Bảo đảm quyền của người lao động trong doanh nghiệp có vốn đầu tư nước ngoài ở việt nam hiện nay tt tiếng anh

VIETNAM ACADEMY SCOCIAL SCIENCE
GRADUATE ACEDEMY SOCIAL SCIENCE

PHAM HOANG LINH

ENSURING THE RIGHTS OF EMPLOYEES IN
FOREIGN-INVESTMENT ENTERPRISES IN
VIETNAM NOWADAYS
Major

: Jurisprudence

Specialization

: Economic Law

Code

: 62 38 01 07

ABSTRACTS OF JURISPRUDENCE PhD. THESIS

Hanoi 2019


This work is completed in:

Graduate Academy of Social Sciences
Vietnam Academy of Social Sciences

Supervisors: Associate Prof. PhD. Le Thi Hoai Thu

Opponent 1: Associate Prof. PhD. Tran Thi Thuy Lam
Opponent 2: Associate Prof. PhD. Duong Duc Chinh
Opponent 3: PhD. Pham Sy Chung

This thesis is defended in the presence of the Academy-level Board of PhD.
Examiners held at Graduate Academy of Social Sciences
At

dated … ..2020

This thesis may be searched in:
- National Library of Vietnam
- Library – Graduate Academy of Social Sciences


PREAMBLE
1. Necessity of the title
The Law on Foreign Direct Investment in Vietnam promulgated in 1987,
is the legal basis for the establishment and development of foreign-investment
enterprises. Since then, this type of enterprise has shown an increasingly
important role, contributing to job creation, improving the quality of human
resources, improving technological capacity, competitive capacity for socioeconomic development of the country, contributing to perfect the socialistoriented market economy institution, promoting the expansion of external
relations, international economic integration.
Besides positive contributions mentioned above, many foreign-investment
enterprises still have reality that do not ensured fully the rights of workers, there
are still many violations of laws related to the rights of employees. This situation
has left a bad image for both foreign investors and employees. Therefore, good
implementation of ensuring the rights of employees will contribute to respect the
strictness of law, minimize economic losses for enterprises and negative impacts

on the social order and security and investment environment in Vietnam.
These issues have been attracting interests, deeper research. So, I have
selected the official title “Ensuring the rights of employees in foreigninvestment enterprises in Vietnam nowadays” as my PhD thesis.
2. Research purposes of thesis
Further research to deepen the theoretical issues on ensuring the rights of
employees in general and employees in foreign-investment enterprises in
particular. On that basis, assess the status, giving solutions to improve the law
and improve the efficiency of ensuring the rights of employees in foreigninvestment enterprises comply with international integration in Vietnam
nowadays. To achieve the above purposes, the thesis performs the following
tasks:

Researching theoretical issues on ensuring the rights of employees in
foreign-investment enterprises.

Assessing the implementation of ensuring the rights of employees in
foreign-investment enterprises in Vietnam nowadays.

Proposing some solutions to improve the law and improve the efficiency
to ensure the rights of employees in foreign-investment enterprises in Vietnam
nowadays.


3. Scope and object of research
3.1. Object of research
The regulations of Vietnamese laws, conventions, UN recommendations,
ILO conventions and reality of ensuring the rights of employees in foreigninvestment enterprises in Vietnam.
3.2. Scope of the research

Regarding content: are theoretical and practical issues on ensuring the
rights of employees in foreign-investment enterprises in relation with human

rights in general.

Regarding space: The thesis researches on ensuring the rights of
employees in foreign-investment enterprises in Vietnam today according to the
current law of Vietnam.

Regarding time: The thesis limits the research scope from 2010 to 2020
and vision to 2030.
4. The methodology and research method of the thesis
The research of ensuring the rights of employees in foreign-investment
enterprises in Vietnam nowadays, Ph.D. students based on dialectical
materialism and historical materialism methodology of Marxism-Leninism, Ho
Chi Minh ideology, Party and State’s views on human rights. Specific research
methods are mainly used:

The method of combining theory with practice and the interdisciplinary
and interdisciplinary approach is used in all chapters of the thesis.

The general analysis method is used to link research results from
published works, reports, data in all contents of the thesis in order to understand,
analyze the theoretical, practical issues to conclude scientific judgement,
conclusions in each chapter and general conclusions of the thesis.

The method of comparing jurisprudence is used to compare different
viewpoints, provisions of law in stages and with provisions of international law.

The proven method is used in the contents to provide evidence
(regulations, documents, data, cases, etc) clarifying the opinion, arguments and
comments.


