Tóm tắt tiếng anh: Corporate social responsibility in guarantee human right in Vietnam currently.

Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYỄN DIỆU LINH CORPORATE SOCIAL RESPONSIBILITY IN GUARANTEE OF HUMAN RIGHT IN VIETNAM CURRENTLY Major: Constitutional and Administrative Law Code: 9.38.01.02 ABSTRACT OF DOCTORIAL THESIS OF LAWS HÀ NỘI - 2021 The work is completed at GRADUATE ACADEMY SOCIAL SCIENCES Supervisor: Assoc Prof PhD Trần Thị Thuý Lâm Referee 1: Prof PhD Pham Hong Thai Referee 2: Assoc Prof PhD Le Thi Huong Referee 3: Assoc Prof PhD Nguyen Minh Man The thesis is protected at Academy Board of Examination at Graduate Academy of Social Sciences – Vietnam Academy of Social Sciences At: hour date month year 202 The thesis can be found at: - Vietnam National Library - Library of Graduate Academy of Social Sciences INTRODUCTION The necessity of the thesis Currently, corporate social responsibility is a field of attracting much concern from researchers, social activists and managers Thus, in the fact, appearing much phenomena related to negative images of corporate in operation, from information of dirty food, tons of died fish were transported to the south to make sauce, coaches with full of dirty meat to sell in restaurants, shops of processing cooked food, etc… to untreated waste from factories cause pollution, violation of labor, labor safety, illegal use of teenage and children labor, etc…Whether these shall keep taking place, if enterprises and companies are aware of their responsibility and role to society, community and each customer using their service? However, corporate social responsibility is not really taken a concern in Vietnam, both point of view, content and way of working out Almost enterprises of Vietnam is not fully aware of corporate social responsibility as well as role to improvement of competition capacity and sustainable development, even some considers corporate social responsibility to be the cost burden So, it is necessary to create full awareness of corporate social responsibility, especially when it relates to human right to make propaganda, public about corporate social responsibility stronger with larger scope and object Corporate social responsibility in ensuring human right related to awareness and action of enterprise, both role and responsibility of government By government, it is necessary to have supervision, management to solve violation on human right caused by enterprise Accordingly, there must make analysis of role, responsibility of government, recognize clearly the role of enterprise to promote the guarantee of human right at maximum Enterprises and related parties need to be positively aware of corporate social responsibility, especially in the circumstance of larger and deeper integration Together with constant development of translational, multinational corporations, operation of these corporations has been crossed over management border of nation Out of positive role in international economy and bringing socio – economy benefit for countries that those corporates are operating, process of doing business of those corporates also arises negative matters as encouraging dumping, indirectly violating labor standard, and exploring natural resources in developing countries… Besides, due to own character of business activities of corporates taking place in many different countries, it leads to illegal conflict, or legal standard of nations that subsidiaries are operating without guarantee of human right Thus, the role of corporate social responsibility, legal nature and tools of corporate social responsibility can become an important frame to ensure human right in international and domestic law Simultaneously, corporate social responsibility is also a door to access domestic enterprises to integrate into international and contributes to improve position of competition, brings benefit and sustainable development for enterprises So it is necessary to research legal side of corporate social responsibility and mechanism to guarantee human right; understanding sanction, measurement to recover and compensate violation of human right caused by enterprises Above circumstance and requirement push to make clear theoretical side of corporate social responsibility, assess overall reality of operation and impact of business process of corporate to human right, determine limit, inconvenience and propose innovation in awareness as well as legal mechanism about corporate social responsibility in our country currently is necessary matter not only scientific meaning but also important reality meaning That’s the reason for me to choose the title “Corporate social responsibility in guarantee human right in Vietnam currently” to research in the scale of doctorial thesis of jurisprudence Purpose and duty of research 2.1 Purpose of doing research The thesis has overall purpose of building scientific foundation for solutions to complete legal basis to strengthen corporate social responsibility in guarantee human right in Vietnam currently 2.2 Duty of research Firstly, doing research to make clear theoretical sides related to concept, features and role of corporate social responsibility in guarantee human right Secondly, doing