Tiến Sĩ Policy and Recommendations on Administrative Management of Foreign Labor Bases for Capability Buildi

Luận án tiến sĩ năm 2013
Đề tài: Policy and Recommendations on Administrative Management of Foreign Labor: Bases for Capability Building of Domestic Labor
Chính sách và những khuyến nghị về quản lý hành chính đối với lao động nước ngoài: Trên cơ sở xây dựng năng lực cho lao động trong nước
Luận án được trình bày bằng tiếng Anh


TABLE OF CONTENTS
CHAPTER I: .1
INTRODUCTION .1
1.1. Background of the Study 1
1.2. Statement of the problem 7
1.3. Significance of the study .8
1.4. Scope and limitation of the study: 9
1.5. Definition of terms 10
CHAPTER II 13
REVIEW OF RELATED LITERATURE AND STUDIES 13
2.1. Review of related studies 13
2.1.1 Local of studies .13
2.1.2 Foreign of studies 16
2.2. Theoretical and conceptual framework .18
2.2.1. Administrative management of foreign labor 26
2.2.2 A foreign labor . .
2.2.3 The employer .32
2.2.4 Basic contents of the administrative management of foreign labor .21
2.2.5. The reasons and the existing conditions thatled to enterprises of hiring
foreign labor in term of: .39
2.2.6. The reasons sustain the hiring of foreign labor as perceived .42
2.2.7. The results and limitations in the management of State for foreign laborers
working in Vietnam .46
CHAPTER III: METHODOLOGY .52
3.1. Methods of collecting information 52
3.1.1. Methods of collecting secondary data 52
3.1.2. Methods of collecting primary date .52
3.2. Data processing method 56
CHAPTER IV: PRESENTATION, ANALYSIS AND INTERPRETATION OF
DATA 58
4.1. Characteristics and understanding of foreign labors on the policy, legal
documents relating to the management of foreign labors in Vietnam .58
4.1.1. General characteristics of foreign laborers working in Vietnam .58
4.1.2. Understanding of foreign labors on policies,laws relating to foreign labors
60
4.1.3. Find out the information channel transmiss legal document to foreign
labors 62
4.2. The granting of labor license for foreigners working under labor contracts 63
4.2.1. Period of labor license .63
4.2.2. Regarding the term of the labor license .64
4.2.3. Promulgating the Act on foreign labors .64
4.3. Management of foreign labors in Vietnam .65
4.3.1 Foreign labors is need to manage information 65
4.3.2. The information of foreign labors have to register 66
4.3.3. Appropriate forms to manage foreign labors .67
4.3.4. The difficulties for enterprises / organizations on the implementation of the
recruitment provisions to foreign labors 68
4.3.5. Additional provisions of the law in buying compulsory insurance for two
types foreign labor .69
4.3.6. Additional provisions of the law of the place and work which is not allow
to use of foreign labors 69
4.3.7. The necessity to promulgate the Act on foreign labor .70
CHAPTER V: FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 71
5.1. Findings .71
5.2 Conclusion .74
5.3 Recommendations 74
ACT ON FOREIGN LABORS 81
Chapter I .81
GENERAL PROVISION .81
Article 1: Scope 81
Article 2: Application objects 81
Article 3: Definitions .83
Article 4: The principle of the use of foreign labor .84
Article 5: Responsibilities of state management of foreign labors: .84
Article 6: Responsibilities of Employers .85
Article 7: Responsibilities of foreign labors 85
Article 8: Prohibited Acts 86
Chapter II .86
GRANTING WORK PERMITS, REISSUE OF LABOR LICENSE, EXPULSION
OF FOREIGN LABORS WITHOUT LABOR LICENSE 86
Article 9: The case of foreign labors who are not eligible for a work permit
granted 86
Article 10: Conditions for granting labor license for foreign labors .88
Article 11: Demand for foreign labors . 88
Article 12: Profile granting labor license .89
Article 13: The term of the labor license . 91
Article 14: The procedures for the labor license 91
Article 15: The cases reissue of the work permit .92
Article 16: Profile of the proposed reissue labor license .92
Article 17: Order of reissue of labor license 93
Article 18: The term of reissue of the labor license .94
Article 19: Revoke of work permit 95
Article 20: Expulsion of foreign labors . 96
Chapter III PROTECTION OF FOREIGN LABORS .96
Article 21: Prohibition of Discrimination 96
Article 22: Wages payments and insurance .96
Article 23: Support for Organizations, etc., Related to Foreign labors .97
Article 24: Allows changing business, workplace .97
Chapter IV STATE MANAGEMENT OF FOREIGN LABORS .97
Article 25: Contents of state management for foreign labors 97
Article 26: State management authority for foreign labors .98
Chapter V INSPECT AND HANDLE VIOLATIONS OF .98
LAW RELATED OF TO FOREIGN LABORS 98
Article 27: Inspection of foreign labors .98
Article 28: Complaints and settlement of complaintsand violations of the law on
foreign labors .99
Article 29: Accusations and resolved accusations violations of the law on foreign
labors 99
Article 30: Principles for handling violations of the law on foreign labors .99
Article 31: The form of illegal handling of foreignlabors 99
Chapter VI TERMS OF ENFORCEMENT .100
Article 32: Entry into force of the Law on foreign laborers working in Vietnam
100
Article 33: Detailing and guiding 100
REFERENCES 101
CURRICULUM VITAE 108


