Policy and recommendation on administrative management of foreign labor bases for capability building of domestic labor

Administrative management of foreign labors how to effectively, while enhancing the capacity of domestic labor is the topic that interest disertation.. Specifically, in the disertation,

SUMMATION DISERTATION BY NGUYEN THI TUYET VAN

PREFACE

Administrative management of foreign labors in Vietnam is not new topics, but

it is always topical Administrative management of foreign labors how to effectively, while enhancing the capacity of domestic labor is the topic that interest disertation In this disertation, the author analyzes the legal status administrative management of foreign labors, the actual use of foreign labors, and the authors also survey to find out more about the inadequacies of policy, law to make recommendations as appropriate Specifically, in the disertation, the author has given data of foreign labors working in Vietnam and analysis of the current legislation on labor contracts for foreign labors, employment conditions use, recruitment procedures, workplace safety, compensation for foreign labors Thus, the policies and regulations on foreign labor management basically refer deeper, wider Of course, if the regulations on foreign labors is strict it will enhance the capacity of domestic labor Finally, the authors make conclusions and recommendations of the special products specifically with the Draft Law on foreign labors

Thus, the title of “Policy and Recommendations on Administrative Management

of Foreign Labor: Bases for capability building of domestic labor” is chosen to study

The structure of dissertation includes 5 chapters

CHAPTER I: INTRODUCTION

1.1 BACKGROUND OF STUDY

In today of international integration today, labors from one country to work for other countries are indispensable situation Vietnam as well as many other countries around the world, the reception of foreign laborers working in Vietnam country was inevitable On othe hand, the open-door policy to attract foreign investment into Vietnam and the economic development in the country, foreigners entering Vietnam to work for enterprises and organizations of all economic sectors is inevitable In fact, many enterprises and organizations are wishing to recruit foreign labors They are enterprises of all economic sectors, politic and social organization of Vietnam and and the contractor is an organization of Vietnam or foreign contractors in Vietnam, business organizations and services under the State administrative agencies, armed forces, Assembly Office of foreign and branches of foreign companies, representative offices of economic organization, trade, finance, banking, insurance, science and technology, culture, sports, education, health; the business units of the state project office of foreign

or international in Vietnam, foreign law firm licensed to operate in Vietnam and the cooperative

On the basis of research policy practice, the provisions of the law on administration management of foreign labors, the disertation provides some recommendations for policy and regulations on administration management of labor foreign: Bases for capability building of domestic labor

Disertation shall be drafting the Act on foreign labors This draft is built on the basis of the evaluation of system policies and current legislation on the administrative management of foreign labors, domestic labor capacity and survey of authors in 13 provinces / cities city in Vietnam

1.2 STATEMENT OF THE PROBLEM

To implement this study, the author shall answer the following questions:

1 What are the policies/regulations of Vietnam on administrative management

of foreign labors?

2 What are the reasons led to enterprises of hiring foreign labors?

3 What policy/regulation should be reasonable to effectively administrative management of foreign labors?

4 Which of the government policy/regulation that unreasonable to recomends

on the administrative management of foreign labor?

1.3 SIGNIFICANCE OF THE STUDY

This study has is usful for the following objects

- For the State:

The results of disertation is the basis for the State (policy makers, agencies of State management of foreign labors) to review and consider the issuance of policies, law

in the future Since it then contribute to the effective administrative management of foreign labors in enterprises and organizations in Vietnam

- For employers and foreign labors:

The disertation research will contribute to improve the rights and obligations of the two subjects in the labor relation In particularlly, the rights and obligations of foreign labors will be completed towards harmonization with domestic labor for useful

of foreign labors and building capacity for domestic labor

- For researchers:

The results of the disertation are used as references in research, teaching

concern administrative management of foreign labors in particular higher education, postgraduate and use this as documentation study for staff working in administrative management agencies, it also contributes to providing justifications refer to civil

servants working in State management on foreign labors

1.4 SCOPE AND LIMITATION OF THE STUDY

- Research theory: The policies and regulations of Vietnam on the administration

of foreign employees working in Vietnam

- Research survey: 13 provinces / cities in Vietnam

- Objects Survey: Office labor, the employers and foreign labors

- The disertation is not research of Vietnamese labor working for a period abroad; foreign labors working illegally in Vietnam

CHAPTER II: REVIEW OF RELATED LITERATURE AND STUDIES

2.1 REVIEW OF RELATED STUDIES

After studying the domestic material and abroad material related to the topic of disertation drawn some brief conclusions are as follows:

Foreign labors are aware in some countries, including Vietnam The country has regulations to manage foreign labors

Foreign labor studied under different aspects:

