policy and recommendations on administrative management of foreign labor bases for capability building of domestic labor

i





ThAi nguyen University Southern luzon STATE University
Socialist Republic of Vietnam Republic of Philippines






Policy and Recommendations on Administrative Management of
Foreign Labor: Bases for Capability Building of Domestic Labor



Advisor: Associate Professor. Dr. DINH NGOC LAN
Name of Student: NGUYEN THI TUYET VAN
English Name: HELEN
Date of Birth: 27/9/1972
Course: SLSU-DBA1





HANOI JUNE, 2013
THAI NGUYEN UNIVERSITY

SOUTHERN LUZON STATE UNIVERSITY –DBA



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Acknowledgments
I would like to express our most sincere thanks to the Management Board of
the Southern Luzon State University, Thai Nguyen University, the teacher, the teacher
of the school has helped me facilitate the learning process throughout.
I would like to express sincere gratitude and profound Associate Professor.
Dr. Dinh Ngoc Lan, enthusiastic teacher who have dedicated guidance,
encouragement, spends time and exchange orientation for me during this research.
I would like to express my sincere thanks to the Department of Employment -
Ministry of Labor - Invalids and Social Affairs, the Department of Labor - Invalids
and Social Affairs, Hanoi, Lang Son, Ninh Binh, Quang Ninh, Phu Tho, Nghe An,
Thanh Hoa, Quang Nam, Da Nang, Ba Ria - Vung Tau, Binh Duong, Ho Chi Minh
city and Dong Nai has helped me research material, through a questionnaire survey.
I sincerely thank the Board of the University of Labor and Social affair (ulsa),
colleagues in ULSA, classmates DBA1 facilitated enthusiastic help and share my
experience to help complete the dissertation.
Finally, I would like to send the gift to the heart of my family has passed
enthusiasm and encouragement to complete my dissertation.
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SOUTHERN LUZON STATE UNIVERSITY –DBA



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LỜI CẢM ƠN
Tôi xin gửi lời cảm ơn chân thành nhất tới Ban Giám hiệu Southern Luzon
State University, Đại học Thái Nguyên, các thầy giáo, cô giáo của Trường đã tạo điều
kiện giúp đỡ tôi trong suốt quá trình học tập.
Tôi xin bày tỏ lòng biết ơn chân thành và sâu sắc tới PGS. TS. Đinh Ngọc Lan,
giáo viên tâm huyết đã tận tình hướng dẫn, động viên khích lệ, dành nhiều thời gian
trao đổi và định hướng cho tôi trong quá trình thực hiện luận án.
Tôi xin bày tỏ lời cảm ơn chân thành tới Cục Việc làm – Bộ Lao động – Thương
binh và Xã hội; các Sở Lao động – Thương binh và Xã hội: Hà Nội, Lạng Sơn, Ninh
Bình, Quảng Ninh, Phú Thọ, Nghệ An, Thanh Hóa, Quảng Nam, Đà Nẵng, Bà Rịa –
Vũng Tàu, Bình Dương, thành phố Hồ Chí Minh và Đồng Nai đã giúp tôi về tài liệu
nghiên cứu, khảo sát qua bảng hỏi.
Tôi xin chân thành cảm ơn tới Ban Giám hiệu , các bạn đồng nghiệp trường Đại
học Lao động – Xã hội, các bạn cùng lớp DBA1 đã tạo điều kiện, nhiệt tình giúp đỡ
và chia sẻ kinh nghiệm giúp tôi hoàn thành luận án.
Cuối cùng, tôi xin gửi tấm lòng ân tình tới gia đình của tôi đã động viên và
truyền nhiệt huyết để tôi hoàn thành luận án.
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SOUTHERN LUZON STATE UNIVERSITY –DBA



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DEED OF DECLARATION
I, Nguyen Thi Tuyet Van (English name: Helen), hereby submit my
dissertation for oral examination, entitled
“Policy and Recommendations on
Administrative Management of Foreign Labor: Bases for Capability

Building of Domestic Labor”
truthfully declare that the said paper is a product of
my original research investigation.
Signed this …………………… 2013 at Thai Nguyen University




Nguyen Thi Tuyet Van
DBA Candidate
THAI NGUYEN UNIVERSITY
SOUTHERN LUZON STATE UNIVERSITY –DBA



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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 Error! Bookmark not defined.

