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

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 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: What are the policies/regulations of Vietnam on administrative management of foreign labors? What are the reasons led to enterprises of hiring foreign labors? What policy/regulation should be reasonable to effectively administrative management of foreign labors? 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: Policy/law Government: - Policy/law on foreign labor - Policy/law need to renew - Good policy/law Recruitment Reasonable policy/law Contract 13 provinces/ cities Employer Reasons the hiring of foreign labor Compensation Duration Unreasonable policy/law Foreign labor Reasons the hiring of foreign labor Safety and protection Policy/law CHƯƠNG III METHODOLOGY 3.1 Methods of collecting secondary data Method of collecting secondary data is made as follows: Review essay thesis, reports, scientific papers if they are relevant to the topic of labor relation Check the Table of Content, select the relevant items to read Scan/skim the relevant parts to choose the appropriate information 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 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? Order Order Province/ city Province/ city Ha Noi Đa Nang Lang Son Ba Rịa – Vung Tau Ninh Binh 10 Binh Dương Quang Ninh 11 Ho Chi Minh city Nghe An 12 Đong Nai Thanh Hoa 13 Phu Thọ 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: Respondents Sample size Foreign labors 400 Labor sector staff 90 Enterprise 65 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 license for 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 PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA Based on the survey results obtained, the authors present, analyze and interpret data to focus on the following content: 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 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 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 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 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 10 ensuring security and politics of a national - The necessity to promulgate the Act on foreign labor 96.70% labor sector officer, and 95.38% of employers that is need to enact specific laws on foreign labor This represents the expectations of the stakeholders involved in the management of foreign labor in Vietnam are needed Act on foreign labor, this practice is consistent with the number of foreign laborers in working in Vietnam is increasing, managed objects have different characteristics that should not melding into other Acts CHƯƠNG V: FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 5.1 main Findings - The policies and regulations for the administration foreign labor mainly in the regulation of the system of labor law + Labor Code; + The decrees and circulars to implement the Labor Code - The main reason that Vietnam hiring foreign labor + Due to international integration; + The quality of human resources in Vietnam is still low, did not meet a number of positions, industries requiring professional qualifications and professional skills - Some provisions of the law were reasonable for the administration of foreign labor: The conditions set for foreign laborers working in Vietnam will continue to be regulated under the direction of high-level requirements, stricter regulations on personal conditions and tight and recruitment procedures to achieve the objective of taking advantage of labor-management level and advanced science and technology from foreign countries, and protection for domestic labor Regulation on the rights of foreigners working in Vietnam increasingly approach the principle of equality between domestic labor and foreign labor: Specific regulations, more rational about issues related to grant work permits, such as expanding the audience of foreigners working in Vietnam not need to apply for work permits granted to create favorable conditions for foreigners working in Vietnam in specific cases Assigned specific responsibility for the management agencies in the administration management of foreign laborers working in Vietnam 11 - Some provisions of the law were not unreasonable for the administrative management of foreign labor: Provisions of the law on procedures when recruiting foreign labor who are not as necessary Because, to recruit foreigners with higher qualification as specified in the laws of the State, recruitment agencies have conducted many different procedures in order to identify the main sources of recruitment determined Moreover, the law has not regulated by way of informing others may be more effective as notice on Intenet (Website, Blog ) Regulations for candidate registration dossiers (for employees working for organizations, enterprises in Vietnam in the form of labor contract) causes difficulties for the implementation of the enterprises/ organization Although the law stipulates the responsibilities of the ministries concerned in the administrative management of foreign labor as mentioned above However, so far there are still a number of ministries involved have not yet implemented guidelines such as the Ministry of Health has can not form and the instructions authorized certification for foreign labor Regulation on the rights of foreign laborers working in Vietnam has been improved by a more positive direction, but it is still undeniable manifestation of discrimination For example, the right of social insurance is not to joining trade unions and representatives to get enjoy full labor rights as same as domestic labor Besides, there are also no regulations on hiring foreign labor through required to public employment services organization and regulation of the list of jobs recruiting foreign labor 5.2 CONCLUSIONS AND RECOMMENDATIONS Vietnam should enact law on foreign labor - Regulations recruiment foreign labor recruitment continuously under the direction of hiring foreign labors is only have professional qualified, professional skills workers and experience in some sector a number of occupations that domestic workers are not qualified - Continuing to put the draft law on foreign workers have reasonable regulations on administration of foreign labor is applied 12 - To amend and supplement the regulations unreasonable and lacking in setting up of the Act on foreign labor, such as: + Law shall regulate the Internet is a public media popularization of the recruitment notice This provision helps both employers and employees save money and time for recruitment In future research it is needed to study, regulations towards empowering State agencies of Vietnam authorized to inspect testing and certificate of technical qualifications of foreign workers and to verify the accuracy