The scientific forecasting method is used to give solutions to improve the
law and improve the efficiency of ensure the rights of employees in foreigninvested enterprises in Vietnam nowadays.
5. New contributions of the thesis


Firstly, the thesis analysed deeply the theoretical basis, the concept, rules,
contents, conditions and measures to ensure the rights of employees in foreigninvestment enterprises.
Secondly, the thesis analysed, assessed the implementation of ensuring the
rights of employees in foreign-investment enterprises in Vietnam nowadays on
the content with 5 aspects: the working right, the right to have income, the
personal rights, the right to associate, the social security right and the reality of
implementing measures to ensure the rights of employees in foreign-investment
enterprises with 4 aspect: from the state, from the employees and the
representative organization of employee, from the employer and the
representative organization of employer and from other measures.
Thirdly, the thesis proposed a number of solutions to improve the law and
improve the efficiency of ensuring the rights of employees in foreign-investment
enterprises in Vietnam nowadays.
6. Scientific significance and practical implication of the thesis
Scientific significance, the thesis systematically studies theoretical issues,
contributing to building, completing the theoretical basis and the law on
ensuring the rights of employees in foreign-investment enterprises in the context
of international integration.
Practical implications, the thesis provides valuable scientific information
in the promulgation and implementation of the law on ensuring the rights of
employees in foreign-investment enterprises in Vietnam nowadays and is a
reference for researching, teaching and for employees in general and for
employees who are working or will work in foreign-investment enterprises in
Vietnam.
7. Structure of the thesis

In addition to the introduction, the list of abbreviations, conclusions, the
list of published works of the author, the list of references and appendices, the
thesis is presented with the structure of 4 chapters, sections and pages.
Chapter 1: Overview of research and the theoretical basis of the title

Chapter 2: Theoretical issues on ensuring the rights of employees in
foreign-investment enterprises
Chapter 3: Reality on ensuring the rights of employees in foreigninvestment enterprises in Vietnam nowadays.
Chapter 4: Improve the law and improve the efficiency of ensuring the
rights of employees in foreign-investment enterprises in Vietnam.


CHAPTER 1: OVERVIEW OF RESEARCH AND ISSUES TO BE
CONTINUED TO RESEARCH
1.1.

Overview of research

1.1.1. Theoretical research on the rights and ensuring the right of
employees
The rights and ensuring the right of employees are issues which has been
of interest to domestic scientists and international scholars [48]; [50]; [62]; [78];
[90]; [91]. The published researches give the concept, characteristics and nature
of human rights in general, in which employees's rights or employees's rights
from the perspective of the Labor law, but has not yet many researches approach
to ensuring the rights of employees in economic law perspective.
1.1.2. Researchs on mechanisms to ensure human rights in general and the
rights of employees in foreign-investment enterprises
These researchs [50]; [81]; [17]; [32]; [60]; ect provided analysis and
evaluation of mechanisms to ensure human rights in general, including the rights

of employees. However, these researchs have not studied yet in depth employees
in foreign-investment enterprises.
1.1.3. Researchs on measures to ensure human rights in general and the
rights of employees in foreign-investment enterprises
Measures to ensure human rights in general and the rights of employees
are ways to make employees's rights implemented in practice, complied with
labor standards. Researching on this issue, many researchs of domestic and
foreign authors [4]; [15]; [19]; [33]; [38]; [61]; [94] that have given their
opinions on ensuring human rights in general and employees's rights in
particular by many different measures.
However, these researchs referred to the role of employees, employers
and professional social organizations in implementing and monitoring the
implementation of employees's rights in foreign-investment enterprises rather
little.
1.1.4. Researchs on reality and solution to improve the law on the rights
and ensuring the right of employees in general, employees in foreigninvestment enterprises in particular


The reality and solutions to complete the law on the rights and ensuring
the rights of employees in general and employees in foreign-investment
enterprises in particular are also issues of concern to many domestic and foreign
scientists [27]; [41]; [ 46]; [63]; [84]; [88]; [92]. Some researchs have analyzed
the violations of employees's rights in foreign-investment enterprises such as:
extending working time; not implementing the labor safety regime well; the
regime of social insurance, health insurance, signing of collective labor
agreements, bonuses, fines, trade union activities are still lacking. From that,
propose some solutions to enhance the role of trade unions, harmonizing labor
relations in foreign-investment enterprises. Some researchs have also analyzed
the inadequacies of some countries's legal systems for the management of
foreign employees and pointed out the challenges with migrant employees

problem and made some recommendations to overcome this real problems.
Besides, there are researchs on social responsibility with ensuring
employees's rights. The authors agree that: carry out social responsibility well
(including: market and consumer responsibilities; environmental protection
responsibilities; employees responsibilities; community responsibility) is one of
the basis that help enterprises develop sustainably to contribute to the
development of the whole society, including employees. However, in reality,
besides enterprises that actively perform social responsibility to the community,
some enterprises have not actively implement social responsibility.
1.2.

A number of comments, evaluations of researchs related to the thesis

title
1.2.1. General assessment of the research situation of title
In general, the researchs and articles analyzed many different aspects and
levels of ensuring the rights of employees in general and employees in foreigninvestment enterprises in Vietnam in the context of globalization. By studying
the situation of research in the researchs and articles that the author has
approached can see that:

A number of researchs have studied the theory on ensuring human rights
in general, including employees's rights in foreign-investment enterprises in
particular. The authors also analyze and give the concept of ensuring human
rights in general, including employees's rights. Although these works have not
mentioned much about ensuring the rights of foreign employees, it is an
important and core source for PhD student’s inheritance on the theory of


ensuring the rights of employees in foreign-investment enterprises in Vietnam
nowadays.