research to make clear content, target of recognizing corporate social responsibility in guarantee human right Thus, determining legal frame to adjust corporate social responsibility in guarantee human right Thirdly, making analysis, assessing the status of corporate social responsibility in guarantee human right in Vietnam, in which the highlight is legal status and legal implementation on corporate social responsibility in guarantee human right in Vietnam currently Fourthly, building orientation and making proposal of solutions to improve corporate social responsibility in guarantee human right in Vietnam, in which it is especially paying attention to solutions of completing law and improving effectiveness of implementing law about corporate social responsibility in guarantee human right 3.1 Object of doing research - Scientific point of view related to corporate social responsibility, human right, corporate social responsibility in guarantee human right; - Systematizing legal regulations of Vietnam related to corporate social responsibility in guarantee human right belonging to two fields: labor and environment; - The status of implementing corporate social responsibility in Vietnam in guarantee human right in two field: Labor and environment; - International law and reality of implementing corporate social responsibility in some countries in the world 3.2 Scope of research The thesis “corporate social responsibility in guarantee of human right in Vietnam currently” approaching research from legal science, Constitutional Law and Administrative Law, thus, on the basis of making clear basically theoretical sides about corporate social responsibility, the thesis focuses on doing research theoretical matters and reality related to adjust law on corporate social responsibility in guarantee of human right in Vietnam currently Fields choosen to assess the status of corporate social responsibility in guarantee of human right in Vietnam including labor and environment with human right directly related to manufacture, business of enterprise, under strong impact from corporate social responsibility Other fields and corporate social responsibility in guarantee of other rights shall be mentioned at overview level, upon comparision to make clear content of major research of the thesis Methodology and method of research 4.1 Methodology The thesis is implemented by methodology of Marxism – Leninism; Hochiminh ideology about government and law and responsibility of production and business faculties; path, policy of the Party and Government of Vietnam about developing country, role and corporate social responsibility in guarantee of human right during current period Theoretical basis of the thesis is doctrines of national administration, common benefit, development economy, human right, etc… The thesis approaches the research from legal science view, simultaneously uses way of approaching based on right 4.2 Research method Analysis method is used when assessing, commenting doctrines, legal regulations, reality of applying law about corporate social responsibility in our country currently in relation and contact with human right Method of summarizing is used during assessment to take overview conclusion, points of view, proposals and suggestions Method of comparison is used during making analysis, assessment about legality of corporate social responsibility in correlation with human right, trend of recognizing legality of corporate social responsibility of countries in the world to make clear common points, difference in law and state management about corporate social responsibility Method of analysing logic of norm is used during assessing the status, considering unification, discovering conflict in content of regulation about corporate social responsibility and guarantee of human right Method of exchanging with specialist is used during building proposal and policy (Code of Common Conduct) about corporate social responsibility in our country Method of interdisciplinary and multi - social science are used in entire of the thesis to make clear main relations between economic development and guarantee of human right New contribution of the Thesis Being special works about corporate social responsibility in guarantee of human right in Vietnam, the thesis has new major points as: - The thesis continues to develop awareness of corporate social responsibility, human right in relation with the existence and operation of enterprise, corporate social responsibility in guarantee of human right Concept and character of corporate social responsibility in guarantee of human right, content of legal adjustment related to duty of enterprise and government in enterprise management to guarantee human right, elements affected to corporate social responsibility in guarantee of human right are new theoretical aspects of the thesis - The thesis builds quite full picture about corporate social responsibility in guarantee of human right in Vietnam belonging to two main fields: labor and environment Pointing out good points and limits as well as cause of adjustment status and legal implementation of corporate social responsibility in guarantee of human right belonging to two above