Question 182. In case an Employer wants to pay the medical expenses for a foreign Employee despite the expired LC, is it considered as a guarantee for the Employee to continually stay in Vietnam?

Answer:

Any foreign Employees can extend his or her residence period in Vietnam by requesting an organisation to conduct certain legal procedures for extension of temporary residence status [1]. Accordingly, the Vietnam immigration department shall consider the application for extension of temporary residence status from such an organisation. In addition, there is no regulation prescribed that Employer pay the medical expenses for the foreign Employee who will be considered the extension of temporary residence status.

On the other hand, the law provides that the guarantee of the foreign Employee must be the organisation or company that employs him or her to work in Vietnam[2]. However, if the LC is terminated for expiration, the Employer shall not be obliged to guarantee the Employee continual residence in Vietnam. Furthermore, as prescribed by Vietnamese law, there is no type of visa for a foreigner to stay in Vietnam for the purpose of medical treatment[3].

In addition, from the viewpoint of the Department of Immigration, any foreign Employee being treated at the medical facility can be guaranteed residence in Vietnam. Accordingly, the Employer could request the medical facility to provides treatment to act as the guarantee for the Employee.


[1] Article 35.1 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam

[2] Article 14 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam

[3] Article 8 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam