Thông tin tài liệu
VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI HUONG LAN PROTECTION OF VIETNAM CITIZEN TO WORK ABROAD ACCORDING TO INTERNATIONAL TREATIES ON LABOR COOPERATION Specialization: Constitutional Law and Administrative Law Code: 9.38.01.02 SUMMARY OF JURISPRUDENCE DOCTORAL THESIS Hanoi, 2021 The work was completed at: Graduate Academy of Social Science – Vietnam Academy of Social Science Scientific instructor 1: Assoc.Prof.Dr Dinh Ngoc Vuong Scientific instructor 2: Assoc.Prof.Dr Le Mai Thanh Reviewer 1: Assoc.Prof.Dr Nguyen Van Quang Reviewer 2: Dr Tran Quoc Toan Reviewer 3: Dr.Nguyen Van Quan The dissertation will be defended in the presence of the Thesis Dissertation Council of the Academy, meeting at the Graduate Academy of Social Sciences on: The thesis can be found at: - National Library of Vietnam - Library of Graduate Academy of Social Sciences PREFACE The urgency of studying the topic Protection of citizens (POC) in general and POC going to work abroad according to international treaties on labor cooperation (LCs) in particular are the obligations and responsibilities of each State towards its citizens me Citizens have the right to be protected by the State while residing in their own territory as well as when they reside abroad The Constitution of Vietnam in 2013, in addition to a clearer and more specific recognition of human rights and citizenship: “In the Socialist Republic of Vietnam, human rights, civil rights in politics, people economic, cultural and social affairs are recognized, respected, protected and guaranteed according to the Constitution and the law ” [3; Clause 1, Article 14 ], also directly affirms: “Vietnamese citizens abroad are protected by the State of the Socialist Republic of Vietnam” [3; Clause 3, Article 17 ] In Vietnam, after 30 years of Doi Moi, along with an active and proactive open-door policy, the labor migration of Vietnamese citizens has increased rapidly In fact, Vietnamese citizens going to work abroad under the ITOLC still face risks such as political instability, natural disasters, epidemics in host countries; working in a toxic, dangerous environment, being beaten, exploited or abused ; being paid disproportionately, being discriminated against in terms of wages compared to workers in the host country, there are many legal issues arising that require protection from the State In addition, the difference in cultural qualifications, language limitations, untrained vocational skills, uncertainty in the laws and customs of the host country, etc are barriers for Vietnamese workers So they need to be protected From that practice, the study of the content: "Protecting Vietnamese citizens going to work abroad under international treaties on labor cooperation" has profound theoretical and practical significance Purpose and research tasks of the thesis The purpose of the thesis is to provide a theoretical and practical basis for proposing views and solutions to improve the effectiveness of Vietnamese CDs working abroad according to ITOLC in the current context Therefore, the tasks of the thesis include: - Identify and clarify theoretical issues and legal bases for the protection of Vietnamese citizens going to work abroad in accordance with international treaties on labor cooperation; - Assess the current status of the law and practice of implementing the law on Vietnam's unemployment insurance when going to work abroad according to the ITOLC in the past years Clearly analyze the achievements, limitations and causes of those limitations - Proposing viewpoints and solutions to improve the effectiveness of Vietnam's CDs to work abroad in accordance with the ITOLC in the current context Subjects and scope of research of the thesis - Research object: The thesis studies the basic theories, theories and laws on the protection of Vietnamese citizens going to work abroad in accordance with international treaties on LCs from the perspective of the Constitutional Law Law and Administrative Law; Situation Protection of citizens Vietnam to work abroad under the international agreements on LCs and propose solutions to improve the efficiency of protection of citizens working abroad under the Treaties employees of international cooperation ng in the present context Research scope : + Regarding the content, the thesis researches on the issue of protecting Vietnamese citizens going to work abroad according to international treaties on LCs The subjects of illegal exiting citizens, without labor contracts, experts or workers without Vietnamese nationality are not considered in this thesis + About time: The thesis researches and evaluates the current state of citizen protection Vietnam to work abroad under the international treaties on LCs of ng from 1992 to present + About space: Thesis on practical research on Protection of Vietnamese citizens going to work abroad according to international treaties on LCs in countries/territories where many Vietnamese citizens work and abroad jurisdiction of Vietnam The thesis is made on the basis of the theory of people's sovereignty, the theory of modern state governance; theory of rights-based approach and research methods such as: Method of summarizing practice; analytical methods; integrated approach; comparative method; systematization method; Statistical methods New contributions and significance of the thesis Theoretically, the thesis has analyzed and fully and scientifically explained the content of the protection of Vietnamese citizens going to work abroad according to international treaties on LCs Clarifying the legal basis and law enforcement practice on this issue through citizen protection measures such as protecting the legitimate rights and interests of citizens In terms of practice, the thesis is a monograph on the issue of protecting Vietnamese citizens going to work abroad under international treaties on LCs The content of the thesis provides additional reference information for law-making agencies and state management agencies in the process of summarizing, evaluating and proposing solutions to further improve the law, improve Effectively Protect Vietnamese citizens going to work abroad under current international treaties on LCs Besides, the thesis is also a reference for research institutes, universities and academies when researching and teaching on this issue Structure of the thesis The thesis includes: Introduction; Four chapters; Conclusion, Appendix and List of References Chapter OVERVIEW OF RESEARCH SITUATION RELATED TO THESIS AND RESEARCH QUESTIONS POSED 1.1 Overview of research related to the thesis 1.1.1 Overview of research on theoretical issues on the protection of Vietnamese citizens working abroad Protection of citizens going to work abroad is an issue that attracts the attention of many domestic and foreign researchers Therefore, research papers at home and abroad on this issue are quite rich and diverse In line with the scope of this thesis, the survey of research works on the protection of citizens going to work abroad under international treaties on LCs is focused on the following issues: such as: Concept, conditions and methods of citizen protection , current needs of citizen protection and issues raised However, the above works only stop at the theoretical study of Citizen Protection in general and National Citizen Protection ; The issue of protecting Vietnamese citizens going to work abroad under international treaties on LCs has not been mentioned This is the content that needs to be further researched and implemented in the thesis 1.1.2 