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 that led 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

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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 complaints and 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

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Article 31: The form of illegal handling of foreign labors 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


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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 on foreign labors.
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List of tables

Table/chart Page
Table 1.1: The cities/provinces of Vietnam using foreign labors 2
Table 2.1: Number of foreign labors in Vietnam 41
Table 2.2:

Qualifications of foreign labors 41
Table 3.1: Distribution of the questionnaire for foreign
workers in the provinces
49
Table 4.1: Some general information about foreign labors in

Vietnam
70
Table 4.2: The policy, legal documents of Vietnam that Foreign
labors known
72
Table 4.3: The information channel transmits legal document to
foreign labors
74
Table 4.4: Opinion of foreign labors on labor license 75
Table 4.5: Opinions of workers of the term (24 months) of
labor license
75
Table 4.6: Opinion of foreign labors promulgating the Act on
foreign labors
76
Table 4.7: The object needs to manage information 77
Table 4.8: The information of foreign labors to register 78
Table 4.9: Appropriate forms to manage foreign labors 79
Table 4.10: The difficulties for enterprises/ organizations on
the implementation of the recruitment provisions to foreign
labors
80
Table 4.11: Additional provisions of the law on compulsory
insurance are 2 types foreign labor to buy
81
Table 4.12: Additional provisions of the law of the place and
work banned the use of foreign labors
81
Table 4.13: The necessity to promulgate the Act on foreign
labor

82
Chart 1.1: The highest level of technical expertise gained 72

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APPROVAL SHEET
This dissertation, entitled
“Policy and Recommendations on
Administrative Management of Foreign Labor: Bases for Capability
Building of Domestic Labor”,
prepared and submitted by Nguyen Thi Tuyet Van
in partial fulfillment of the requirements for the degree of Doctor in Business
Administration has been examined and recommended for acceptance and approval for
ORAL EXAMINATION.
Associate Professor. Dr. Dinh Ngoc Lan Adviser
Approved by the Committee on Oral Examination with a grade of PASSED on
……. 2013
Dr……………………… ………………… Member
Dr……………………… ………………… Member
Dr……………………… ………………… Member
Dr……………………… ………………… Chairman
Accepted in partial fulfillment of the requirements for the degree of Doctor in
Business Administration.
THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY
Dean Dean

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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 and assembly; 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.

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Number

Provinces /Cities Notes Number

Provinces /Cities Notes
1 Ha Noi 24 Quang Ngai
2 Ho Chi Minh 25 Thua Thien Hue
3 Hai Phong 26 Binh Dinh
4 Da Nang 27 Phu Yen
5 Lang Son 28 Khanh Hoa
6 Lao Cai 29 Ninh Thuan
7 Yen Bai 30 Dac Lac
8 Thai Nguyen 31 Lam Dong
9 Phu Tho 32 Binh Duong
10 Vinh Phuc 33 Binh Phuoc
11 Bac Giang 34 Tay Ninh
12 Bac Ninh 35 Dong Nai
13 Quang Ninh 36 Long An
14 Hoa Binh 37 Dong Thap
15 Hai Duong 38 An Giang
16 Hung Yen 39 Tien Giang
17 Nam Dinh 40 Ben Tre
18 Ha Nam 41 Vinh Long