fields are new discovery and having important meaning of the thesis - The thesis also determines clearly orientations of implementing corporate social responsibility in guarantee of human right effectively, bringing long – term and sustainable benefit for enterprise and common development of entire society The thesis has proposed solutions, which are overall to actualize orientations New solutions are explained sharper with feasibility of important contribution to express overall purpose of the thesis Theoretical meaning and reality of the thesis Research result of the thesis contributes to make abundance legal system in legal science and human right science about responsibility of subjects in guarantee of human right, first is right of labor, human right with environment Research result of the thesis can be applied to build legislative plan and reality of government management, management and executive of enterprise in Vietnam currently The thesis can be used to referent document in researching and training jurisprudence and human right The thesis also can be referent document for anyone who take a concern to human right guarantee, role and ability of improving corporate social responsibility in guarantee of human right in Vietnam currently Conclusion of the Thesis Out of Introduction, Conclusion and List of referent document, the thesis has four chapters: Chapter 1: Overview of research of the title Chapter 2: Theoretical matters about corporate social responsibility in guarantee of human right Chapter 3: The status of corporate social responsibility in guarantee of human right in Vietnam Chapter 4: Orientation and solution of strengthening corporate social responsibility in guarantee of human right in Vietnam currently Chapter OVERVIEW OF RESEARCHING THE TITLE OF THE THESIS 1.1 Status of researching the title of the thesis 1.1.1 Status of researching theoretical matters of the thesis 1.1.1.1 Researching about concept and character of corporate social responsibility Term “Corporate Social Responsibility is known widely in many current fields According to general understanding, modern corporates have social responsibility exceeding their obligation to shareholder or investor in the corporate to establish a clear definition as discussed In spite of old concept, corporate social responsibility is still a new idea, difficult to master for authors and it is a concept of being easy to cause argument for corporate managers and related parties due to wide scope of definition and different way of using terms In Vietnam, researchers have mentioned to many different ways of understanding about corporate social responsibility but they have the same point as they consider corporate social responsibility not only for the sake of economic benefit but also forwarding to sustainable target of development, for the sake of community and society 1.1.1.2 Researching about international standards and national experience about corporate social responsibility in guarantee of human right Researching about international standards and national experience about corporate social responsibility in guarantee of human right is divided into three different groups: The first group includes document focusing on morality, philosophy, politic and law Quantity of research, point of view, document about these matters are very plentiful Due to this reason, the author just filter to use some typical works for this thesis as: Dworkin [58], Pogge [96], Mouffe [54] The second group includes document about corporate social responsibility in general and corporate social responsibility and human right The most typical is Ph.D Ruggie carried out in his term “Special representative of United Nations General Secretary about human right and transnational corporations and other business corporates”; Research document includes thousand of pages on web portal: www.humanrightsbusiness.org Third group related to corporate social responsibility, human right and national contact of Switzeland in Switzeland One small literature is worthy of being mentioned “CSR – From risk to value” by Öhrlings Price Water House Coopers and Studentlitteratur published in 2008 [87] 1.1.1.3 Research situation of national experience about corporate social responsibility in guarantee of human right Some research works focusing on making clear the role of union in guarantee of right of labor, in which of major paying attention to the impact of collective negotiation in labor relation However, these works less mentioned to the role of occupational social organization in reflecting wish of labor as well as supervising the implementation of labor right in operation of competent authorities and labor users 1.1.2 Research situation of corporate social responsibility in guarantee human right in Vietnam It can be said that Corporate social responsibility is a real and urgent matter that corporates in Vietnam need to carry out: Phạm Văn Đức, 2010, “Corporate social responsibility in Vietnam: Some matters and urgent reality”, Philosophy magazine, vol.7, Vietnam Chamber of Commerce and Industry VCCI… 1.1.3 Situation of researching proposal of solutions about corporate social responsibility in guarantee of human right Discussing about the