Research situation on the status of protection of Vietnamese citizens working abroad Research works on the current situation of protecting Vietnamese citizens working abroad are quite rich and diverse However, the above documents mainly focus on labor export issues, not on the content of protecting Vietnamese citizens going to work abroad The mentioned data helps the researcher visualize the reality of sending Vietnamese workers to work abroad over the years However , studies have not fully shown the difficulties faced by Vietnamese citizens working abroad as well as the current state of the law protecting the rights and interests of Vietnamese workers in another country This is a big practical gap that the thesis needs to address 1.1.3 Research situation on orientation and solutions to protect Vietnamese citizens working abroad Stemming from different research purposes, the above studies only propose orientations and solutions to protect citizens in accordance with the research content Therefore, the content of views and solutions to improve the effectiveness of the protection of citizens going to work abroad under international treaties on LCs have not been clearly mentioned Researched issues related to the thesis and problems posed for the thesis 1.2.1 Researched issues related to the thesis It can be said that the issue of protecting Vietnamese citizens going to work abroad has been mentioned by many domestic and foreign researchers Accordingly, at different levels, a number of theoretical issues related to the thesis topic have been studied by scholars As follows: Firstly, the relationship between the state and the citizens in the work of supporting citizens The need to protect Vietnamese citizens going to work abroad, including workers; Second, the concept of Citizen Protection ; Third, some aspects of citizen protection and the practice of insurance work from these aspects 1.2.2 Dissertation issues that need further research Based on the results of the overview of the research situation, the thesis needs to continue to research and identify the following issues: Firstly , theoretically, it is necessary to study and clarify the need to protect citizens going to work abroad according to international treaties on LCs; Distinction between the concept of citizen protection and the concept of diplomatic protection, consular protection/assistance; To clearly define the characteristics and conditions for protection of Vietnamese citizens going to work abroad in accordance with international treaties on labor cooperation; Identify the legal basis and institutions to protect Vietnamese citizens going to work abroad in accordance with international treaties on LCs in the current context; Secondly , in terms of practice, the thesis needs to clarify the current state of law, practice as well as the legal mechanism for the protection of Vietnamese citizens going to work abroad in accordance with international treaties on labor cooperation motion ; clarify the relationship between international law and Vietnam, especially in activities to protect citizens' rights against foreign violations Third, the thesis needs to continue to research and recommend some complete solutions to improve the effectiveness of the protection of Vietnamese citizens working abroad in accordance with international treaties on LCs in the context of labor cooperation deep and wide international integration today 1.3 Research question, research hypothesis Through surveying and evaluating the research situation related to the thesis topic, the PhD student poses the research questions that the thesis needs to solve as follows: Firstly , protection of citizens Vietnam to work abroad under the international agreements on LCs was interpreted like? What is the legal basis for the protection of Vietnamese citizens going to work abroad under the current international treaties on LCs? Second, what is the status of the protection of Vietnamese citizens going to work abroad under international treaties on LCs? What are the achievements and limitations? Third, what viewpoints and solutions should be taken to improve the effectiveness of the protection of Vietnamese citizens going to work abroad in accordance with international treaties on LCs? To solve the above research questions, the research hypothesis posed y the thesis is: Protecting Vietnamese citizens in general and protecting Vietnamese citizens working abroad in particular are obligations and responsibilities of each state to its citizens At present, the theory of the protection of Vietnamese citizens going to work abroad has not been clarified Although the legal system and practice of law enforcement on Citizenship Protection in Vietnam have been gradually improved, it has not yet met the requirements of the new situation To further improve your efficiency Protection of citizens to work abroad under the international treaties on cooperation in labor , should have the same opinion, the solution improve the law and organize the implementation of the law on Protection households of Vietnamese citizens going to work abroad in accordance with international treaties on LCs, strengthening the self-protection capacity of workers themselves; capacity for institutions to protect citizens working abroad under international treaties on LCs in practice CONCLUSION CHAPTER 1 Protection of Vietnamese citizens going to work abroad under international treaties on LCsis the obligation and responsibility of the State towards its citizens Citizens have the right to be protected by the State while residing in their own territory as well as when they reside abroad In fact, Vietnamese citizens going to work abroad always face risks, becoming a disadvantaged group in the host country and need protection from the State Therefore, the study of the protection of Vietnamese citizens going to work abroad in accordance with international treaties on LCs is a matter of profound theoretical and practical significance Protection of Vietnamese citizens going to work abroad under international treaties on LCshas attracted the attention of many domestic and foreign scholars Theoretical and practical studies on citizen protection over the past time have focused on clarifying a number of issues such as: the relationship between the state and citizens in the work of citizen protection The need to protect Vietnamese citizens going to work abroad, including workers; The concept of citizen protection , conditions for citizen protection ; practice of protecting citizens abroad However, the issue of citizen protection Vietnam to work abroad under the international agreements on LCsnot yet be clear about the concept, characteristics, conditions and methods of protection and legal mechanisms Protection of citizens Vietnam Men go to work abroad according to international treaties on LCs compared to other subjects Therefore, this content needs to be further researched and clarified in the thesis As the content is inherited, the basic problem that needs to be further solved in the thesis is not only the theoretical issues of citizen protection , the protection of Vietnamese citizens going to work abroad according to law the international agreements on LCs, which also includes the issue of the status of the law on protection of citizens Vietnam to work abroad under the international agreements on LCs, practical implement these provisions and propose to improve the law on the protection of Vietnamese citizens working abroad in accordance with international treaties on LCs in the current