Most of the researches were conducted under the perspective of ensuring
the rights of employees in the period when the economy began to transform, so
it is not suitable with the context of international integration of Vietnam
nowadays and the subjects still focus only Vietnamese labor law. The
international treaties that Vietnam has signed or acceded to have not been fully
studied or not mentioned, so it has not fully shown the factors that have a strong
impact on ensuring the rights of employees in foreign-investment enterprises in
Vietnam nowadays.

Published articles have had a number of assessments on the reality of law
and actual situation in law application in the field of human rights protection in
general without mentioning the rights of employees or recently assessing the
ensuring the rights of Vietnamese employees in the Labor law but not yet
assessed other laws also related to the ensuring of employees's rights such as the
Law on Employment 2013, Law on Investment 2014, Law on Enterprise 2014,
Law on Bankruptcy 2014, Law on Social Insurance 2014, Law on Exit, entry,
transit, ect. Author will absorb the results of these researchs as well as continue
to analyze and evaluate a comprehensive way on both reality and actual situation
from the perspective of economic law in ensuring employees's rights in foreign
investment enterprises, at the same time, pointing out the limitations and
shortcomings of the laws to continue improving the current legislation and
improving the efficiency on ensuring the rights of employees in foreign
investment enterprises.

Researched works, some researchs provided solutions on improving
Vietnamese law to ensure human rights, some researchs also provided solutions
to complete the Labor law on ensuring human rights. However, there has not
been any researchs that provided solutions to complete the law on ensuring the
rights of employees in foreign investment enterprises in Vietnam nowadays.

Conclusions and assessments from published researchs will be an important and
valuable resource for author on inheritance in the researchs part to propose
directions and complete solutions to ensure the rights of employees in foreign
investment enterprises in Vietnam nowadays.
1.2.2. The issues are debated nowadays

Ensuring the right of employees in foreign-investment enterprise in a
socialist-oriented market economy, what extent does it create fair conditions for
subjects to participate in labor relation?



Does ensuring the rights of employees in foreign-investment enterprises
need to be done simultaneously with ensuring the rights of employers?

How should the renovation of employees's rights guarantee mechanism be
held to maintain the leading role of the Vietnam Communist Party, ensure
political stability and attract foreign investment?

Is there a need to change the method to ensure the rights of employees in
foreign-investment enterprises?

What direction is there a need to improve and improve the efficiency to
ensure the rights of employees in foreign-investment enterprises in Vietnam?
With what solutions?
1.2.3. The problems which should be continued to research and develop

Firstly, it is necessary to clarify the concepts of rights and ensure the
rights of employees in foreign-investment enterprises; What are the specific
characteristics between ensuring the rights of employees in foreign-investment

enterprises and ensuring employees’s rights in other enterprises type?

Secondly, what are the conditions of ensuring the rights of employees in
foreign-investment enterprises in Vietnam nowadays?

Thirdly, what is the relationship between ensuring the rights of employees
in foreign-investment enterprises and the implementation of human rights in the
context of international integration and the construction of Vietnam socialist rule
of law state?

Fourthly, reality of ensuring the rights of employees in foreign-investment
enterprises in Vietnam have what inadequacies and problems? Does it need to
continue improving the theory of human rights in general and the rights of
employees in foreign-investment enterprises in particular?

Fifthly, what directions and solutions have been proposed to improve the
efficiency of ensuring the rights of employees in foreign-investment enterprises
in accordance with the conditions of political stability, sustainable development,
comply with the requirements of international integration in Vietnam nowadays?
1.3.

The problems which be posed to research title
1.3.1. Theoretical basis


The theory of business freedom,

The theory of the relationship between social existence and social
consciousness, the relationship between the common and the particular.


The theory of "human rights"

The theory of benefit balance


1.3.2. Research question, research hypothese

The first research question: what is the ensurance of employees's rights
in foreign-investment enterprises? What is the content? What principles,
conditions and measures are required to implement? Does the law need specific
provisions to ensure the rights of employees in foreign-investment enterprises?
Research hypothese: currently, there are many different concepts on
human rights, ensuring human rights including employees, these concepts are
viewed from many different perspectives such as economics, philosophy, law,
ect. However, in the legal aspect, the concept of ensuring the rights of
employees has only been discussed much in the perspective of labor law that has
not been thoroughly considered from the perspective of economic law (Law on
Investment, Law on Enterprise, Law on Bankruptcy, Law on Social Insurance,
Law on Health Insurance, ect)

The second research question: in Vietnam nowadays, how is the reality
of ensuring the rights of employees in foreign-investment enterprises?
Research hypothese: at present, many foreign-invetment enterprises have
well performed to ensure the rights of employees, contributing to building a
harmonious, stable and sustainable labor relations. There are also many foreigninvetment enterprises that have not performed well to ensure the rights of their
employees, causing consequences such as conflict of interests, labor disputes,
loss of business, fleeing employers, bankruptcy of enterprises, ect.

