For many Vietnamese people working in Japan, the end of an employment contract raises an important question: After the contract expires, can they remain in Japan to continue working, or are they required to return to Vietnam?

The answer depends on several factors, most importantly the individual’s Status of Residence (在留資格), period of stay, the programme they are participating in, and whether they meet the requirements for changing to another Status of Residence.

Therefore, “the end of an employment contract” and “the expiry of the authorised period of stay in Japan” should not be understood as exactly the same thing. Workers need to check both their employment contract and their residence status before deciding what to do next.

1. THE END OF AN EMPLOYMENT CONTRACT DOES NOT AUTOMATICALLY MEAN THAT YOU CAN CONTINUE WORKING

According to guidance from Japan’s Immigration Services Agency (ISA), foreign nationals may only engage in activities permitted under their Status of Residence.

For Technical Intern Trainees, ISA states that trainees cannot continue working after completing their Technical Intern Training programme. If they wish to continue working in Japan under the Specified Skilled Worker status, they must complete the relevant procedures to change their Status of Residence.

This is particularly important:

You should not assume that you can simply continue working because your residence card is still valid after your employment contract has ended.

The right to work must correspond to the applicable Status of Residence and the activities permitted under that status.

2. THE FIRST STEP: CHECK YOUR STATUS AND PERIOD OF STAY

Before the employment contract ends, workers should check:

• What is their current Status of Residence?

• When does their authorised period of stay expire?

• When does their employment contract end?

• Have they completed the programme in which they are participating?

• Are they eligible to change to another Status of Residence?

This is important because an employment contract and a Status of Residence are related but are not exactly the same thing.

If a worker wishes to continue working in Japan, they should identify the appropriate Status of Residence in advance rather than waiting until the employment contract has expired before looking into the available options.

ISA provides dedicated information on the Specified Skilled Worker programme, including requirements, procedures and information for foreign workers.

3. CAN TECHNICAL INTERN TRAINEES CONTINUE WORKING IN JAPAN?

One of the options of particular interest to workers is changing from the Technical Intern Training Programme to Specified Skilled Worker (SSW/Tokutei Ginou) status.

According to official information from ISA, people who have successfully completed Technical Intern Training (ii) may be exempt from certain examinations when changing to Specified Skilled Worker status, depending on the applicable conditions and occupational field.

DOLAB-JICA also identifies the Specified Skilled Worker programme as one of the programmes through which Vietnamese workers can work in Japan, alongside the Technical Intern Training Programme.

However, completing Technical Intern Training does not automatically guarantee a change to Specified Skilled Worker status.

Workers must still satisfy the requirements for the new Status of Residence and complete the procedures stipulated by Japanese authorities.

4. IF YOU WANT TO CHANGE TO SPECIFIED SKILLED WORKER, PREPARE IN ADVANCE

If you intend to continue working in Japan under the Specified Skilled Worker system, you should begin preparing before your current employment contract and Status of Residence expire.

You should check:

• Whether the intended occupation is included in the fields covered by the Specified Skilled Worker programme.

• Whether you meet the Japanese language and skills requirements.

• Whether you qualify for any examination exemptions.

• Whether you have found an appropriate accepting organisation.

• Whether the application for changing your Status of Residence has been properly prepared.

• Whether your current period of stay is sufficient to complete the necessary procedures.

ISA provides specific guidance on changing to Specified Skilled Worker status, including certain cases where a person may be granted Designated Activities status while preparing to change to Specified Skilled Worker status, provided the relevant conditions are met.

Therefore, workers should not assume that finding a new company automatically means they can immediately begin working for that company.

5. WHAT IF YOU WANT TO CHANGE EMPLOYERS AFTER BECOMING A SPECIFIED SKILLED WORKER?

Specified Skilled Worker status operates differently from the Technical Intern Training Programme.

According to the official Specified Skilled Worker information portal, people holding Specified Skilled Worker status may change employers under certain conditions. For example, changing to another employer within the same occupational field must be carried out in accordance with the relevant procedures.

This demonstrates why workers need to clearly distinguish between:

Technical Intern Training ≠ Specified Skilled Worker.

Each Status of Residence has its own purpose, requirements and permitted activities.

6. WHAT SHOULD YOU DO IF YOU ARE NOT YET ELIGIBLE FOR A CHANGE OF STATUS?

This is a situation in which workers need to be particularly careful.

If you are not yet eligible to change to another Status of Residence, you should not simply continue working or remain in Japan because you want to wait until you find another job.

ISA has specific rules and procedures for certain situations in which foreign nationals experience difficulties continuing activities under their current Status of Residence or are in the process of changing their status.

Therefore, if you have not yet determined your next step, you should contact the relevant immigration authority or an official support organisation to confirm your situation.

7. THE END OF YOUR EMPLOYMENT CONTRACT ALSO INVOLVES LABOUR RIGHTS

When preparing to finish an employment contract, workers should not focus only on their visa or Status of Residence.