context Therefore, the research results of domestic and foreign works are useful references in the process of thesis research The thesis uses and develops a number of viewpoints, evaluations and comments in these research works in order to systematically and comprehensively understand the issues of protecting Vietnamese citizens going to work in Vietnam foreign countries according to international treaties on LCs as the topic set out Chapter THEORETICAL ISSUES ON PROTECTION OF VIETNAM CITIZEN TO WORK ABROAD ACCORDING TO INTERNATIONAL TREATS ON LABOR COOPERATION 1.1 Concept, characteristics and needs of protecting citizens working abroad according to international treaties on labor cooperation 1.1.1 The concept of protection of citizens going to work abroad according toInternational treaties on labor cooperation Protection of Vietnamese citizens going to work abroad under international treaties on LCs is the State's use of intervention measures to protect the legitimate rights and interests of Vietnamese citizens going to work abroad or provide assistance in all aspects to Vietnamese citizens going to work abroad in accordance with international treaties on labor cooperation when they encounter difficulties, tribulations or risks abroad that they cannot overcome by themselves Commonly applied interventions are administrative measures; provide financial support to citizens when they face difficulties, assist citizens in transferring information, preserving papers and property ; visit consular offices when citizens are arrested or detained, and apply necessary measures to protect the legitimate rights and interests of their citizens on the basis of compliance with the laws of the host country or the laws of the host country international 1.1.2 Features of Protection of citizens going to work abroad under international treaties on labor cooperation First of all , the protection of Vietnamese citizens going to work abroad in accordance with international treaties on LCsis the protection of fundamental rights and freedoms, life, health, honor, dignity, property of Vietnamese citizens while they are legally abroad Second, protection of citizens Vietnam to work in foreign countries according to the international agreements on LCsare also set out to individuals in need of completion of administrative procedures, legal agencies diplomatic and consular representations (similar to how Vietnamese citizens in the country perform them at competent state agencies in other countries) Third, the protection of Vietnamese citizens going to work abroad under international treaties on LCs is still carried out when individuals, organizations or competent state agencies of the host country have acts contrary to international law, causing harm to the lawful rights and interests of foreign citizens; when citizens encounter difficulties that cannot be overcome by themselves Fourth, the legal basis for the protection of Vietnamese citizens going to work abroad under international treaties on LCs is determined on the basis of national laws; international law and domestic law Fifth, about the subject who is competent to protect citizens going to work abroad under international treaties on LCs: domestic competent agencies and overseas competent agencies (with the Ministry of Industry and Trade) labor department) 1.1.3 The need to protect Vietnamese citizens going to work abroad according to International treaties on labor cooperation Firstly, the increase in the risk of violating legitimate rights and interests for Vietnamese working abroad Second, the constant increase in the number of Vietnamese citizens going to work abroad Third, the limitations in the work of protecting Vietnamese citizens going to work abroad under international treaties on LCs pose a requirement to improve the efficiency of this activity in practice 1.2 Conditions and measures to protect citizens going to work abroad according to theInternational treaties on labor cooperation 1.2.1 Conditions for the protection of citizens going to work abroad under international treaties on labor cooperation First, the nationality condition Second, citizens are protected by having continuous citizenship Third, based on the close relationship between countries, a country can protect people who are not citizens of its own country Fourth, a number of other conditions to protect citizens going to work abroad, including: 1) Violating acts; 2) Exhausting all measures in the host country 2.2 Measures to protect citizens going to work abroad under international treaties on labor cooperation Protective measures are diverse, including all activities that the State undertakes to help and manage its citizens working abroad It may be the simplest activities, carried out as soon as citizens have not exited their country's borders such as issuing passports, exit visas, providing information about a country they are going to until more complicated activities such as bringing the case to the International Court or using force to protect citizens Contents of protection for citizens going to work abroad according to International treaties on labor cooperation 1.3.1 Protecting the legitimate rights and interests of citizens going to work abroad according toInternational treaties on labor cooperation 1.3.2 Support citizens to work abroad according to the LCs in difficult situations 1.3.3 Support citizens to work abroad according to LCs in crisis situation 1.4 Legal basis and competent authority to protect citizens going to work abroad according to the following regulations: International treaties on labor cooperation 1.4.1 Legal basis for the protection of citizens going to work abroad in accordance with the LCs The legal basis for citizen protection includes: policies and laws of the country that protects citizens; international law; host country law 1.4.2 Agencies competent to protect citizens going to work abroad under international treaties on labor cooperation - Competent authorities in the country - Competent authorities in foreign countries CONCLUSION CHAPTER The protection of citizens in general and the protection of citizens going to work abroad in accordance with international treaties on LCs in particular is a particularly important task, which is always concerned andthoroughly understood by all countries presently H OAT active citizen protection can include activities that the nature of services such as: allocating passport, administrative papers or activities taking help such as financial aid for citizens when they encounter difficulty difficult, disseminating necessary information for their citizens to learn about the country they intend to go to… 11 (i) Issuing passports, travel papers, carrying out administrative procedures ; (ii) Helping citizens with difficulties in connecting information, preserving papers and property when they cannot it themselves; (iii) Consular visits when citizens are arrested or detained; communicate to ensure that citizens are treated humanely and enjoy their legitimate rights and interests under local or international law; (iv) Consular protection when they are victims of deception, seduction, forced labor or prostitution; life and health are threatened; have suffered an insult to dignity; kidnapped in the host country; (v) Support when you fall into a difficult situation such as illness, illness, accident that cannot be overcome by yourself or death that requires financial support from the State; (vi) Support and protection when affected by a crisis situation in the host country such as armed conflict, natural