19 Ninh Binh 42 Can Tho
20 Thanh Hoa 43 Kien Giang
21 Nghe An 44 Bac Lieu
22 Quang Nam 45 Ca Mau
23 Quang Tri 46 Baria - Vungtau
47 Binh Thuan
Table 1.1: The cities/provinces of Vietnam using foreign labors
The use of foreign labors in enterprises and organizations in Vietnam has
certain positive effects:
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- 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 context of 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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agencies, academics, journalists but also of other objects. As a lecturer at the
University of relevant labor management (University of Labor and Social affair under
the Ministry of Labor - Invalids and Social Affairs of Vietnam), so the study topic
“Policy and Recommendations on Administrative Management of Foreign Labor:
Bases for Capability Building of Domestic Labor” is needed to play a part in the
improvement of the administrative management of foreign labors and also to cater
directly to teaching.
In recent years, legislation to adjust the field of administrative management of
foreign labors in Vietnam has been focused building by state, issue and continuous
improvement. In that system, the main text is the Labor Code and documents guiding
the implementation, Ordinance on entry, exit, residence and other guiding documents.
* The Labor Code of the Republic of Socialist Vietnam, 1994 (amended and
supplemented in 2002, 2006 and 2007) was a major step forward, marked the

development of the labor market and the labor relations in Vietnam. In labor law
system of Vietnamese, the Labor Code position is important because it regulates a
large field, with far-reaching impact on the entire social life, all economic sectors and
all enterprises, institutions, manufacturing facilities, business and all employees. In
this Code, the regulations on management of foreign labors mentioned in Article 131,
Article 132 and 133. Accordingly, foreigners working in Vietnam must comply with
labor laws of Vietnam and Vietnam's labor law protection. For jobs requiring highly
technical or managerial jobs that Vietnam's labor has not met, the enterprise may hire
a foreign labor rate for certain, period but must have programs and plans training
workers to Vietnam to do the job early and replace them as prescribed Foreigners
working for three months or more for enterprises, organizations and individuals in
Vietnam must have work permits issued by the State management of labor in the
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provinces and cities under central level; duration of work permits according to the
duration of labor contracts, but not exceeding 36 months and may be renewed at the
request of the employer. Foreigners working in Vietnam are entitled to the rights and
fulfill their obligations under the law of Vietnam, except where international
agreements which the socialist Republic of Vietnam has signed or acceded to contain
provisions. To guide the implementation of the Labor Code, the State has issued some
guidelines as follows:
- Decree No. 34/2008/ND-CP dated 25
th
of March, 2008 regulations on
recruitment and management of foreign labor in Vietnam.

- Decree No. 46/2011/ND-CP dated 17
th
of Jun, 2011 amending and
supplementing a number of articles of regulations on Decree No. 34/2008/ND-CP of
25
th
of March, 2008 regulations on recruitment and management of foreign labor in
Vietnam.
- Circular No. 31/2011/TT-BLDTBXH of the Ministry of Labor, Invalids and
Social Affairs guiding the implementation of some articles of Decree No.
34/2008/ND-CP dated 25
th
of March, 2008 of the Government and Decree No.
46/2011/ND-CP of 17
th
of Jun, 2011 amending and supplementing a number of
articles of regulations on Decree No. 34/2008/ND-CP dated 25
th
of March, 2008
regulations on recruitment and management of foreign labor in Vietnam.
1
st
of May, 2013, the new Labor Code of Vietnam officially take effect, the
management of foreign labors will be carried out according to the provisions of
Section 3, Chapter XI of this Code.
For the administrative management of foreign labors working in Vietnam
under the contract labor, Vietnamese law shall provide a procedure is applied to
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foreign labors in the of Public Security department as follows: Please be visas, for
temporary residence after being granted a work permit, work permit renewal or
granting of work permits.
In order to guide the Ordinance on Entry, Exit, Residence, State of Vietnam
has issued two documents:
- Decree No. 21/2001/ND-CP dated 28
th
of May, 2001 of the Government
detailing the implementation of the Ordinance on entry, exit and residence of
foreigners in Vietnam.
- Joint Circular No. 04/2002/TTLT/BCA-BNG dated 29
th
of January, 2012 of
the Ministry of Public Security and Ministry of Foreign Affairs guiding the
implementation of Decree No. 21/2001/ND - CP dated 28
th
of May, 2001 of the
detailing the implementation of the Ordinance on entry, exit and residence of
foreigners in Vietnam.
Vietnamese Labor Code 2012 Parliamentary socialist republic Vietnam
ratified 18
th
of June, 2012. Regulations for foreign laborers working in Vietnam are
given in Chapter XI of this Code.
Accordingly, the provisions referred to in Chapter XI of the labor conditions
of foreign citizens working in Vietnam; labor conditions of employment of foreign

citizens; work permits for workers foreign citizens working in Vietnam; term of the
work permit; cases work permits expire and grant and revoke work permits. At the
same time, the Labor Code of Vietnam labor regulations are foreign citizens working
in Vietnam must comply with the Vietnamese labor law, international treaties to
which Vietnam is a member and Vietnamese law male protection.
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Overall, legislative activities on the management of foreign labors working in
Vietnam has made a fundamental legal basis to implement state management for this
type of labor, while ensuring rights of foreign labors and the obligations that they
have made to the Vietnamese country.
1.2. Statement of the problem
The administrative management of foreign labor in Vietnam in recent times
has achieved some remarkable results as: state management agencies have actively
building legislation, propaganda and urge out. For state management agencies in local
organized labor inspection, inspection companies use foreign labor in the area of their
management; business requires regular reports on foreign labor. In addition, the
administrative management of foreign labors to capability building of domestic labor
has some limitations:
- No Act on foreign labor, these regulations is still part of the Labor code.
- Several outstanding provisions of the law led to the administrative
management of foreign labor are not tight; certain regulations are inappropriate and
should be modified.
- The foreign labor administrative management policy to strengthen the
capacity of domestic labor at the macro level is not really synchronized.

The estimated number of foreign laborers working in Vietnam is the 77.087
persons. Meanwhile, the labor force in Vietnam up to the date 01.10.2012 is 53.1
million people 15 years and over (including the 52.1 million people employed, and
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nearly 1 million people unemployment
1
). The labor force of the region is mostly rural
and accounting 69.4%.
For these reasons, this research will analyze the clarified “Policy and
Recommendations on Administrative Management of Foreign Labor: Bases for
Capability Building of Domestic Labor”.
The questions need to clarify in this study are:
1. What is the policy/regulation of Vietnam on administrative management of
foreign labor?
2. What are the reasons led to enterprises of hiring foreign labor?
3. What reasonable policy/regulation should be reasonable to effectively
administrative management of foreign labor?
4. Which of the government policy/regulation that unreasonable to
recommends on the administrative management of foreign labor?
The above problem, the author will analyze, citing clarified in this
dissertation.
1.3. Significance of the study
The research topic of this dissertation makes sense both in terms of theory and
practice, as follows:

- For the state:
The results of the dissertation is the basis for the state (policy makers, agencies
of state management of foreign labors) to review and consider the issuance of


1
Report labor employment survey, the first nine month of 2012 , General Statistics Office of Vietnam.
(
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policies, law in the future. Since then contribute to the effective administrative
management of foreign labors in enterprises and organizations in Vietnam.
- For employers and foreign labors:
The dissertation research will contribute to improve the rights and obligations
of the two subjects in the labor relation. In particular, the rights and obligations of
foreign labor will be completed towards harmonization with domestic labor for useful
of foreign labor and building capacity for domestic labor.
- For researchers:
The results of the dissertation are used as references in research, teaching
concern administrative management of foreign labor 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:
- Scope of the study: Vietnam.

Vietnam’s territory is divided into 63 provinces/cities. The research scope of
this dissertation is the 13 provinces of 63 provinces, as follows: Hanoi, Lang Son,
Ninh Binh, Quang Ninh, Phu Tho, Nghe An, Thanh Hoa, Quang Nam , Da Nang, Ba
Ria – Vung Tau, Binh Duong, Ho Chi Minh city and Dong Nai.
- Limitation study:
Vietnamese laborers to work overseas contract workers are not included in this
study.
This study not focuses on foreign workers illegally working in Vietnam.
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- Objects of study:
In general, this dissertation study policies/ regulations and make
recommendations on administrative management of foreign labor: bases for capability
building of domestic labor. Specifically, the dissertation will focus on the following
objectives:
1. To describe the policy/regulation of Vietnam on administrative management
of foreign labor.
2. Analysis of the main reasons leading to Vietnam to hire foreign workers.
3. Analysis of the reasonable policy/regulation should be improved to
effectively administrative management of foreign labor.
4. To analyze of the government policy/regulation that unreasonable and to
recommends on the administrative management of foreign labor.
1.5. Definition of terms
For the purpose of dissertation, the terms are interpreted as follows:
- Administrative management of foreign labor:

Administrative management of foreign labor is through a system policy, legal
and institutional mechanisms for agencies to manage of state and control its impact on
the relationship and operation of foreign workforce to most effective use of labor
resources, to achieve the goals of economic - social development the country’s set in
each period of development.
- Employment: All work activities generate income, not prohibited by law are
recognized as employment.
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- Employee shall mean a person who is at least 15 years of age, has the ability
to work, works under an employment contract, is paid and is managed and controlled
by the employer.
- Employer shall mean an enterprise, an egency, an organization, a
cooperative, a household, or an individual who hires or employs a worker or workers
on the basis of an employment contract. In the case of an individual, that individual
must have full capacity of civil acts.
- Enterprises and organizations that use foreign labors as enterprises
operating under the Enterprise Law, Investment Law, foreign contractors contractors
in Vietnam representative office, branch of economic organization , trade, finance,
banking, insurance, science and technology, culture, sports, education, medical
political organizations – social, political and social organizations – professional
organizations, social organizations, social organizations – professional organizations
non-governmental organizations; the business units of the State, medical facilities,
cultural, educational, sports agency authorized to permit the up; project office of
foreign or international in Vietnam, the executive offices of foreign partners in

business cooperation contracts in Vietnam; the practicing organization in Vietnam
under the provisions of the law of Vietnam Cooperatives, unions of cooperatives
established and operating under the Cooperative Law.
- Expert foreign who have expertise, high technical service, research
equipment, techniques or management (including qualified engineers or engineering
equivalent or more; technology the traditional professions) and a 5 (five) years or
more experience in the profession, operating in the manufacturing, sales and
management jobs.
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- Foreigners who have no nationality Vietnam under the Law on Nationality
of Vietnam.
- Foreign labor who is not a national of Vietnam, at least 18 years of age,
whose health is consistent with job requirements; as a manager, executive or experts;
no criminal records on guilty of violating national security; not being prosecuted for
criminal liability, are criminal penalties as prescribed by the law of Vietnam and
foreign laws, having a work permit issued by the State competent authorities of
Vietnam, except for cases that do not require a work permit in accordance with the
laws of Vietnam.
- Labor Management is active management of labor people in a certain
organization, which can manage all subjects affecting management aims to create
common interests of the organization.
- Management is the process of getting activities completed efficiently and
effectively with and through other people.
- Management of foreign labors is the management of foreign laborers in a