relation to law of corporate social responsibility, some researchers as: Nina Boeger, Ra chel Murray, Charlotte Villiers define that corporate social responsibility is not only simple of “voluntary” but also relates to law and policy, in which including international commerce matters, human right, environmental law, corporate law [82, p.1] In Europe, corporate social responsibility factually has been under “soft law” and the importance of developing soft law of corporate social responsibility depends on the influence much more than behavior control of corporates In Vietnam, some authors have mentioned to the legality of corporate social responsibility and explained legal nature of corporate social responsibility Corporate social responsibility is not the law that is understood upon traditional meaning, but these “legal obligations” applying corporate social responsibility belong to content of other law: “soft law” This is not issued by competent authorities upon certain order and procedure, but it includes rules of conduct which are implemented upon soft and various methods 1.2 Comment about research situation related to the title of the thesis 1.2.1 Researched matters, the thesis can be or must be inherited Firstly, about theory, some research works about corporate social responsibility have solved some common theoretical matters about corporate social responsibility, mentioned some basic concepts, benefit and criteria of assessment Overall question of the thesis: Which does scientific basis prove for strengthening corporate social responsibility in guarantee of human right currently? In order to answer above overall question, the thesis has some specific questions: - It is necessary for us to understand how are concept, connotation, and inevitability of implementing corporate social responsibility in guarantee of human right? - Which contents does the law need to adjust related to corporate social responsibility in guarantee of human right? - Which advantages and limits the law and legal implementation in the field of important society and specification of expressing corporate social responsibility in guarantee of human right in Vietnam currently? Where is cause? - Which solution does it need to promote advantages, recover limits aiming at strengthening corporate social responsibility in guarantee of human right in some important fields and specification in Vietnam currently? CONCLUSION OF CHAPTER Content of chapter overviews basic contents of corporate social responsibility including: Firstly: making clear research about corporate social responsibility in domestic and foreign countries from different views and aspects; Secondly, pointing out points that the thesis can inherit, since giving out comments and find research gap to make important basis for constant research of teacher, completing theoretical system, making proposal of point of view and solution about corporate social responsibility in guarantee of human right in Vietnam currently 11 Chapter THEORETICAL MATTERS ABOUT CORPORATE SOCIAL RESPONSIBILITY IN GUARANTEE OF HUMAN RIGHT 2.1 Concept, character, role of corporate social responsibility in guarantee of human right 2.1.1 Concept of corporate social responsibility in guarantee of human right 2.1.1.1 Social responsibility Responsibility, in English is expressed under two equally synonymous terms: “responsibility” and “accountability” Social responsibility is category which is formed from responsible concept In English, phrasal social responsibility is expressed to be Social Responsibility 2.1.1.2 Corporate social responsibility At the most common, corporate social responsibility is the commitment of corporate contributing to sustainable economic development, via improving qualify of life for labor and members in their family; community and entire society upon way of bringing benefit for corporate as the development of society According to specialist of the World Bank, corporate social responsibility is understood to be “Commitment of corporate contributing to sustainable economic development via complying standards about environment protection, gender equality, labor safety, fair salary payment for labor, labor benefits, training and developing employees, developing community… upon way of bringing advantages for corporate as well as the common development of society” [104] Above aspects base on model of pyramid about corporate social responsibility of Archie Carroll and are used more widely the most According to theory of Caroll, these elements form model “pyramid” corporate social responsibility to duties lying under different levels and prior orders shall be implemented from bottom to top Accordingly, regardless of different questions about way of suitable action, corporate 12 social responsibility requests corporates to hold four types of duties and meet them upon orders: Economy, legality, morality and charity Picture Model of corporate social responsibility of Caroll Archie (1999) [51] 2.1.1.3 Corporate social responsibility in guarantee of human right Concept of human right Demand of guarantee of human right Subjects of implementing guarantee of human right a) Government b) Other subjects c) Corporate Concept about corporate social