disaster, epidemic, economic crisis leading to widespread job loss [ 83 ; p.26] 3.1.2.1 The need for permanent protection for Vietnamese citizens going to work abroad according to international treaties on labor cooperation 3.1.2.2 The need for support when Vietnamese citizens going to work abroad fall into a difficult situation, crisis 3.2 The current status of the law on protection of Vietnamese citizens going to work abroad according to International treaties on labor cooperation 3.2.1 Current status of international legal regulations on the protection of citizens working abroad a) The current status of provisions of the global treaty on workers' rights From the 1930s to the present, there have been hundreds of legal documents adopted by many international organizations on the issue of migrant workers In terms of content, international legal documents in this field focus on three basic aspects, which are: First, support employment and livelihoods and protect migrant workers from discrimination and ill-treatment (typically ILO Conventions 97 and 143 and including part of United Nations Convention on the Rights of Migrant Workers and their Families) Second, to establish and protect the rights of migrant workers (typically the United Nations Convention on the Rights of Migrant Workers and their Families) 12 Third, to prevent trafficking in immigrants (typically the Protocol on Combating Trafficking in Immigrants by Sea, Road and Air Supplementing the United Nations Convention against transnational Crimes) [41; p.23] b) Current status of provisions of bilateral agreements on support and protection of citizens working abroad under international treaties on labor cooperation Bilateral regulations in the labor sector often focus on specific rights and obligations of employees, and only partially regulate the labor protection function of State agencies for labor protection labor; especially the function of diplomatic and consular missions in the protection of workers of the sending country abroad 3.2.2 The current status of Vietnamese law to protect Vietnamese citizens abroad under LCs agreements a) The current status of provisions of the 2013 Constitution on citizen protection : The 2013 Constitution has made appropriate changes when affirming that the Vietnamese State protects Vietnamese citizens abroad – including all Vietnamese citizens whether residing permanently or briefly abroad The Constitution affirms: “ Vietnamese citizens abroad are protected by the State of the Socialist Republic of Vietnam ” [35; Article 18] This provision is completely consistent with the understanding of citizen protection in a broad sense That is, the State not only protects the rights and interests of Vietnamese citizens abroad when their rights and interests are infringed, but also protects them when Vietnamese citizens fall into extremely difficult circumstances, a crisis crisis in the host country needs the help of the State b ) The current status of relevant legal documents on the protection of citizens going to work abroad under international treaties on labor cooperation - Regarding the conditions for citizen protection; - On the subject competent Deciding n protection of citizens working abroad under the international agreements on LCs; - Regarding the content of protection of citizens going to work abroad according to international treaties on LCs: Firstly, to protect the lawful rights and interests of Vietnamese citizens abroad in accordance with the laws of the host country, international treaties that Vietnam and that country have signed or acceded to, and in accordance with international practices economic Second, to represent Vietnamese citizens in the establishment and performance of civil transactions or to represent Vietnamese citizens before the Court and other competent authorities of the receiving country during the proceedings civil, criminal when Vietnamese citizens in the consular area are absent without authorizing others to represent them or for some reason are unable to protect their interests by themselves 13 Third , contact local competent authorities to ensure that the arrest, detention and trial of our citizens are carried out in accordance with the law of the receiving country, international treaties to which Vietnam and the host country are concerned accept signing or joining, international practices Fourth , contact the competent authority of the receiving country to arrange a visit to the Vietnamese citizen In addition, the representative mission also performs other consular duties in accordance with the provisions of Vietnamese law and not contrary to the law of the receiving country or according to international treaties to which Vietnam and the receiving country are countries member 3.3 Practices of protecting Vietnamese citizens going to work abroad under international treaties on labor cooperation 3.3.1 Practice of protecting the legitimate rights and interests of Vietnamese citizens going to work abroad in accordance with international treaties on labor cooperation 3.3.1.1 Issuance of administrative documents, training and regular support measures for Vietnamese citizens to work abroad in accordance with international treaties on labor cooperation 3.3.1.2 Protect Vietnamese working abroad under international treaties on LCswhen arrested, detained, detained, tried, imprisoned or have their freedom of body restricted in any way 3.3.1.3 Protecting Vietnamese people going to work abroad under international treaties on LCs when being expelled from abroad 3.3.2 Practical support for Vietnamese citizens to work abroad in accordance with international treaties on LCs in crisis 3.3.2.1 Practical support for Vietnamese citizens to work abroad in accordance with international treaties on LCs in armed conflicts - Civil protection practices in conflict in Libya in 2011 and 2014; - Plan to protect citizens in the tense situation on the Korean peninsula - The status of citizen protection in some typical terrorist cases in France in 2016; in the US in 2017 3.3.2.2 Practical support for Vietnamese citizens to work abroad in accordance with international treaties on LCs during natural disasters and epidemics - Protecting and supporting Vietnamese citizens and workers in the earthquake in Nepal on April 25, 2015; - Protecting and supporting Vietnamese citizens and workers in the collapse of a hydroelectric dam in Laos on July 23, 2018; - Support Vietnamese citizens and workers during the Covid-19 epidemic; 14 3.3.3 Practical coordination between agencies competent to protect Vietnamese citizens working abroad 3.3.3.1 Practice of coordination among domestic protection authorities - The Ministry of Foreign Affairs: iCoordinating and guiding ministries, branches and localities, directing, urging and inspecting Vietnamese representative missions abroad to strengthen the management of migration activities of Vietnamese citizens abroad citizen protection, support and creating favorable conditions for overseas Vietnamese to stabilize their lives, integrate into the social life of the host country, and preserve the national cultural identity Through the handling of consular affairs related to civil status, nationality, notarization, legalization, inheritance, and issuance of consular documents, passports, visas, etc to guide and disseminate to the public Vietnamese people about the rights and benefits they enjoy, as well as the obligations they have to perform in the receiving country Support and protect the overseas Vietnamese community When necessary, request