of document required in the application issued page by foreign countries The Ministry of Health should quickly issue regulations guiding templates, content and agencies authorized health certificate for foreign laborers Ministry of Foreign Affairs manual procedure legalized the papers and documents necessary to use foreign labor legally in the territory of Vietnam It should be additional regulations and improve on enssuring for the rights of foreign labor during using Specifically, it provides that foreign labors are subject to apply social insurance applies Besides it is also necessary to continue studying the possibility of allowing foreign laborers to join Vietnam trade union in order to fully implement freedom right to join trade union rights of workers and ensure protection of equal treatment between domestic labor and foreign labor working in Vietnam It is need additional regulations to define terms used foreign labor when labor Vietnam workers can not meet qualification It can be applied the conditions it is specified in the direction of law that before hiring foreign labor enterprises, agencies, organizations and Vietnam is requested recruitment Vietnam on the job which is looking for foreign labor through public employment service center to the work In any case, the employment service center not meet the needs of enterprises then, the organization has the right to hire foreign workers It is additional procedures to notify to recruitment by a written confirmation of employment service centers This is confirmation in the basis of demonstrate enterprise through find and providing domestic labor before hiring foreign labor Regulations on the way to overcoming the formal notification procedures recruit foreign labor Additional regulations prohibit foreign labors some work and some areas that prohibit the use of foreign labor It should propose official forms of employment contract for foreign labors and public information on the labor market 13 Publications related to the disertation The new provisions of the Labor code in 2012 on collective labor agreements Journal of Labor and Unions, No 521, page Overview law on foreign labor to work in Vietnam Presentation at conference of China and South Korea Labor in Vietnam by University of Labor and Social affair, in December 2012 Legislative practice and recommendations on the management of foreign laborers working for enterprises and organizations in Vietnam 3rd Topic – Title "Some solutions to improve the efficiency of management Korean and Chinese laborers working in Vietnam," the Ministry of Labor - Invalids and Social Affairs, Vietnam Labor Law Manual and Question and Answer book on employment policy Labor - Social Publisher, Hanoi 2012 14 [...]... labor before hiring foreign labor Regulations on the way to overcoming the formal notification procedures recruit foreign labor Additional regulations prohibit foreign labors do some work and some areas that prohibit the use of foreign labor It should propose official forms of employment contract for foreign labors and public information on the labor market 13 Publications related to the disertation... not meet a number of positions, industries requiring professional qualifications and professional skills - Some provisions of the law were reasonable for the administration of foreign labor: The conditions set for foreign laborers working in Vietnam will continue to be regulated under the direction of high-level requirements, stricter regulations on personal conditions and tight and recruitment procedures... unions and representatives to get enjoy full labor rights as same as domestic labor Besides, there are also no regulations on hiring foreign labor through required to public employment services organization and regulation of the list of jobs recruiting foreign labor 5.2 CONCLUSIONS AND RECOMMENDATIONS Vietnam should enact law on foreign labor - Regulations recruiment foreign labor recruitment continuously... provisions of the Labor code in 2012 on collective labor agreements Journal of Labor and Unions, No 521, page 4 2 Overview law on foreign labor to work in Vietnam Presentation at conference of China and South Korea Labor in Vietnam by University of Labor and Social affair, in December 2012 3 Legislative practice and recommendations on the management of foreign laborers working for enterprises and organizations... security and politics of a national - The necessity to promulgate the Act on foreign labor 96.70% labor sector officer, and 95.38% of employers that is need to enact specific laws on foreign labor This represents the expectations of the stakeholders involved in the management of foreign labor in Vietnam are needed Act on foreign labor, this practice is consistent with the number of foreign laborers... direction of hiring foreign labors is only have professional qualified, professional skills workers and experience in some sector a number of occupations that domestic workers are not qualified - Continuing to put the draft law on foreign workers have reasonable regulations on administration of foreign labor is applied 12 - To amend and supplement the regulations unreasonable and lacking in setting up of. .. objective of taking advantage of labor -management level and advanced science and technology from foreign countries, and protection for domestic labor Regulation on the rights of foreigners working in Vietnam increasingly approach the principle of equality between domestic labor and foreign labor: Specific regulations, more rational about issues related to grant work permits, such as expanding the audience of. .. audience of foreigners working in Vietnam do not need to apply for work permits granted to create favorable conditions for foreigners working in Vietnam in specific cases Assigned specific responsibility for the management agencies in the administration management of foreign laborers working in Vietnam 11 - Some provisions of the law were not unreasonable for the administrative management of foreign labor: ... between domestic labor and foreign labor working in Vietnam It is need additional regulations to define terms used foreign labor when labor Vietnam workers can not meet qualification It can be applied the conditions it is specified in the direction of law that before hiring foreign labor enterprises, agencies, organizations and Vietnam is requested recruitment Vietnam on the job which is looking for foreign. .. as notice on Intenet (Website, Blog ) Regulations for candidate registration dossiers (for employees working for organizations, enterprises in Vietnam in the form of labor contract) causes difficulties for the implementation of the enterprises/ organization Although the law stipulates the responsibilities of the ministries concerned in the administrative management of foreign labor as mentioned above