Japan’s Ministry of Health, Labour and Welfare (MHLW) has regulations covering employment contracts, wages, working hours, paid leave and the termination of employment.

MHLW guidance for foreign workers states that employers must clearly communicate employment conditions, including the contract period, workplace, job duties, working hours, wages and other relevant conditions.

For fixed-term employment contracts, Japanese labour law also contains specific provisions concerning early termination and non-renewal.

Therefore, before leaving the company, workers should carefully check all documents and entitlements relating to their employment.

8. WHERE CAN YOU SEEK SUPPORT IF YOU DO NOT CONTINUE WORKING?

If your employment ends and you need to look for another job, Hello Work is one of Japan’s official employment support services.

MHLW states that Hello Work can assist foreign nationals with job searches and employment referrals. It can also provide information on unemployment insurance benefits for workers who leave employment, provided they meet the relevant requirements.

MHLW also operates labour consultation services for foreign workers. Depending on the issue, workers can seek assistance from local labour authorities, Labour Standards Inspection Offices or Hello Work.

9. VIETNAMESE WORKERS CAN ALSO SEEK SUPPORT FROM THE EMBASSY OF VIETNAM IN JAPAN

Vietnamese citizens living and working in Japan can seek information and support from the Embassy of Vietnam in Japan when they encounter difficulties relating to employment, residence or administrative procedures.

The Embassy has published information concerning the Vietnamese community in Japan, including guidance related to changing to Specified Skilled Worker status.

The Embassy has also published guidance on support for foreign workers in Japan whose employment has been terminated, demonstrating that workers can seek official support instead of attempting to resolve complicated situations without reliable information.

10. DO NOT CONFUSE “VISA” WITH “STATUS OF RESIDENCE”

Another common misunderstanding is using the word “visa” to refer to the entire right to stay in Japan.

In practice, when dealing with continued employment and residence in Japan, it is important to consider the Status of Residence and the authorised period of stay.

This is why, when an employment contract ends, workers should accurately check their legal status rather than relying solely on the expiry date shown on a document or information received from others.

For entry procedures, Japan’s Ministry of Foreign Affairs and Japanese diplomatic missions in Vietnam provide official information about visas. Procedures concerning Status of Residence, however, fall under the immigration administration system managed by ISA.

11. FIVE THINGS WORKERS SHOULD PREPARE BEFORE THEIR CONTRACT ENDS

To avoid being placed in a difficult situation, workers should prepare in advance:

First: Check the expiry dates of both the employment contract and the authorised period of stay.

Do not wait until the final days to check your documents.

Second: Clearly determine your next objective.

Do you intend to continue working in Japan or return to Vietnam? If you intend to stay, under which Status of Residence?

Third: If you wish to change to Specified Skilled Worker, check the requirements early.

In particular, determine the occupational field, skills and Japanese-language requirements, the accepting organisation and the documents required for the change of status.

Fourth: Complete all procedures relating to your current employment.

Check your wages, employment documents, insurance and other relevant entitlements before the employment relationship ends.

Fifth: Do not remain or work in Japan without first confirming your legal status.

If you are uncertain about your right to stay or work, consult the competent authority before continuing.

12. THE MOST IMPORTANT POINT: LEGAL RESIDENCE STARTS WITH IDENTIFYING THE CORRECT STATUS OF RESIDENCE

Japan continues to develop its policies concerning the acceptance and training of foreign human resources. ISA has published information on the new Training and Employment System (育成就労制度) while continuing to operate the Specified Skilled Worker system.

For Vietnamese workers, the important point is not to find a way to “stay in Japan at all costs”, but to identify the appropriate legal pathway based on their qualifications, occupational field and individual circumstances.

A person who has completed Technical Intern Training may have an opportunity to continue working in Japan under the Specified Skilled Worker system if they meet the relevant requirements. However, if they do not meet the necessary conditions, continuing to work or reside in Japan without proper authorisation may result in serious legal consequences.

Therefore, start preparing for your next step before your employment contract ends, rather than waiting until your current programme or Status of Residence has expired.

IMPORTANT NOTICE

Rules concerning Status of Residence, change-of-status requirements and programmes for accepting foreign workers may be revised from time to time. Workers should check the latest information directly with the Immigration Services Agency of Japan (ISA), the Ministry of Health, Labour and Welfare (MHLW), the Embassy of Vietnam in Japan and other competent authorities before taking any action.

This article is provided for general information and does not replace legal advice or decisions made by the competent Japanese authorities.

CONTACT INFORMATION

SONG DA TOHOKU JOINT STOCK COMPANY

Address: L02-L01, Area A, Duong Noi Urban Area, Duong Noi Ward, Hanoi, Vietnam

Hotline: 0989044852

Email: tohokusongda2014@gmail.com

Website: https://tohoku.vn