- Labour migration in international law and Vietnam

- Problems can move laborer in international economic integration

- Social Insurance for foreign labors working in Vietnam

- State management of foreign labors in Vietnam

- Strengthening the management foreign labors

- Policy for migrant labors

Could be shown that, the problem foreign labor are interested in research

national and international

No specialized research administration management for foreign labor: Bases for capability building for domestic labor

Vietnam is a country with rich human resources, however, some sectors still need foreign labors with qualifications that Vietnam's labor did not meet The

management and use foreign labors how to ensure capacity building for domestic labor should take account of specific policies

2.2 THEORETICAL FRAMEWORK

In this part, the author presents theories related to:

- Administrative management of foreign labors;

- Foreign labors;

- The employer;

- Content of administrative management for foreign labors;

- These policies/ regulations on administrative management of foreign labors: Recruitment, labor contracts, compensation, duration, labor safety – labor sanitation

- The main reasons to hire foreign labors in Vietnam

- The results and limitations in the administrative management of foreign labors working in Vietnam

2.3 CONCEPTUAL FRAMEWORK

From the above theory, the disertation proposed the following conceptual framework, as follow:

Reasonable policy/law

Unreasonable policy/law

Policy/law

13

provinces/

cities

Government:

- Policy/law on foreign labor

- Policy/law need to renew

- Good policy/law

Employer Reasons the

hiring of

foreign labor

Foreign labor Reasons the hiring of

foreign labor

Policy/law

Recruitment

Contract

Compensation

Duration

Safety and protection

CHƯƠNG III METHODOLOGY

3.1 Methods of collecting secondary data

Method of collecting secondary data is made as follows:

1 Review essay thesis, reports, scientific papers if they are relevant to the topic of labor relation

2 Check the Table of Content, select the relevant items to read

3 Scan/skim the relevant parts to choose the appropriate information

4 Systematize the collected relevant information After systematizing, the information is ready to be used in the Dissertation

3.2 Methods of collecting primary data

Primary information was collected from a survey of 13 provinces/ cities in Vietnam

In order to get the primary information, the survey plan has to be made

The survey plan consists of the following content:

1) Objective of the survey

2) Who are the respondents

3) How many respondents are needed?

4) How do we select the respondent?

5) Questionnaire and the contents of the survey?

6) What should be the appropriate time to conduct the survey?

7) Who are the interviewers? How to train them to conduct the survey?

8) How to collect, evaluate the questionnaire, code the information, entry the data

to worksheets, ready for processing?

7 Quang Nam

Table: The provinces/ cities within the scope survey of the dissertation

There are three kind of interviewee in this study

The first object is the labor sector staff This kind of interviewee was surveyed about policies, regulations on administrative management of foreign labors and their desire to have policies and regulations more reasonable in the future, especially is desirable for the issuance of the Act on foreign labor

Second kind of interviewer is enterprises that use foreign labors This kind of interviewer was surveyed about policies, regulations on administration of foreign labors under their authority and their desire for the policy in the future, especially desirable promulgating the Act on foreign labor

The third kind of interviewee is foreign labors This kind of interviewer was collected information about the policies and regulations for them and their suggestions for improving the administrative procedures related to foreign labors, particularly

desirable for the issuance of the Act on foreign labor

The scope and application of the research in this disertation, the author choose the sample sizes are as follows:

Research Tools

Research tools are questionnaires The questionnaire for the respondents to focus

on the following major contents

- General characteristics of foreign labors working in Vietnam

- The foreign labors needs to manage it profile

- The information that foreign labors must register

- The form of administration for foreign labors

- The difficulties for enterprise/ organizations to implement regulations on recruiting foreign labors

- Understanding of foreign labors in the policies and regulations of Vietnam for them

- The channel to convey information to foreign labors

- The period of the labor licensefor foreign labors working under labor

contracts

- Comments on the issuance of the Law on foreign labors

The process of data collection

After completion of all preparations (received final approval of the TNU SLSU and research outline approval of the Adviser for questionnaire content), the authors sent questionnaires for the labor sector officials, enterprises that use foreign labor

On the basis of the data collected, the authors have selected provinces / cities to ensure the survey elements: foreign labors are working, all over in Vietnam

The questionnaire sent to the respondents was transferred by express after objects completed the survey questionnaire and send answers back to the authors disertation aforementioned manner

CHƯƠNG IV

Based on the survey results obtained, the authors present, analyze and interpret data to focus on the following content:

1 Objects of surveys are foreign labors

- General characteristics of foreign labors working in Vietnam

The survey results showed that:

- The majority of foreign labors are male working in Vietnam (up 78.25%) and

at age of 30 to 40 at the most (45.75%), next at ages 20 to 30 accounted for 24.25%, aged of 50 and older are accounted for less than 10% The youngest one is 22 years old and the oldest one was 60 years old