The third research question: how are the legal regulations on ensuring
the rights of employees applied in reality? Is it sufficient? What are the

problems and shortcomings?
Research hypothese: ensuring the rights of employees are recorded in
many different legal documents such as the Constitution, Labor Code, Law on
Employment, Law on Social Insurance, Law on Enterprises, Law on
Bankruptcy, etc have been disclosing limitations and inadequacies (lack of
uniformity) when applied in the context of socialist-oriented market economy
development in Vietnam nowadays have affected legitimate, justifiable rights
and interests of employees in enterprises in general and in foreign-investment
enterprises in particular.



The fourth research question: why is it necessary to continue to amend,
supplement and improve the law on ensuring the rights of employees in foreigninvestment enterprises in Vietnam nowadays?
Research hypothese: it is necessary to ensure the rights of employees in
foreign-investment enterprises from the characteristics of the labor law relations
in this enterprise type. Simultaneously, balancing the benefits to attract foreign
investment.

The fifth research question: what are the directions under our country's
current conditions to improve the law and improve the efficiency on ensuring
the rights of employees in foreign-investment enterprises?
Research hypothese: the law on ensuring the rights of employees in
foreign-investment enterprises is a part of the law on ensuring the rights of
employees in general, so the content and feasibility of the law as well as the
mechanism to ensure the rights of employees, depend on each period of socioeconomic development of the country, depending on the capacity of the state
apparatus, the sense of compliance with the law of the employers and the
employees. Therefore, the rights of employees in foreign-investment enterprises
want to be fully ensured, the objects must strictly implement the obligations and
responsibilities on ensuring the rights of employees in reality.

-

The sixth research question: what solutions help the implementation of

ensuring the rights of employees in foreign-investment enterprises effectively in
the conditions of our country nowadays?
Research hypothese: In order to improve the efficiency of ensuring the
rights of employees in foreign-investment enterprises which needs many
comprehensive and coordinated solutions from the completion of laws,
perfecting legal mechanisms to raising the awareness of complying with the law
of the employers and raising the awareness on the rights and obligations of the
employees themselves in the labor relation.
1.3.3. Approach of the title
Besides, researching to develop a theoretical basis on ensuring the rights
of employees in foreign-investment enterprises, the thesis will focus on research
in the direction of specialized economics law and interdisciplinary law to assess
the reality of law, discovering problems and shortcomings in the regulations,
making scientific arguments on directions and solutions to improve the law on


ensuring the rights of employees in foreign-investment enterprises in Vietnam
nowadays.

The approach from the perspective of economic law: The research title of the
thesis is specialized in Economic Law; therefore, the approach of the title is to study
the guarantee of the rights of employees in foreign-investment enterprises under the
current Vietnamese law from the perspective of economic law; abide by the provisions
of the labor law and put them in relationship with the guarantee of employees' rights in
Law on Employment, Law on Social Insurance, Law on Health Insurance, Law on
Unemployment Insurance, Law on Investment, Law on Enterprise, Law on

Bankruptcy, ect.
The approach from a practical perspective: from well-performing FDI
enterprises and FDI enterprises which have not performed well on ensuring the rights
of employees is the main approach of the topic.
CONCLUSION OF CHAPTER 1
Ensuring the rights of employees in foreign-investment enterprises is not a
new issue and has been studied in various different fields: philosophy,
economics, society, law, ect. PhD student have evaluated topics, book, articles
of domestic and foreign scholars, showing that researchs related to labor rights
ensurance in Vietnam during the period of international economic integration
have been resolved in many aspects both theoretically and practically. However,
there are still some aspects that are remain open or have not been studied in
depth and resolved thoroughly. PhD student will selectively acquire this on the
basis of comprehensive analysis, comment, update, aggregation, system and
inherit the results of published researchs, simultaneously develop theoretical
issues on ensuring the rights of employees in foreign-investment enterprises.


CHAPTER 2: THEORETICAL LAW ISSUES ON ENSURING
THE RIGHTS OF EMPLOYEES IN FOREIGN-INVESTMENT
ENTERPRISES
2.1. The concept of ensuring the rights of employees in foreign-investment
enterprises
2.1.1. The concept, characteristics of labor relations in foreign-investment
enterprises
The labor relations in foreign-investment enterprises is social relations
arising in hiring, using and paying wages between employees and employers are
governed by the law and guaranteed by the state. Labor law relations in foreigninvestment enterprises has characteristics: subject always has foreign elements;
the object is not only affected by the relationship between supply and demand in
the labor market in the country but also in the world; Its content is governed by

various domestic and international laws.
2.1.2. The concept of rights and ensuring the rights of employees in foreigninvestment enterprises
The right of employees in foreign-investment enterprises is the ability of
employees to be treated in certain ways which not prohibited by law or
permitted by the state when participating in labor relations. Employees may
conduct certain activities that are beneficial to their wishes or refuse if it is
unnecessary or disadvantageous.
The subject rights of employees in foreign-investment enterprises are
unified of three possibilities: Firstly, employees can perform certain actions of
their own or conduct themselves according to the law to achieve benefits when
participating in labor relations. Secondly, it is possible to require employers to
fulfill their obligations in order to response the implement of their rights, to
request termination of actions that hinder employees from implementing their
legal rights and obligations. Thirdly, it is possible to request the competent
authorities to ensure their legitimate rights and interests when being abused.
The rights of employees in foreign-investment enterprises in terms of
content are expressed in the following aspects: employment right, income right,
personal right, freedom of association right, social security right.
Ensuring the rights of employees in foreign-investment enterprises is the
combination of the methods and measures prescribed by law and make the rights