responsibility in guarantee of human right Corporate social responsibility in guarantee of human right is voluntary commitment and corporate duty about respecting human right of corporate, avoiding cause or contributing negative impacts to human right; finding way of preventing or reducing minimum disadvantageous impacts about human right directly or indirectly related to business activities to contribute for sustainable development of society, not only about economic benefits but also aspect of morality, legality and charity 13 2.1.2 Character of corporate social responsibility in guarantee of human right 2.1.2.1 Corporate social responsibility in guarantee of human right is a kind of positive and active responsibility 2.1.2.2 Corporate social responsibility in guarantee of human right aims at double targets: both guarantee of interest in production – business of corporate and promotion, guarantee of human rights in labor and consumption, developing sustainable society 2.1.2.3 Corporate social responsibility in guarantee of human right attached with two important groups of right and characteristics: labor and environment 2.1.2.4 Corporate social responsibility in guarantee of human right is both legality and morality 2.1.2.5 Corporate social responsibility in guarantee of human right belongs to type of corporate, both foreign and domestic corporates 2.1.3 Corporate social responsibility role in guarantee of human right 2.1.3.1 Corporate social responsibility in guarantee of human right contributes to actualize basic right of human 2.1.3.2 Corporate social responsibility in guarantee of human right contributes to recover social division, guarantee of social fair and promote good morality value of society 2.1.3.3 Corporate social responsibility in guarantee of human right contributes to the order of economic relationship, recover unfair competition in activity of corporates, bring sustainable economic benefits for corporates 2.1.3.4 Corporate social responsibility in guarantee of human right contributes to comply national law and international standards, meet the requirement of integration and harmonize the law 2.2 Target of assessing corporate social responsibility in guarantee of human right Assessment target of implementing corporate social responsibility including two types: Standards quantitative and qualitative Assessment standard of implementing corporate social responsibility is determined basing on requirement of law, regulations in Conduct Code or Standard Code 14 of implementing corporate social responsibility that corporate applies and other requirement done by corporate These standards must attach with target, origin from target; attaching with usual signals; attaching with overall supervision and responsibility of person who carries out Being related to criteria of assessing corporate social responsibility, it seems to only have common unification about principle In the fact, there are many offices, organizations giving out their initiative about criteria of assessing corporate social responsibility in guarantee of human right 2.3 Adjusting law on corporate social responsibility in guarantee of human right 2.3.1 Content of adjusting law on corporate social responsibility in guarantee of human right Law on corporate social responsibility in guarantee of human right is collection of legal norms of adjusting foundation, organization and operation of corporate basing on defining corporate responsibility and management role of government to corporate in guarantee of human right, taking benefits of society and community to be main target Accordingly, legal frame of adjusting corporate social responsibility in guarantee of human right including matters attached with obligation of corporate to guarantee of human right from the date of joining and operating to the date of withdrawing out of market Basically, law needs to adjust below matters: 2.3.1.1 Scope and object of adjusting corporate social responsibility in guarantee of human right 2.3.1.2 Principles of implementing corporate social responsibility in guarantee of human right - Respecting human right - Respecting law - Respecting standard of international conduct 2.3.1.3 Right and obligation of corporate social responsibility in guarantee of human right Firstly, law of adjusting corporate social responsibility about human right in labor field 15 Secondly, law of adjusting corporate social responsibility about human right in environment 2.3.2 Form of adjusting law on corporate social responsibility in guarantee of human right Social relationships related to corporate social responsibility in guarantee of human right is very large, simultaneously; it is an extremely important law So, adjusting law on corporate social responsibility in guarantee of human right must be expressed under document with high codification and presented together with legal documents of many different law fields: labor law, law of environment protection, civil procedure law, civil criminal law, administrative law and administrative proceedings… Especially, equal to two fields of reflecting main impact of corporate activities to human right, adjusting law on corporate social responsibility in guarantee of human right