the competent authorities of the receiving country to grant Vietnamese citizens the rights and benefits to which they are entitled under the law of the receiving country or an international treaty signed between Vietnam and the host country Overseas Vietnamese representative missions have protected the legitimate rights and interests of Vietnamese citizens abroad in accordance with the provisions of Vietnamese laws, local laws, international laws and practices - Regarding the relevant agencies, including: The Ministry of Labour Invalids and Social Affairs; Diplomatic missions, Labor Management Boards of diplomatic missions; - On the side of enterprises sending workers abroad 3.3.3.2 Practice of coordination between foreign protection competent authorities - The Consular Department; - The State Committee for Overseas Vietnamese - Vietnamese representative agencies abroad 3.3.3.3 Practical coordination between functional agencies implementing the work of protecting Vietnamese citizens with the authorities of the host country 3.4 General assessment 3.4.1 Result a) About the law: In recent years, in parallel with promoting legal migration, Vietnam's policy and legal system on sending Vietnamese people to work abroad under international treaties on LCs, on citizen protection, protection of Vietnamese workers going to work abroad… there are relatively specific regulations to protect the rights of health, life, honor, and human rights products 15 and other legitimate rights and interests of citizens when living and working abroad b) About the practice of protecting Vietnamese people working abroad - The number of cases, the number of protected overseas workers is increasing - Regarding the quality of protection work: The plans to protect overseas workers are increasingly proactive, responding promptly to complicated and unpredictable developments such as the rescue of thousands of workers: during the conflict in Libya in 2011 and 2014; plan to deal with the tense situation on the Korean peninsula… c)Tthe management of the sending of Vietnam to work abroad under the international agreements on labor cooperation Within the scope of statutory functions and duties, the Ministry of Foreign Affairs has actively directed overseas Vietnamese representative missions to strengthen the management and protection of Vietnamese workers working abroad, increase strengthen the provision of information and coordinate with the Ministry of Public Security in implementing measures to combat evasion, detect and handle law violations Accordingly: (1) A number of models of overseas labor management have been formed, suitable to the characteristics of each market; (2) Labor Management Boards to perform a number of functions of management, monitoring, inspection, supervision and timely support for laborers and enterprises in the process of workers working in your country; (3) All enterprises have sent labor management representatives to the business markets to send many workers and most of the enterprises have monitored and promptly handled problems arising for employees; (4) International cooperation in the field of laborers working abroad under contract has been strengthened and promoted strongly, bringing about practical effects; (5) Regarding promotion, negotiation and market opening: the work of promotion, negotiation and market opening has been promoted In recent years, the Agreement has been signed to expand a series of markets d) Factors to ensure the results achieved First of all, when a crisis occurs in the host country, the head of the Government and a number of government members have directly participated in the direction and administration to quickly decide on arising issues, ensuring the work of the host country most effective citizen protection Secondly, Vietnam's representative offices abroad have basically completed, built a 24/7 online hotline system, widely informed on the portal of the representative agency, ensuring assist citizens when needed Thirdly, the countries with which Vietnam has signed cooperation agreements on labor as well as many countries in the world are willing to 16 cooperate and assist in crisis response at Vietnam's request to rescue and protect the country for workers in crisis areas or when workers face difficulties Fourth, Vietnamese workers tend to live in concentrated places in the host country, thus creating many advantages for protection work when a crisis occurs 3.4.2 Limitations and reasons a) Limitations i) Legally : Protecting Vietnamese citizens going to work abroad is a cross-cutting policy of our Party and State in the context of strengthening international integration, promoting labor export, and legal labor migration.Accordingly, many legal documents have been born, gradually institutionalizing the major views and policies of the Party on this issue However, the legal system does not always fully institutionalize the Party's viewpoints, and at the same time, harmonize the relationship between international and Vietnamese law, especially in rights protection activities interests of citizens against foreign violations Regulations on the protection of Vietnamese citizens going to work abroad under international treaties on LCs still exist in many different documents; the content of the concept of citizen protection is not yet understood and applied uniformly; there is not yet an adequate legal institution for crisis handling as well as creating a legal basis for the protection of citizens in crisis situations; the citizen protection mechanism has not been concretized, the responsibility to protect citizens of the subjects has not been clarified in the legal documents… This fact has significantly affected the effectiveness of the protection of Vietnamese citizens go to work abroad according to international treaties on LCs, especially in the situation of unexpected crisis ii) In terms of practice: - There is no strategy for service activities to send workers to work abroad, so there is no labor source to actively meet the needs of the foreign labor market, especially in the context of skilled workers Engineering such as welding, turning, construction, marine, nursing are difficult to recruit while many foreign labor markets have great demand - The work of labor management, protection and support for Vietnamese workers working abroad is not timely and thorough at times; new attention, focusing mainly on dealing with cases when they arise, big cases of serious or collective nature - The situation of employees breaking the law, running away to work, breaking the labor contract with the employer affects the promotion and expansion of the foreign labor market - Sending managers of enterprises to your country's market according to regulations is still facing many difficulties, most of the receiving countries not 17 allow enterprises to set up labor management offices in the host country or send a representative to Vietnam - There are no policies to encourage and support enterprises and organizations to exploit and expand the overseas labor market, consolidate and develop the market with many Vietnamese workers going to work abroad iii) Regarding coordination with international agencies and organizations: Over the past time, Vietnamese representative agencies have always actively and actively sought international cooperation in the field of protection of citizens in general and Vietnamese working abroad under international treaties on LCs in particular However, in many cases, the competent authorities of countries that have not signed