of employees implemented in reality, making sure that the employees are
entitled to enjoy, perform, and claim about rights recognized by the society, the
law or things more beneficial than the provisions of law and society.
2.1.3. Conditions to ensure the rights of employees in foreign-investment
enterprises
The State must be object that has decisive player in the operation of the
mechanism to ensure the rights of employees in foreign-investment enterprises;


Must clarify the responsibilities of entities involved in the process of
ensuring the rights of employees in foreign-investment enterprises;

Must be based on socio-economic development, educational level,
cultural and historical traditions;

Must improve the capacity of the system of social organizations and
institutions, which is a condition for performing the function of inspection,
supervision and social criticism during the operation of the mechanism to ensure
the rights of employees in foreign-investment enterprises.
2.1.4. The necessary of ensure the rights of employees in foreign-investment
enterprises

Ensuring the rights of employees in foreign-investment enterprises is one
of the decisive factors in building and developing stable, harmonious and
progressive labor relations.

Ensuring the rights of employees in foreign-investment enterprises to
implement human security and human development on the basis of sovereignty
and national security
2.2. Principles of ensuring the rights of employees in foreign-investment
enterprises

Ensuring the rights of employees in foreign-investment enterprises on the
principle of harmonizing with ensuring the lawful rights and interests of
employers.

Ensuring the rights of employees in foreign-investment enterprises to
perform equally without discrimination


Ensuring the rights of employees in foreign-investment enterprises on the
principle of encouraging agreements that are more beneficial to employees than
regulation of the law.
2.3. Contents of ensuring the rights of employees in foreign-investment
enterprises


2.3.1 Ensuring the right to work freely, not forced
Employment is one of the most basic human rights, because when people
has employment, they will have a stable source of income and life. Ensuring the
employee's freedom of work and not being forced through the restriction on
termination of employment by employers, protecting their employees to work
long-term, unchanged, unreasonably lost jobs, ect.
2.3.2. Ensuring the right to get salary equally, fairly
The right of ensuring income and life is one of the basic rights of
employees, because this is the goal of employees when they join the labor
relations. The law states everyone has the right to be paid equal for the same
work without any discrimination.
2.3.3. Ensuring the personal rights
This is a basic group of rights that must be respected and protected in
order to ensure the life, health, honor and dignity of employees when
participating in the labor relation.
2.3.4. Ensuring the freedom association right of employees
Freedom of association is the right of interaction of employees and
employers. It is one of the international labor standards. The freedom of
association right includes the right of internal association and the right of
external association. The right of internal association is expressed in two
aspects: the right to establish, join an organization representing itself for the
purpose of interaction in labor relations and the right to conduct a strike. The
right of external association is the organization of employees's representatives

working with other subjects, which may be close social partners in the field of
labor such as the Government, Trade Union - the representative organization of
employees.
2.3.5. Ensuring the right of social security
Ensuring the right of social security is to provide the welfare for
employees through the State mechanism to prevent the decline in living
standards or improve low living standards. On the basis of legal and practical,
social security responsibilities of enterprises are expressed in two aspects:
compulsory social security and non-compulsory social responsibility. In which,
compulsory social security activities are mandatory activities prescribed by the
State to ensure the social security rights of employees when participating in
labor relations, non-compulsory social security activities are the commitment


and behaviour of enterprises to improve the quality of life of the workforce and
their families.
2.4. Measures to ensure the rights of employees in foreign-investment
enterprises
2.4.1. Measures to ensure the rights of employees from the State

Firstly, the State ensures the rights and interests of employees by
administrative measures. This measure is reflected in the provisions of the
national law on inspection and sanctioning of violations. In Asean countries, the
inspection model consists of: unified inspection and two inspection systems. The
model of unified inspection (also called general inspection in which the labor
inspectorate is responsible for: employment, relations jobs, occupational health
and safety, occupational hygiene organized in Vietnam, Laos, Myanmar,
Cambodia, Indonesia, Philippines, Thailand, Malaysia. The model of two labor
dispute investigation systems is a model in which at least two different
government agencies are responsible for labor inspection: agencies conducting

general inspection of working conditions, salary, labor relations and specialized
inspection agencies on occupational safety, occupational health and working
environment.
Secondly, the State ensures the rights and interests of employees by
judicial measures. This is a measure that is passed through decisions and rulings
of competent agencies (judicial activities of the Court) to ensure the rights of
employees when labor disputes occur and other methods of settlement such as
mediation, negotiation do not achieve results. In Europe, some countries have a
Labor court specialized in resolving labor disputes. There are no labor courts in
the United States, Russia, Japan, ect so labor disputes are brought to civil courts.
2.4.2. Measures to ensure the rights of employees from the employee and the
employee's representative organization
This group of measures includes: employees ensure their own rights;
employees link together as collective rights through the activities of a
representative organization (trade union model or a parallel model of both types
of labor collective representatives, which is trade union and organization not
part of a union system) to guarantee their rights.
2.4.3. Measures to ensure the rights of employees from the employer and the
employer's representative organization


Measures to ensure the rights of employees from the employer and the
employer representative organization are measures to show respect and strictly
perform the obligations prescribed by the law. Simultaneously, the employer
also adopts the social responsibility of enterprise to ensure labor safety, labor
hygiene, social insurance, health insurance, unemployment insurance, accident
insurance, occupational diseases, social assistance, ect better.

CONCLUSION OF CHAPTER 2
Researching the theoretical basis of ensuring the rights of employees in

foreign-investment enterprises, the thesis analyzed the concepts, conditions,
principles, content and measures to ensure the rights of employees in foreigninvestment enterprises. Due to the complicated and diverse nature of
employees's rights in foreign-investment enterprises in particular, the security
measures are also very diverse, such as taking measures directly from the State,
representatives, voluntary measures, agreement, ...; In addition, it is also
indirectly through reply and suggestions from professional social organizations,
economic associations, political organizations, socio-political organizations, ect
in the context of Vietnam is are promoting the industrialization and
modernization.


CHAPTER 3: REALITY ON ENSURING THE RIGHTS OF
EMPLOYEES IN FOREIGN-INVESTMENT ENTERPRISES IN
VIETNAM NOWADAYS
3.1. Overview of the foreign investment enterprises in Vietnam
Vietnam has 714.000 enterprises including 16.178 foreign investment with 18%
of GDP. Job in FDI sectors increases 3,4%. There was only 330.000 people in
1995, but now more than 3.6 milion people; creates 5 – 6 milion of jobs.
3.2. Reality of content on ensuring the rights of employees in foreigninvestment enterprises in Vietnam
3.2.1. Regarding ensuring the employment right of employees
Ensuring the the employment right of employees in foreign-ivestment
enterprises is firstly to ensure the freedom of labor and freedom of employment
for employees. To ensure this right, the law prohibits discrimination, forced
labor, hired employees who are below the minimum working age from
employers; stipulates that employees are allowed to choose professions,
workplaces, vocational training, training and improving occupational skills
qualifications; ensured jobs which comply with the jobs and places of work, the
terms agreed upon in the labor contracts, ensured jobs in case the enterprise
changes its organizational structure, production technology or splits, merger,
consolidation. For foreigners (foreign employees and employers) in foreignivestment enterprises, their employment right must meet certain conditions:

ensuring of entry and exit conditions, conditions of work permits.
3.2.2. Regarding ensuring the incomes right of employees
Income rights has significant meaning with employees in general and
employees in foreign-ivestment enterprises in particular because incomes is a
direct impact on the daily lives of employees and their families. The 2019 Labor
Code has the entire Chapter VI (from Article 90 to Article 104) to regulate
salary. Accordingly, the employer must pay salary directly, fully and on time;
pay overtime pay, salary for working at night/on weekend/on holidays for
employees.
3.2.3. Regarding ensuring the personal right of employees
Article 35, Constitution 2013 states that: “Employees are ensured fair and
safe working conditions; receive salaries and rest regimes”, besides the
provisions of the Constitution, Labor Code, Labor Sanitation and Safety Law
regard human rights as one of the basic and important rights for employees in


general and employees in foreign-ivestment enterprises in particular under
provisions of the Constitution. The law stipulates that employees are ensured
labor safety and sanitation, ensure reasonable working and rest time, on the
contrary employers are strictly prohibited from mistreating employees, forced
labor, exploitation of labor force, violations to employment or honor and dignity
of employees, ect.
3.2.4. Regarding ensuring associaation rights of employees
Since the 1990s, the labor regulations for foreign-investment enterprises
issued with Decree No.233/HDBT dated June 22, 1990 stipulate: “The labor
representative is the president or the person authorized by the trade union
executive committee of Vietnam General Confederation of Labor system”. Along
with that, some other documents continue to acknowledge in reality, employee
representatives include: grassroots trade union or representatives of the labor
collective elected and may only perform certain acts. Up to now, the Labor Code