must focus on field of labor law and environment law 2.4 Elements affecting to corporate social responsibility in guarantee of human right 2.4.1 Being aware of subjects, first of all is awareness of corporates 2.4.2 Complete of international law and national law 2.4.3 Socio – economic element CONCLUSION OF CHAPTER Corporate social responsibility in guarantee of human right has its own characters and roles About structure, corporate social responsibility in guarantee of human right includes many components but legal responsibility is more and more important So, adjusting law to corporate social responsibility in guarantee of human right becomes necessary demand in current world Model of adjusting law to corporate social responsibility in guarantee of human right in different countries with distinct depending on many elements However, basically legal frame of adjusting corporate social responsibility in guarantee of human right must include adjustment to scope and object of corporate social responsibility in guarantee of human right; principles of implementing corporate social responsibility in guarantee of human right; right and obligation of corporate in guarantee of human right; state management to 16 corporate social responsibility in guarantee of human right Legal adjustment must be presented under mixing in legal documents or issued separated documents but high legality and met requirements of overall, unification, synchronization in related legal system Effectiveness of implementing corporate social responsibility in guarantee of human right suffers from many elements, in which it is remarkable of elements related to awareness of subject, completion of international law and national law, qualification of developing economy and other social conditions Process of creating these elements is long process that each step brings impact of promoting effectiveness of implementing corporate social responsibility in guarantee of human right Chapter THE REALITY OF CORPORATE SOCIAL RESPONSIBILITY IN GUARANTEE OF HUMAN RIGHT IN VIETNAM TODAY 3.1 Legal reality and implementing law of cooperate social responsibility in guarantee of human right in the field of labor and environment in Vietnam currently 3.1.1 Legal reality and implementing law of cooperate social responsibility in guarantee of human right in the field of labor in Vietnam currently 3.1.1.1 Legal reality and implementing law of cooperate social responsibility in guarantee of human right in the field of labor in Vietnam currently 3.1.1.2 Legal reality and implementing law of cooperate social responsibility in guarantee of human right in the field of labor in Vietnam currently Although current law of Vietnam includes regulations about corporate social responsibility in guarantee of human right in labor field, and many regulations have been implemented strictly in the fact However, implementing many regulations is still inconvenient, limited as below: Firstly, limit in implementing corporate responsibility about equal treatment with labor force 17 Secondly, limit in implementing corporate responsibility about guarantee of free occupation of labor Thirdly, limit in implementing corporate responsibility about guaranteeing right of union for labor Fourthly, limit in implementing corporate responsibility about guaranteeing right of strike of labor 3.2 Legal reality and implementing law of cooperate social responsibility in guarantee of human right in the field of environment in Vietnam currently 3.2.1 Legal reality and implementing law of cooperate social responsibility in guarantee of human right in the field of environment in Vietnam currently Firstly, corporate social responsibility is need to guarantee about pollution prevention Secondly, using sustainable resource Thirdly, slight reduction and adaptability with climate change Fourthly, guaranteeing environment, diversifying biology and recovering natural environment 3.2.2 The reality of implementing law about corporate social responsibility in guarantee of human right in environment in Vietnam currently 3.3 General assessment about the reality and cause of limit in guarantee of human right in labor and environment in Vietnam currently 3.3.1 Cause of advantage 3.3.2 Cause of limit 3.3.2.1 General cause of limit in guarantee of human right in labor and environment in Vietnam currently Firstly: about corporate scale, over 95% corporates of Vietnam are medium and small enterprises So, ability of implementing law and standard about corporate social responsibility meets difficulty Normally, for small enterprises, standards about corporate social responsibility are more difficult on both ability of implementation and supervision, support and promotion of the government and other subjects 18 Secondly: corporate social responsibility is quite new in Vietnam, so many corporates are lack of information, meanwhile, organizations of labor users have not implemented well role of orientation and lead corporates in this matter Thirdly, content of conduct code of corporate basically is suitable with national law, however, during process of implementation meets some inconvenience Fourthly, consciousness and consciousness of protecting right of people is limited, role of