Guidance on Retrieving the Security Deposit for Enterprises Sending Workers Abroad

Retrieving the Security Deposit for Enterprises Sending Workers Abroad is a crucial procedure for businesses after terminating operations or meeting full legal requirements. The security deposit ensures the enterprise’s responsibility towards workers and the State during operations. This article clarifies the conditions, dossier, and procedures for enterprises to legally retrieve this deposit.

Requirements and conditions for receiving back the deposit of businesses operating in the service of sending workers abroad.

Enterprises must strictly comply with the Law on Contract-Based Vietnamese Workers Working Abroad and relevant guidelines. According to Point l, Subsection 1, Section A, Part II of the Appendix issued with Decision No. 640/QD-BNV, withdrawal is approved only when the enterprise proves it has terminated service operations or completed related responsibilities. Specifically:

1. License Return/Revocation: The enterprise has fulfilled all obligations in the service of sending workers abroad after returning the License or having the License revoked, and has fully contributed to the Overseas Employment Support Fund.
2. Branch Termination: The service enterprise terminates the assignment of service activities to a branch, or the branch terminates its operations.

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The competent authority is responsible for returning the deposit money of businesses operating in the service of sending people to work abroad.

According to Point g, Subsection 1, Section A, Part II of the Appendix issued with Decision No. 640/QD-BNV, the Ministry of Home Affairs is the authority responsible for receiving and processing requests to retrieve security deposits under the latest 2025 regulations.

Based on Decree No. 128/2025/ND-CP, the Ministry of Home Affairs directly handles reports related to service enterprise deposits, appraises the authenticity of dossiers, and verifies the completion of the enterprise’s obligations.

Required Dossier for requesting a refund of the security deposit for a service business.

The dossier must be prepared according to Point c, Subsection 1, Section A, Part II of the Appendix issued with Decision 640/QD-BNV (2025), including:

1. For License Return/Revocation cases:
   • A report accompanied by documents proving the completion of obligations prescribed in Clause 1, Article 27 of the Law on Contract-Based Vietnamese Workers Working Abroad (including: continuing obligations under labor supply contracts and contracts sending workers abroad for workers who have already exited).
   • Proof of full contribution to the Overseas Employment Support Fund.
2. For Branch Termination cases:
   • A report on the termination of assignment to the branch or the termination of the branch’s operations.

Procedures for businesses providing overseas employment services to receive back their security deposits.

The procedure follows the timeline and steps at the Ministry of Home Affairs, per Decision No. 640/QD-BNV (2025):

Step 1: Submission and Processing

• The enterprise prepares 01 complete dossier set and submits it to the Ministry of Home Affairs.
• Method: Direct submission at the agency headquarters or via guaranteed postal service.
• Process: The receiving unit checks the document list. If complete, the Ministry appraises the content. If incomplete, the enterprise is requested to amend or supplement.

Step 2: Review and Decision

• Within the prescribed time limit, the Ministry of Home Affairs issues a written document requesting the bank holding the deposit to refund the security deposit to the enterprise.
• If refused, the Ministry provides a written reply stating the reasons

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Long Phan Consulting provides consulting services on procedures for recovering deposit funds for businesses operating in the service sector.

Long Phan Consulting Company provides comprehensive solutions to support enterprises in retrieving security deposits quickly and lawfully:

• Review: Assessing the enterprise’s status against legal regulations; checking for errors in documents; advising on conditions regarding contract liquidation and Fund obligations.
• Drafting: Drafting the Explanatory Report according to regulations; standardizing supporting documents (liquidation minutes, financial confirmation).
• Representation: Representing the enterprise to work with the Ministry of Home Affairs; monitoring progress; handling explanations; coordinating with the bank for disbursement.

Frequently Asked Questions regarding the procedure for receiving back the deposit of a business operating in the service of sending workers abroad.

Below are some frequently asked questions regarding the process of recovering deposit money for businesses providing overseas employment services. Please refer to them:

Is there a state fee for this procedure?

No. Current laws do not prescribe an administrative fee for the procedure of retrieving security deposits for these enterprises. (Legal Basis: Point i, Subsection 1, Section A, Part II, Decision 640/QD-BNV).

What is the time limit for the Ministry to issue the refund request?

• 15 days from receiving a valid dossier for enterprises returning/revoked Licenses.
• 05 working days from receiving a valid dossier for branch termination cases. (Legal Basis: Point d, Subsection 1, Section A, Part II, Decision 640/QD-BNV).

Can a business with a revoked license get the deposit back immediately?

No. It must first complete all obligations under contracts sending workers abroad and resolve financial issues related to workers and the Overseas Employment Support Fund. Refund occurs only when there are no outstanding debts. (Legal Basis: Clause 1, Article 27, Law on Contract-Based Vietnamese Workers Working Abroad).

Can I submit the request online?

Currently, the prescribed methods are direct submission or via postal service. There is no specific regulation for full online submission for this procedure yet. (Legal Basis: Point b, Subsection 1, Section A, Part II, Decision 640/QD-BNV).

Can the bank refund the money upon seeing the returned license?

No. Commercial banks can only refund the deposit upon receiving an official written request from the Ministry of Home Affairs. Unilateral release of funds without state agency opinion is a violation. (Legal Basis: Point a, Subsection 1, Section A, Part II, Decision 640/QD-BNV).

Conclusion

Correctly following the Guidance on Retrieving Security Deposit helps enterprises recover legal capital. If you need in-depth support on legal sequences or drafting dossiers according to the latest 2025 regulations, please contact Long Phan Consulting Company via Hotline  1900636389 We are ready to accompany and resolve your legal issues.