Decree 219