- Regarding the occupation of foreign labors before working in Vietnam the show: more than 51% is befow bacharlor level to management, and only 35% as technical expertise When asked about the reasons for hiring foreign labors without university degrees, the employer told the object this skilled and well experienced work

so they hired technical experts as so effective was not paid high salaries who have university degrees

- The mainly legal documents on foreign labors

82.5% of respondents know the Labor Code, whereas only about 40% of them know In particular, the number of people interested in the draft Decree detailing the implementation of a number of articles of the Labor Code on employment of foreigners working in Vietnam is very small, accounting for only 12.25% This suggests that foreign labors mostly just interested in the Labor Code - documents the highest legal value, not attention to the guidelines of the law enforcement Meanwhile, the Labor

Code of the nature of framework legal, to better understand the provisions of the Code need to pay more attention to the decrees and circulars

The fact that there are differences of interest to the legal documents about administrative management of foreign labors with qualified of workers The foreign labors have qualifications higher the attention and understanding of the code, decrees and circulars better

- The comments of respondents on the administrative management for foreign labor through labors license

More than 51% of foreign labors thịnk should be issued labor license for all foreign labors without taking into account the time to work Only less than half the number of respondents think that just need to issue labor license for foreign labors who are working more than 3 months or more than 12 months In our opinion this is the legitimate aspirations of the workers desire to be licensed regardless of their working time long - term or short -term This is also consistent with the will of the manage authorities of foreign labors to to strict manage labor, eliminate of illegal labor

- Comment of respondents if it should proposed a specific Act on foreign labors When is asked if it is necessary to propose a specific the Act on foreign labors, more than 91.75% of interviewed foreign labors said as "necessary", 7.75% just said as

“unnecessary” and 0.25% did not answer the skeptics The results showed that most foreign labors are desirable for their own laws This is explained, the object of foreign labors have unique characteristics compared to domestic labor should be required to have adequate laws to regulate In addition, the current Labor Code only 8 article about foreign labors, regulations specific guidance in the decrees and circulars Meanwhile foreign labors mostly interested in the Code, less concerned with decrees and circulars

2 Objects of surveys are labor sector officers and employers

The majority of respondents (86.81% labor sector staff and 83.08% employers) agree with management all foreign labors Less than 20% of the respondents comments that only labor management professional qualifications labor

Results are quite consistent with the reality of Vietnam today on the situation of foreign labors This can be explained because the state policy of Vietnam is the

recruitment of foreign labors have professional qualifications, technical labor that Vietnam did not meet the job, in fact, still unskilled workers to work in Vietnam, while Vietnam workers with unemployment still notable numbers: urban: 3.30% rural: 1.42% Thus, tightening the management of foreign labors is inevitable, even to take measures regular inspection and irregular inspection for all businesses / organizations that use

foreign labors to strict implementation of the provisions of law, to ensure the interests of domestic labor

- The information of foreign labors to register

From 72.31% to 95.38% of the employers and from 87.91% to 97.80% of the labor sector staff polled said that need to manage all the information: Full name, date of birth, place of residence, passport number, technical expertise, the employment, work location Also some ideas that need some additional management information such as marital status and family time are expected to work in Vietnam Some other countries are also interested in receiving marital status of foreign labors

- Appropriate forms to manage foreign labors

Under the 4 forms of management of foreign labors that the author mentioned in the questionnaires, application of labor card has 81.32% of the labor sector staff

comments and 70.77 of the employer comments that: Labor card is most appropriate in Vietnam today This can be explained because, as Vietnam does not have full database

of labor market, foreign labors, the labor card as a "labor passport" Aim to effectively manage foreign labors and employers to quickly identify complete information about the foreign labors

- The difficulties for enterprises / organizations on the implementation of the recruitment provisions to foreign labors

With the rate above 50% on the opinions of employers and 63% in the opinion

of labor sector staff answer that told to the difficulties of cumbersome procedures, waste, long time too hard for enterprises or their organizations in the recruitment of foreign labors Only 21.54% in the opinions of employers and 28.57% of labor sector staff said that no difficulty The rest are no comments

The same with the reform of administrative procedures in the labor sector, such

as registration of the wage scale, payroll, collective agreements and even some management procedures of foreign labors has gradually improved However, the state authorities continued research to improve some procedures, such as shortening the time for issuing of labor license, preparing the conditions for granting labor license to foreigners through internet

- Additional provisions of the law on sectors that is not allowed to employ of the place and work banned the use of foreign labors

In this regard there are nearly 88% of employers and nearly 87% of labor sector staff said that is necessary the need to supplement the provisions of the law on restricted sectors that is not allowed to use of foreign labors These issues are essential to the