consular agreements with our country not notify the arrest and trial of Vietnamese citizens to Vietnamese representative agencies b) Causes of limitations CONCLUSION CHAPTER The results obtained from the practice of protecting Vietnamese people going abroad to work in accordance with international treaties on LCs over the past time show that: Basically, the protection of citizens has met the concerns of society, the people's expectations and the expectations of the Party and State leaders However, with the diverse, complex and sensitive nature of cases involving Vietnamese citizens occurring abroad, the protection of Vietnamese working abroad in accordance with international treaties must be met There are still many challenges in LCsin the coming time Every year, the number of Vietnamese workers going to work abroad is very large with the destination being many different countries and territories Along with that, the requirements of workers to work abroad increased This fact requires that the protection of Vietnamese people working abroad under international treaties on LCs needs to be conducted with a more complete legal basis as well as with a system of agencies protection is further strengthened In addition, the world situation continues to have many complicated and unpredictable developments, the possibility of crisis situations is always hidden and can happen at any time, natural disasters occur frequently These are big challenges for the protection of citizens in general and the protection of Vietnamese people going to work abroad under international treaties on LCs in particular In order to better in the protection of citizens and the protection of Vietnamese going to work abroad in the current context, it is necessary to continue to research, propose and offer views and solutions to improve the effectiveness of the work The result of protecting Vietnamese citizens going to work abroad is very necessary 18 Chapter VIEWPOINTS, SOLUTIONS TO ENHANCE THE EFFICIENCY OF PROTECTION OF VIETNAM CITIZEN CITIZEN TO WORK ABROAD ACCORDING TO INTERNATIONAL TREATS ON COOPERATION LABOR 4.1 Viewpoint to improve the effectiveness of protection for Vietnamese citizens going to work abroad in accordance with international treaties on labor cooperation 4.1.1 Protection of Vietnamese citizens going to work abroad on the basis of ensuring harmony between the State and citizens, building a rule of law State in the context of international cooperation and integration 4.1.2 Protection of Vietnamese citizens going to work abroad in accordance with international treaties on LCs to meet the requirements of implementing the 2013 Constitution on strengthening the protection of human rights and fundamental freedoms, guarantee civil rights 4.1.3 Protection of Vietnamese citizens going to work abroad under international treaties on LCs must be consistent with international practices and specific conditions of Vietnam 4.2 Solutions to improve the effectiveness of protection for Vietnamese citizens going to work abroad according to international treaties on labor cooperation 4.2.1 Completing the provisions of Vietnamese law on the protection of Vietnamese citizens going to work abroad 4.2.1.1 It is necessary to review the system of legal documents and regulations related to migration Through a systematic review of legal documents and regulations related to migration, it will help to screen and remove overlapping and inappropriate regulations and supplement missing regulations; It is necessary to soon have a plan and roadmap to build a synchronous migration law and policy system, to adjust all types of migration and the migration process of Vietnamese citizens abroad C evil ministries within functions, their duties, reviewing the policies and institutions of international migration is complete mechanisms and policies towards migrants towards optimizing procedures migration in order to reduce costs, better serve people's legitimate international migration needs, and at the same time create better conditions for immigration management through an electronic database that can be easily disaggregated according to basic criteria such as age, sex, place of departure, destination, purpose of migration 4.2.1.2 Study on amendments to the Law on Nationality The amendment of the Law on Citizenship should aim to clearly define the responsibilities and obligations of the state to protect citizens As analyzed in 19 Chapters and 2, the virtual obligation to protect citizens needs to be recognized and clarified in legal documents that show the relationship between the State and its citizens, regardless of whether the citizen is in where It is necessary to study and amend Article of the Law on Nationality to "The State of the Socialist Republic of Vietnam has the obligation to protect Vietnamese citizens abroad " Based on the theoretical basis in Chapter and practice in Chapter of the thesis, the content of protecting Vietnamese citizens working abroad should be concretized through activities including but not limited to: (i) Carrying out regular administrative procedures and consular activities (issuing passports, issuing travel documents to return home; consular procedures such as notarization and certification; keeping and preserving documents ) (ii) Provide consular assistance if required (arrest, detention or imprisonment; unfair and inhumane treatment; sudden illness requiring emergency hospital treatment, accident or death) ; being infringed upon the fundamental rights and freedoms of individuals ); (iii) Help provide or connect information (notify, connect with family and relatives; provide list, hospital address, lawyer; search for missing information ); (iv) Help repatriate citizens who are sick, have accidents or bring the dead body back home at the expense of that person's family, relatives and friends [ 83 ; p.128-129 ] Regarding the object of protection: First of all, it is necessary to specify the cases in which the Vietnamese nationality is imported or restored but the foreign nationality is kept Second, to promote the negotiation and conclusion of bilateral and multilateral international treaties with a view to limiting the status of dual or multiple nationalities and resolving conflicts over the jurisdiction to protect citizens 4.2.1.3 Researching and perfecting the provisions of the Law on representative agencies The law on representative agencies does not clearly stipulate the content of protection and especially the responsibilities of agencies, organizations and individuals responsible for CD insurance in foreign countries in a crisis situation Should clearly define the highest responsibility when conducting insurance policy abroad is the head of the representative agency At present , the Crisis Center has not been established, so the relationship between the representative agencies and this Center has not been mentioned In addition, it is necessary to clarify the mechanism of BHCD in countries where there is no representative mission / in the area of a concurrent mission 20 4.2.1.4 Promulgating additional legal documents, guiding and forming a set of procedures to guide the protection of citizens of the representative agency in crisis situations 4.2 Actively participate in the development of labor export agreements with the relevant labor market In the immediate future, it is necessary to review and well implement the signed agreements to protect the interests of employees Second, it is necessary to review and strengthen the expansion and development of the labor export market