given organization, including managers (competent authorities) subject to influence
management (workers the foreigners working in enterprises and organizations in
Vietnam) aims to create common interests of the organization.
- Managers, executives are foreign labors directly manage foreign enterprises
have established a commercial presence in Vietnam, only general supervision or
direction from the board or the neck east of the enterprise or the equivalent; enterprise
management involves directing enterprises or departments or units of commercial
presence, monitoring and controlling the work of the professional technical staff,
management or supervisory staff, have the right to hire and fire or recommend hiring,
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firing or other personnel activities. Managers, executives are not directly performing
tasks related to the provision of services of commercial presence.
- Technical workers are foreign labors specialized training techniques over a
period of 01 (one) year or more, with a diploma or certificate and worked from 03
(three) years or more specialized technical training.
CHAPTER II
REVIEW OF RELATED LITERATURE AND STUDIES
2.1. Review of related studies
2.1.1 Local of studies
- Book of textbooks "scientific management" of the Institute of National
Politics - Administration of Ho Chi Minh, Hanoi 2011.
This book gives the reader the general and basic principles of scientific
management such as: concept, characteristics of management; the basic functions of
management; the principles of management objectives and motivation in management

methods and management tools; the basics of organization and management systems,
information and management decisions and labor management, staff management. In
this book, the authors have written about science and nature management theory and
just the general problem of management, rather than going into management by
industry and sector specific. However, the problem of theoretical general in this book
is essential for applied research into the theoretical framework of this dissertation.
- Monograph book "Labor migration in International law and Vietnamese
law," the authors Nguyen Dang Dung, Pham Hong Thai, Vu Cong Giao – Hanoi
National University, 2011. This book brings together a number of articles, research on
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issues of international labor migration in the context of globalization. To establish a
legal framework for international justice international labor migration and protection
of rights and legitimate interests of migrant workers. International Labor Organization
has issued several agreements and documents, including most importantly the United
Nation about Convention on the rights of migrant workers and members of their
family and both Convention No. 97 and No. 143 of the International Labor
Organization. The authors of this book mention the following:
+ Labor migration: A global trend, a global effort;
+ International legal framework on protection of migrant workers;
+ Protection of migrant workers in Southeast Asia;
+ Export of labor, a number of policy issues and practices;
+ The study evaluates the economic impact - social international migration in
Vietnam.
In this book, the authors studied the migrant workers on a large scale (global,

Southeast Asia). Labor export is an important content of this book. Migrant workers
residing in Vietnam are studied from the angle of impact assessment - economic
society; the authors do not go deep study of foreign laborers working in Vietnam
enterprises and organizations in Vietnam South.
- The paper
+ The article "Do not use foreign labor, as labor Vietnam can meet" the author
Hai Vy, 2010 (Vneconomy).
+ The article "Nearly 57,000 foreign laborers working in Vietnam" by Vu
Quynh, 2010 (Vneconomy).
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SOUTHERN LUZON STATE UNIVERSITY –DBA



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+ The article "Do not hire enough workers in Vietnam, hired foreign labors"
by Vu Quynh, 2011 (Vneconomy).
+ The article "Must report on foreign labors on periodically" by Vu Quynh,
2011 (Vneconomy).
+ The article "Who manages foreign labors in Vietnam?" By Hieu Dung, 2012
(Vneconomy).
The author of the article above is posted on the new Vneconomy is the
investigative reporting of small nature, but nature is not the depth of a comprehensive
study on the issue of foreign labor management work in enterprises and organizations
in Vietnam.
- The Scientific theme "Movement of Natural Persons in the process of
international economic integration" by Master Nguyen Manh Cuong chairman, in
2005. In this study, the authors refers to the general problem of Movement of Natural
Persons in the process of international economic integration as (GATS four modes of

trade and services, contents of Movement of Natural Persons; discussions and
negotiations on Movement of Natural Persons of the world and the region, Vietnam's
commitments on Movement of Natural Persons in the integration) and the problems of
human move set for Vietnam in the process of international economic integration.
In this research, scope of not addressed in depth study of foreign laborers
working in enterprises and organizations in Vietnam. Because Movement of Natural
Persons concern with addressed within the scope of the research projects are common
to all persons in Vietnam and Vietnam may be moved outside the territory of
Vietnam.