Abstract
Administrative management of foreign labor in Vietnam is not new topics, but
always topical. Administrative management of foreign labors how to effectively,
while enhancing the capacity of domestic labor is the topic that interest the
dissertation author. In this dissertation, the author analyzes the legal status
administrative management of foreign labor, the actual use of foreign labor, and the
authors also survey to find out more about the inadequacies of policy, law to make
recommendations as appropriate. Specifically, in the dissertation, 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 governing foreign labor tight fit will enhance the capacity of
domestic labor. Finally, the authors make conclusions and recommendations of the
special products specifically with the Draft Law onforeign labors.


CHAPTER I
INTRODUCTION
1.1. Background of the Study
In the context of international integration today, labors from this country to
work for other countries are indispensable objective. Vietnam as well as many other
countries around the world, the reception of foreign laborers working in Vietnam
country was inevitable. Together, 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 wishing to recruit foreign
labors as enterprises of all economic sectors and the contractor is an organization with
legal economics 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. Presence of foreign labors in Vietnam are engaged in professional fields
such as industry, services, trade, construction andassembly; information technology,
education; produce cartoon graphic and physical education, sports, arts. In the 63
provinces/cities of Vietnam, there are 47 provinces/cities to use foreign labors.
The use of foreign labors in enterprises and organizations in Vietnam has
certain positive effects:
- Foreign labors are qualified, highly technical, creating conditions for
enterprises and organizations in Vietnam to implement and develop the sectors
requiring high technology, high technology;
- The use of foreign labors will create conditions for employees Vietnam to
study and improve the professional qualifications, professional, fast absorbing new
techniques and new technologies, while working for Vietnamese workers behavior
and attitudes advanced work;
- The use of foreign labors will help improve productivity, labor quality,
business performance and reputation of the enterprise or organization.
In addition, foreign labors working in Vietnam and there are also negative
effects such as creating heavy pressure with the creation of jobs for domestic labor
even in conflict with domestic labor in the contextof unemployment remain high. For
some fields, if using foreign labors will be vulnerable to reveal secrets and
technology. Use of foreign labors, the enterprises will have higher costs partly to
affect production costs of enterprises and especially if using a large percentage of
foreign labors is the difficulty in administrative management and problems will arise
problem of social order and security. The phenomenon of foreign laborers working
illegally in our country tends to increase, beyond the control of the state management
agencies. This fact poses serious questions about the effectiveness of management the
use of foreign labor in organizations, enterprises and concurrently set urgency
required for the state management agency on the increase strengthen inspection and
control this force.
Currently, administrative management of foreign labors is a hot subject in
Vietnam. This problem has attracted the attention not only of the State management


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