Third, it is necessary to strengthen the signing and full implementation of agreements and agreements on sending workers and experts to work abroad 4.2.3 Strengthen the capacity of competent agencies to protect Vietnamese citizens going to work abroad in accordance with international treaties on labor cooperation 4.2.3.1 For the system of protection authorities Firstly, strengthen the role and operational efficiency of Vietnamese diplomatic missions and consulates abroad in approaching and supporting Vietnamese workers Second , for markets that receive a lot of Vietnamese female workers, there should be appropriate policies to have at least 01 female staff perform labor management In terms of organizational structure : In order to specialize and improve the efficiency of Vietnam's deposit insurance work abroad, the Ministry of Foreign Affairs needs to further clearly define the functions, tasks and coordination mechanism between the Consular Department and the Committee about overseas Vietnamese However, the Consular Department must be the focal point responsible to the Ministry's leaders for the work of Vietnam's deposit insurance in foreign countries, and is responsible for presiding over and coordinating with relevant units and authorities to carry out civil protection activities when necessary On the side of the representative agency : it is necessary to continue to increase the number of representative agencies, to limit the number of part-time representative offices, especially in areas with a large number of Vietnamese workers working and residing In addition, it is necessary to increase the staffing for consular sections at representative missions In case of necessity, it is necessary to study the solution of setting up mobile offices to handle consular affairs in neighboring countries in the consular area, where representative offices can promptly assist citizens when necessary On the side of cadres and civil servants doing consular work: Firstly, it is necessary to regularly train and foster consular professional skills for officials working in consular and insurance 21 services abroad Professional training as well as updating changes in policies and laws of the host country for consular officers in this country Second, the Consular Department should regularly issue guidelines and systematize legal documents related to consular work such as handbooks, question-and-answer system on consular work to provide for representative agencies, consular officers, etc Thereby, contributing to providing more information and professional skills for the officials performing this work; Third, heads of representative missions should pay special attention to consular work; arrange staff with consular qualifications to directly perform key consular tasks Persons in charge of consular affairs, especially Heads of Consular Sections at representative missions, must be professional officers with extensive experience in the consular industry as well as knowledge of domestic and host laws Thereby, contributing to well implementing the work of protecting Vietnamese people going to work abroad in necessary cases, ensuring effectiveness and efficiency Fourth, consular work is directly related to the legitimate rights and interests of citizens, and is also an area prone to authoritarianism, harassment, and negativity, affecting the reputation of agencies State officials, Vietnamese representative agencies abroad Therefore, the quality, ethics and reputation of consular officials and civil servants is a strict requirement Authorities should take measures to strictly handle consular officers when violations and harassment occur in the work of protecting citizens To the relevant authorities: - Ministry of Foreign Affairs - Ministry of Public Security - Department of Defense - The Ministry of Labour - Invalids and Social Affairs - State Bank of Vietnam - For enterprises, recruitment units sending Vietnamese workers to work abroad: - For localities : - Vietnam Labor Export Association: - It is necessary to build a crisis handling center under the Ministry of Foreign Affairs Accordingly, this Center can form a full-time or part-time department to develop the National Plan on Crisis Handling On that basis, concerned ministries and branches shall develop response plans suitable to their functions and tasks When a crisis situation occurs, the center will operate the crisis handling process; organized 24/7 to receive and propose to handle relevant information In addition, the Center will develop a set of training materials for citizen protection in crisis situations; unify the crisis management process at different levels 22 4.2.3.2 Building a database on migrant workers, implementing activities to register Vietnamese citizens abroad 4.2.3.3 Strengthening the mechanism to coordinate with the receiving country on Vietnamese CDUs going to work abroad according to the LCs 4.2.3.4 Other solutions Firstly, improving the capacity of "self-protection" of Vietnamese workers working abroad according to the LCs Second, to create effective and effective mechanisms to monitor and enforce policies and laws on migrant workers in order to strengthen the responsibility of the State and related actors for the protection of rights and interests legitimate interests of Vietnamese people migrating abroad during the migration process; Third, promote information and communication with appropriate and effective forms and measures to raise awareness of employees and the whole society about the importance and effects of citizen registration; procedures for registration of Vietnamese citizens abroad ; awareness of compliance with Vietnamese law and the law of the host country, encouraging and facilitating the integration of migrants into the socio-economic life of the receiving country In the long term, the Ministry of Foreign Affairs should actively and closely coordinate with the Ministry of Justice, the Ministry of Public Security and relevant ministries to develop a document regulating the registration of Vietnamese citizens abroad, creating favorable conditions for Vietnamese citizens conditions for the verification of the nationality of overseas Vietnamese when situations needing protection occur Fourthly, increasing investment in the Citizen Protection Fund as well as in citizen protection activities abroad is also a very necessary need in the current period Accordingly, it is necessary to amend the regulations on the operation of the Fund to protect Vietnamese citizens and legal entities abroad in order to overcome problems in the handling process In addition, it is necessary to review the legal regulations and evaluate the performance of other funds that also have the function of supporting Vietnamese citizens abroad such as the Overseas Student Support Fund, the Employment Support Fund foreign The effective use of these funds will be a supplementary source, helping to reduce the financial burden for the Fund for the Protection of Vietnamese citizens and legal entities abroad CONCLUSION CHAPTER In the current context of deep international integration, each country cannot become a separate oasis but is heavily influenced and influenced by the political, economic and social situation of the region and the world Therefore, each country needs to have certain strategies in the work of protecting its 23 citizens , especially workers working abroad in cases where their rights and interests are violated as well as face a crisis situation Strengthening the protection of citizens in general and the protection