trade associations, trade union, media, labor is not high, so some corporates violate seriously social responsibility but are not found out and prevented 3.3.2.2 Specific cause of limits in guarantee of human right in labor in Vietnam currently Firstly, limit in organizing labor inspection Secondly, limit in trade union organizations Thirdly, limit in procedure of consultancy, conversation at working place between labor and labor user Fourthly, limit in organizing collective bargain Fifthly, limit in claim procedure on labor CONCLUSION OF CHAPTER About corporate social responsibility has been quite well legalized into legal system of Vietnam and more and more completed, especially in fields of labor and environment But, compared to factual requirement, Vietnam law about these matters still has many gaps Many legal documents, regulations are overlapped, conflict and unsuitability but are amended slowly Supervision mechanism and violation treatment are not completed Meanwhile, consciousness of implementing voluntarily social responsibility of many corporates is limited These are causes of levels of implementing corporate social responsibility in guarantee of human right in general, rights about labor and environment in particular in our country are not high Chapter of the thesis has overviewed legal reality about corporate social responsibility in Vietnam, after that the thesis deeply analyzed legal frame and legal implementation about corporate social responsibility in two the 19 most important and largest fields are labor and environment These are factual bases for making proposal of point of view and solution of strengthening corporate social responsibility in guarantee of human right in our country in the next coming Chapter POINT OF VIEW AND SOLUTION OF STRENGTHENING CORPORATE SOCIAL RESPONSIBILITY IN GUARANTEE OF HUMAN RIGHT IN VIETNAM CURRENTLY 4.1 Point of view of strengthening corporate social responsibility in guarantee of human right in Vietnam currently 4.1.1 Strengthening corporate social responsibility in guarantee of human right in Vietnam currently needs to promote voluntary of corporate but pay attention to legal content 4.1.2 Strengthening corporate social responsibility in guarantee of human right in Vietnam currently needs to link with international standards and mechanisms about human right in business operation 4.1.3 Strengthening corporate social responsibility in guarantee of human right in Vietnam currently needs to link with improving voluntary of community protection as well as mechanism of solving claim, denounce of human right violation of corporates Violations of human right in doing business can directly or indirectly impact to personal right, community, so people have right to make claim, denounce when violated 4.1.4 Strengthening corporate social responsibility in guarantee of human right in Vietnam currently needs to link with completing mechanism of supervision, inspection Business operation of corporate with large scale but violating human right so is difficult to discover if not having mechanism of suitable supervision and inspection 20 4.2 Solution of strengthening corporate social responsibility in guarantee of human right in Vietnam currently 4.2.1 General solutions of strengthening corporate social responsibility in guarantee of human right in Vietnam currently 4.2.1.1 Completing legal frame about corporate social responsibility in guarantee of human right 4.2.1.2 Improving effectiveness, effectiveness of implementing law of corporate social responsibility in guarantee of human right 4.2.1.3 Encouraging, supporting construction corporates or applying conduct code to specify corporate social responsibility in guarantee of human right 4.2.1.4 Improving awareness, consciousness of subjects related to implementation of corporate social responsibility in guarantee of human right 4.2.1.5 Mixing the implementation of corporate social responsibility in guarantee of human right into building and implementing national strategies and programs in relation 4.2.1.6 Supporting institutions and operation of improving the implementation of corporate social responsibility in guarantee of Vietnam human right in international market 4.2.2 Some specific solutions to strengthen corporate social responsibility in guarantee of human right in fields of labor and environment in Vietnam currently 4.2.2.1 Some specific solutions to strengthen corporate social responsibility in guarantee of human right in labor field in Vietnam currently Firstly, solution of recovering limit in organizing labor inspection Secondly, solution of recovering limits in organizing trade union Thirdly, solution of recovering limits in procedure of consultancy, conversation at working place between labor user and labor force Fourthly, solution of recovering limits in organizing collective bargain Fifthly, solution of recovering limits in procedure of labor claim 4.2.2.2 Some specific solutions to strengthen corporate social 21 responsibility in guarantee of human right in environment field in Vietnam currently Firstly, solution of recovering limit in state management mechanism about environment protection Secondly, solution of recovering limit in regulation of waste dismission and waste treatment Thirdly, solution of recovering limit in regulation of inspection and supervision in environment protection Fourthly, solution of recovering limit in regulation of solving claim, denounce about legal violation on environemnt and right on environment of citizen CONCLUSION OF CHAPTER In Vietnam, implementing corporate social responsibility is still considered to be an action to solve social matters due to charitable and moral purposes Meanwhile, social responsibility in general must be understood to be way that one corporate reaches the balance or combines with requirements of economy, environment and society; And meets expects of shareholders and partners Ways that corporate interacts with shareholder, labor, supplier, government, non – government organizations, international organizations and other partners are always considered to be key point of concept corporate social responsibility Implementation of corporate social responsibility shall affirm its trademark in society So, companioning with the development of the country, it is not only the responsibility but also benefit for corporate, thus, creating humanity value, culture for corporate as well as improving ability of competition in the circumstance of deep integration into economic world 22 CONCLUSION Concept corporate social responsibility is fairly new in Vietnam, so, up to now, implementation is limited According to new research of World Bank in Vietnam, the barrier and challenge for implementing corporate social responsibility including: 1) Awareness of concept corporate social responsibility is limited; 2) Capacity is influenced when implementing at the same time many Codes of Conduct; 3) Lack of financial resource and technique to implement standards of corporate social responsibility (especially, for medium and small enterprises); 4) Mistake due to difference between regulation of corporate social responsibility and Labor Code; 5) Domestic regulations influence to implementation of COC More specific explain about some barriers, challenges as below: - First of all, understanding of corporate about corporate social responsibility is not enough Many corporates only understand as charity activity without understanding that implementation of corporate social responsibility must be expressed directly in overall activities of production and business of corporates So, there are many corporates, one side participate positively in moral, charitable activities but the other side, they still attract into unfair rotation of benefit upon way of around trade, snatch, taking advantage of gaps of mechanism, market policy issued by the Government to earn interests Taking advantage of trademark of others to produce fake, counterfeit and bad quality goods is popular in our country That is exclusive of big corporates, even some state corporations have not only taken advantage of state trademark, but also state budget (actually it is state capital occupation) to business, around business for goods are not their functions to divide benefit in internal when earning a huge of money, and state budget must suffer when lost… - Secondly, one barrier with disadvantageous impact to implement corporate social responsibility is that current corporates are lack of financial source and technique to implement standards of corporate social responsibility, especially for medium and small enterprises - Thirdly, legality of assessing the implementation of corporate social responsibility in our country currently is much limited and inconvenient In 23 the fact, in spite of regulating upon principles of Code of Conduct and other standards, as SA8000, WRAP, ISO 14000, GRI , these standards are not the agreements between governments or regulation of international conventions, they are constraints between imp- exporters or regulated by corporates, so they are lack of national legality and more and more lack of international legality Since then, if arising any violations, even any negligence or purpose come to sew each other, it is difficult to arbitrate 24 LIST OF PUBLISHED WORKS RELATED TO AUTHOR OF THE THESIS Nguyễn Diệu Linh (2017), Guarantee of human right by corporate social responsibility took in Vietnam: Chances and challenges of Vietnam when joining in ASEAN economic community, Magazine Social Science Human Resources, vol 11 Nguyễn Diệu Linh (2018), Assessing impact of human right in business activity of corporate, Magazine Democracy and Law, vol of December (321) Nguyễn Diệu Linh (2019), corporate social responsibility to occupation of disable people, Magazine Labor and Society, vol 609 ... recognizing corporate social responsibility in guarantee human right Thus, determining legal frame to adjust corporate social responsibility in guarantee human right Thirdly, making analysis, assessing... assessing corporate social responsibility in guarantee of human right 2.3 Adjusting law on corporate social responsibility in guarantee of human right 2.3.1 Content of adjusting law on corporate social. .. responsibility in guarantee of human right; principles of implementing corporate social responsibility in guarantee of human right; right and obligation of corporate in guarantee of human right; state