2019 has stipulated in Chapter 13, from Article 170 to Article 178, the guarantee
of employees's freedom of association has been improved, but still general, need
Government’s guidance.
3.2.5. Regarding ensuring social security rights of employees
The Constitution 2013 states that: "Citizens have the social security
right". Along with the provisions of the Constitution, the legal system of social
security is increasingly completed with the issuance of many important legal
documents such as: Labor Code 2019, Law on Social Insurance, Law on Health
Insurance, Ordinance on preferential treatment of people with meritorious
services to the revolution, Law on Employment, Law on Labor Sanitation and
Safety, Law on Vocational Education, Law on the Elderly, Law on Persons with
Disabilities, Law on Children, Law on Prevention of Domestic Violence, ect.
Whereby, regarding the model, the social security system in Vietnam includes 3
main pillars: Insurance regimes: social insurance, health insurance and
unemployment insurance; Social incentives; Social assistance.
3.3. Regarding measures to ensure the rights of employees in foreigninvestment enterprises in Vietnam
3.3.1. Actual situation of applying measures to ensure the rights of
employees in foreign-investment enterprises from the State
The State is an important subject on ensuring the rights of employees in
general and employees in foreign-investment enterprises in particular because
the State is the subject can ensure the rights of employees in foreign-investment


enterprises in many ways: administrative measures, judicial measures, socioeconomic measures, ect.
3.3.2. Actual situation of applying measures to ensure the rights of
employees in foreign-investment enterprises from the employees and their
representative organizations
Firstly, beside the division of employees who are aware of the importance
of ensuring their own rights, there is a significant part of the employees in
general and the employees in foreign-investment enterprises in particular have

not yet been proactive, actively implemented the rights under the law, such as
the right to dialogue, negotiating, the right to consult, the right to join trade
unions, ect. From that, leading to a situation that employees are weaker in labor
relations.
Secondly, as of 2019 the number of grassroots unions in foreigninvestment enterprises is 8,431 units with 3,619,292 union members. In general,
foreign-investment enterprises with trade union organization have implemented
many meaningful programs such as: dissemination, propaganda, consultant for
employees; speeding up negotiation to sign a collective labor agreement, ect.
However, there is still a part of trade union organization which is still hard and
formal, not really come from the characteristics of enterprises and legitimate
aspirations of employees
3.3.3. Actual situation of applying measures to ensure the rights of
employees in foreign-investment enterprises from the employers and their
representative organizations
Firstly, at present, most employers in foreign-investment enterprises have
been aware of the necessity, meaning and importance of ensuring the rights of
employees. A part of employers in foreign-investment enterprises has been
proactively conducting dialogues with employees at the workplace,
implementing the grassroots democracy regulation, organizing labor conferences
to contribute to reducing strikes; building a harmonious and stable labor
relations at enterprises. However, besides the positive results achieved, there is
still a part of employers in foreign-investment enterprises that have not seriously
implemented, violated rights of employees, led to labor disputes or stopped
collective work, ect.
Secondly, Vietnam Chamber of Commerce and Industry (VCCI) and
Vietnam Cooperative Alliance (VCA) are organizations that represent
employers to support the development of harmonious and stable labor relations;


supervise the implementation of labor law provisions of employees. However, in

reality, their activities are still limited.
3.3.4. Actual situation of applying measures to ensure the rights of
employees in foreign-investment enterprises by other measures
Besides the above measure, foreign-investment enterprises also ensure the
rights of employees through the implementation of social responsibility. Beside
the businesses implement social responsibility well (enterprises from Northern
Europe, Japan, ect), there are still many enterprises that have not paid attention
and even violated social responsibilities in general and responsibilities for
employees in particular.
3.4. Assessing the actual situation of ensuring the rights of employees in
foreign-investment enterprises in Vietnam nowadays
The legal system on ensuring the rights of employees in general, including
foreign employees in foreign-investment enterprises in Vietnam has been
developed, completed and complied with the provisions of international law
which Vietnam is a member. However, besides the positive side, there are still
certain limitations: not ensuring the consistency among laws, some regulations
of Labor Code have yet to follow-up the development of the market economy
and lack of implementation guidelines.
Actual situation of ensuring the rights of employees in foreign-investment
enterprises in Vietnam from the State, employees, employers and representative
organizations has both positive side and limited side.
CONCLUSION OF CHAPTER 3
From the above analysis, it shows that researching the reality of ensuring
the rights of employees in foreign-investment enterprises in terms of content
including: ensuring employment rights, incomes right, personal rights, associate
rights, social security right and assessing from the perspective of the subjects
implementing measures to ensure the rights of employees: the State, the
employers and their representative organization, the employees and their
representative organization, other measures. What are the ways to implement
employments's rights ensurance? What extent is enforcement effectiveness

assessed? Depending on many factors such as social responsibility of
enterprises, legal awareness, sanctions, the rigor of competent agencies, policies
to encourage and attract investment, ect.
The legal system on ensuring the rights of employees in general, including
employees in foreign-investment enterprises in Vietnam has been developed and


improved. From Constitution 2013, Codes, Laws, Decrees, Circular, ect have
institutionalized to ensure the rights of employees in general and employees in
foreign-investment enterprises in particular. The law is an important tool to
ensure the rights of employees in foreign-investment enterprises beside
economic and social measures.
CHAPTER 4: IMPROVING THE LAW AND IMPROVING THE
EFFICIENCY OF ENSURING THE RIGHTS OF EMPLOYEES IN
FOREIGN-INVESTMENT ENTERPRISES IN VIETNAM
4.1. Requirements and directions for improving the law and
improving the efficiency to ensure the rights of employees in foreigninvestment enterprises in Vietnam
Requirements in improving the law and improving the efficiency of
ensuring the rights of employees in foreign-investment enterprises in Vietnam
are: building harmonious, stable and progressive labor relationships; ensuring
the importance of the representative organization of employees in labor
relations; meeting requirements of international integration.
The direction to improve the law and improve the efficiency to ensure the
rights of employees in foreign-investment enterprises in Vietnam are:
overcoming the inadequacies of the current regulations, innovating the State
management tools in the field of labor; ensuring consistency in adjustment and
law enforcement, reconciling flexibility and sustainability in the conditions of
market economy development in Vietnam in the context of international
integration; internalizing gradually the international labor standards; continue to
improve the market mechanism to create favorable conditions for the