of Vietnamese workers working abroad in particular is a major policy of our Party and State In the coming time, improving the effectiveness of citizen protection should continue to be placed in the relationship between the State and citizens, building a rule of law State, perfecting the market economy institution, and promoting social democracy socialist; institutionalize the spirit of the 2013 Constitution on strengthening protection, protection and assurance of human rights and citizens' rights; in accordance with international practices and specific conditions of Vietnam Measures to be taken are to continue to improve the provisions of the law on citizen protection ; Formulate and finalize a model labor export agreement with the relevant labor market; Develop specific measures to support migrant workers in the event of a crisis abroad; Constantly strengthening the capacity of competent agencies to protect citizens working abroad; Actively propagate through many information channels to workers going abroad to work in accordance with international treaties on labor cooperation… In addition, it is necessary to establish mechanisms to monitor and enforce policies and laws on labor cooperation effective and efficient migrant workers in order to strengthen the responsibility of the State and related entities for the protection of the legitimate rights and interests of Vietnamese people migrating abroad during the migration process reside Thereby, contributing to improving the effectiveness of protecting citizens in general and Vietnamese working abroad in particular in the context of international integration CONCLUSION In summary, the protection of citizens in general and the protection of Vietnamese citizens going to work abroad according to the LCs is a particularly important task, which is always concerned and thoroughly implemented by our Party and State The protection of Vietnamese citizens going to work abroad under the LCs is based on international and national laws on this issue Vietnam has been actively participating in international conventions on the protection of human rights, citizenship and migrant workers; at the same time, actively and proactively internalize international treaties into national law through the provisions of the Constitution; specific laws such as the Law on Nationality; Labor Code; The Law on Vietnamese workers working abroad under contracts, the Law on Representative Missions of the Socialist Republic of Vietnam in foreign countries, and guiding documents and developing an implementation mechanism 24 In recent years, in addition to protecting and ensuring the legitimate rights and interests of Vietnamese citizens abroad, such as: issuing passports and administrative papers to citizens; supporting activities such as providing financial assistance to citizens when they are in difficulty, assisting citizens in transferring information, preserving documents and property, consular visits when citizens are detained … ; Our State also pays much attention and applies timely measures to protect and support citizens and workers to work abroad in crisis situations in host countries such as: political and security conflicts, natural disasters such as earthquakes, tsunamis, hurricanes, floods These measures have initially achieved important results, contributing to strengthening the confidence of employees going to work work abroad in the institution, the institution of citizen protection of the Socialist Republic of Vietnam However, besides the achieved results, the protection of Vietnamese citizens going to work abroad under the LCs still has many limitations and inadequacies Therefore, in the coming time, it is necessary to carry out synchronously many solutions to improve the effectiveness of protection for Vietnamese working abroad in the new situation Some solutions proposed by the thesis are: Legally , it is necessary to continue to perfect the provisions of the law on the protection of Vietnamese citizens working abroad, including amending some provisions of Law on Vietnamese people working abroad under contract; Research revised Nationality Act, which stipulates the responsibilities and obligations of citizen protection of the state ; study and complete the provisions of the Law on representative agencies; promulgating additional legal documents as well as guiding and forming a set of procedures to guide the citizen protection work of the representative agency in crisis situations; Regarding agencies competent to protect citizens, it is necessary to continue to strengthen the capacity of institutions to protect Vietnamese people working abroad under international treaties on labor cooperation; Strengthen the development of labor export agreements with the relevant labor market; Strengthen the coordination mechanism with the receiving country on the protection of Vietnamese citizens going to work abroad under the LCs For workers going to work abroad, it is necessary to improve their capacity of "self-protection" against the risk of being infringed on their legitimate rights and interests; to step up the work of information and communication with appropriate and effective forms and measures in order to raise the awareness of the whole society about the citizen protection policy ; increase investment in the Citizen Protection Fund to optimize the protection of citizens in practice… The synchronous implementation of the above viewpoints and solutions will contribute to enhancing the effectiveness of the protection of Vietnamese working abroad under the LCs in the current new situation LIST OF WORKS ANNOUNCED STT NAME OF ARTICLE/WORKS PLACE OF DISCLOSURE Head of the ministerial-level scientific research project " Practices and solutions to strengthen the protection of Vietnamese citizens abroad in the new situation " Ministerial-level scientific research topic: "The reality of supporting Vietnamese citizens abroad in difficult and crisis situations " in the ministerial-level scientific research project " Legal basis for the protection of Vietnamese citizens abroad " Citizen protection in crisis situations – International experience and recommendations for Vietnam Solutions to improve the quality of protection for Vietnamese going to work abroad in the context of international integration Protection of citizens going to work abroad in accordance with international treaties on LCs– Current status and recommendations Protecting citizens going to work abroad in accordance with international treaties on labor cooperation Ministry-level scientific research project (Chairman) Ministry-level scientific research project by Assoc.Prof.Dr Le Mai Thanh is in charge (Participation) Journal of Law Professions January 2020 issue Human Resources Magazine September 2020 issue International Research Journal No (124), March 2021 Communist Magazine No 969, July 2021 YEAR OF PUBLICATION 2019 Acceptance in 2020 2020 2020 2021 2021 ... to authoritarianism, harassment, and negativity, affecting the reputation of agencies State officials, Vietnamese representative agencies abroad Therefore, the quality, ethics and reputation of... on LCs is a matter of profound theoretical and practical significance Protection of Vietnamese citizens going to work abroad under international treaties on LCshas attracted the attention of many... many advantages for protection work when a crisis occurs 3.4.2 Limitations and reasons a) Limitations i) Legally : Protecting Vietnamese citizens going to work abroad is a cross-cutting policy
Ngày đăng: 23/09/2021, 15:06
Xem thêm:
