Reporting on Sending Workers Abroad by Winning Bidders and Contractors

Reporting on Sending Workers Abroad by Winning Bidders and Contractors (enterprises winning bids or contracting projects abroad) is a procedure to ensure that sending workers abroad complies with conditions, sequences, and authority. This procedure guarantees unified management, legal compliance, and the protection of workers’ legitimate rights.

Requirements and conditions for enterprises that have won bids or received contracts for overseas construction projects to send Vietnamese workers abroad.

According to Point g, Subsection 3, Section B, Part II of Decision No. 640/QD-BNV (2025) and Decree No. 128/2025/ND-CP:

• Authority: The Provincial-level People’s Committee where the enterprise is headquartered.
• Role: The Committee is responsible for receiving the report, appraising the plan, and issuing a written response. This decentralization enhances local supervision of the enterprise’s activities.

The competent authority handles the procedures for reporting the sending of Vietnamese workers abroad.

According to Point g, Subsection 3, Section B, Part II of Decision No. 640/QD-BNV (2025) and Decree No. 128/2025/ND-CP:

• Authority: The Provincial-level People’s Committee where the enterprise is headquartered.
• Role: The Committee is responsible for receiving the report, appraising the plan, and issuing a written response. This decentralization enhances local supervision of the enterprise’s activities.

The required documents for reporting the sending of Vietnamese workers abroad by enterprises that have won or received contracts for overseas construction projects.

Based on Point c, Subsection 3, Section B, Part II of Decision No. 640/QD-BNV (2025), the dossier includes:

1. Contract Copy: 01 copy of the contract for winning the bid or contracting the project abroad.
2. Labor Sending Plan: A detailed plan containing:
   • Management & Usage: Number of workers, gender, specific job, duration, working hours, rest hours, overtime, salary, working/living conditions, and healthcare.
   • Risk Management: Handling of labor accidents, occupational diseases, and other benefits/rights.
   • Repatriation: Plan to bring workers home in cases of natural disaster, epidemic, war, political instability, economic recession, emergency, or other force majeure reasons.

Procedures for reporting on sending Vietnamese workers abroad by enterprises that have won or received contracts for overseas projects and works.

The procedure follows strict timelines per Point a, Subsection 3, Section B, Part II of Decision No. 640/QD-BNV (2025):

Step 1: Report Submission The enterprise must report the plan to the Provincial People’s Committee at least 20 days before the date of sending workers abroad, attaching the copy of the winning bid/contract.

Step 2: Review and Decision Within 05 working days of receiving the plan, the Provincial People’s Committee responds in writing to the enterprise and notifies the Ministry of Home Affairs.

• Refusal: The written response must clearly state the reason.

Step 3: Information Update Within 05 working days from the date the workers exit the country, the enterprise must update worker information on the Database System on Vietnamese Workers Working Abroad under Contract.

>>> See more at: Reporting on Sending Vietnamese Workers Abroad by Overseas Investors

Long Phan Consulting provides consulting services on reporting procedures for sending Vietnamese workers abroad.

Long Phan Consulting Company provides comprehensive legal solutions to support enterprises in this process:

• Legal Review: Assessing the legality of the overseas contract; reviewing labor contract terms to ensure compliance with Vietnamese and host country laws.
• Plan Construction: Drafting the Labor Sending Plan, including financial plans, risk management, insurance, and emergency evacuation plans.
• Representation: Representing the enterprise to submit the dossier, tracking progress, explaining issues to the authority, and receiving the result.
• Post-Approval Support: Advising on compliance obligations, including updating the National Database and periodic reporting.

Frequently Asked Questions Regarding Reports on Sending Vietnamese Workers Abroad by Businesses Winning or Receiving Contracts for Overseas Construction Projects

Below are some frequently asked questions regarding the reporting of Vietnamese workers going abroad for employment by businesses that have won or received contracts for overseas projects. Please refer to them:

What are the submission methods?

Enterprises can submit dossiers via: Direct submission at the agency, public postal service, or online (if the local portal supports it). (Legal Basis: Point b, Subsection 3, Section B, Part II, Decision 640/QD-BNV).

Is there a state fee?

No. Current regulations do not require a fee for this reporting procedure. (Legal Basis: Point i, Subsection 3, Section B, Part II, Decision 640/QD-BNV).

Can the enterprise hire new workers specifically for this project?

No. The enterprise can only send workers who are already working for the winning bidder/contractor. An existing labor relationship is required. (Legal Basis: Point l, Subsection 3, Section B, Part II, Decision 640/QD-BNV).

Is a report submitted less than 20 days prior accepted?

Not guaranteed. Regulations mandate reporting at least 20 days before sending workers. Late reporting may lead to non-approval or be considered a procedural violation. (Legal Basis: Point a, Subsection 3, Section B, Part II, Decision 640/QD-BNV).

What force majeure cases require a repatriation plan?

The plan must cover: Natural disasters, epidemics, war, political instability, economic recession, emergencies, and other force majeure reasons. (Legal Basis: Point c, Subsection 3, Section B, Part II, Decision 640/QD-BNV).

Conclusion

Strict compliance with the Reporting on Sending Workers Abroad by Winning Bidders procedure affirms the enterprise’s reputation and management capacity. Long Phan Consulting Company is ready to resolve legal issues and ensure a smooth process. Please contact Hotline 1900636389 for specialized advice.