development of labor market elements; improving the law on ensuring the rights
of employees should face challenges before the Industrial Revolution 4.0
affecting labor relations in foreign-investment enterprises in Vietnam.
4.2. Solutions to improve the law and improve the efficiency to ensure
the rights of workers in foreign-investment enterprises
4.2.1. Completing a number of provisions on content to ensure the
rights of employees in foreign-investment enterprises
Firstly, completing the legal regulations to ensure the right to work of
employees in foreign-investment enterprises
Secondly, completing the legal provisions on ensuring income for
employees
Thirdly, completing the legal provisions to ensure the personal rights of
employees


Fourthly, concretize legal provisions on ensuring of trade union freedom
of employees in foreign- investment enterprises.
Fifthly, complete and concretize the legal provisions to ensure the social
security rights of employees in foreign-investment enterprises
Sixthly, concretizing the law provisions on labor dispute resolution, the
provisions on administrative procedures related to employees
4.2.2. Capacity building of subject in ensuring the rights of employees
in foreign-investment enterprises
Firstly, improving the capacity of State management agencies in ensuring
rights of employees in foreign-investment enterprises.
Secondly, solutions to improve the capacity of employees and employees's
representative organizations.
Thirdly, solutions to improve the capacity of employers and employers'
representative organizations.
Fourthly, improving the capacity of other entities (Socio-political

organizations, social-professional organizations ...)

CONCLUSION OF CHAPTER 4
With the content analyzed in Chapter 4, it shows that improving the law
on ensuring the rights of employees to overcome the shortcomings, limitations
on employment rights, imcomes right, personal rights, freedom of association,
the right to social security ensures better than the rights of employees in foreigninvestment enterprises.
To improve the efficiency of ensuring the rights of employees in foreigninvestment enterprises, the following subjects are required: Government,
employees, representative organization of employees, employers, representative
organization of employers and other subjects need to be proactive, more active
in enforcing the law on ensuring the rights of employees in foreign-invested
enterprises. Therefore, in order to improve the law on ensuring the rights of
employees, It is necessary to codify in writing a high-value legal document
which have widely disseminated and hardly ever change with contents comply
with ILO's international labor standards, ensuring consistency and uniformity
with the whole current legal system in Vietnam.


CONCLUSION
Ensuring rights of employees in foreign-investment enterprises is no
longer a new phenomenon but it has always been topical. This is a problem that
has been getting much attention from researchers, policymakers, legislators. The
law on this issue has been gradually improved through the country's
development periods. However, the current regulatory effect has yet to meet the
economic development requirements in the integration period, especially
provided that Vietnam has participated in CPTPP and ratified Convention 98 of
ILO. So research: “Ensuring the rights of employees in foreign-investment
enterprises in Vietnam nowadays”, clarified the theoretical and practical
issues of legal adjustment to propose solutions and recommendations to improve
the law in this area. The research results of the thesis can draw the following

conclusions:
1. Ensuring the rights of employees in foreign-investment enterprises are
governed by labor relations in this type of enterprises. Whereby, employees are
committed to completing a type of work, fully complying with labor regulations
and other internal regulations during the labor process; The employer must
fulfill the obligations to the employee as committed, pay wages based on
productivity, quality, and performance. The laws of the countries in the world
are similar in terms of the obligations of the employer to the employee and the
degree of dependence of the employee on the employer. Besides, labor relations
in foreign-investment enterprises are complex, including both domestic and
legal foreign employees and illegal foreign employees, The employer has a
nationality of foreign and Vietnam employer. To attract the foreign workforce,
the laws of countries stipulate specific conditions on qualifications, work
permits, labor term, ect to select or regulate.
2. The current legislation on ensuring the rights of employees in general
and foreign employees in particular, working in foreign-investment enterprises
in Vietnam has been gradually improved, The amendments and supplements
also follow the approach of ILO and UN conventions, ect. In addition to the
positive and positive progress, the law on ensuring the rights of employees in
foreign-investment enterprises in Vietnam also has inadequacies and limitations
such as not yet synchronized, many inconsistent regulations no longer suit the


labor market reality as well as the development of the market economy or are
incompatible with international treaties that Vietnam has signed or acceded to.
These inadequacies have affected the rights of workers and to the interests of
employers, and the common interests of society.
3. Improving the law to ensure the rights of employees in foreigninvestment enterprises in Vietnam must ensure both theoretical and practical
requirements. First of all, it is necessary to internalize the international legal
regulations to which Vietnam is a party to or has ratified. Continue institutional

reforms to improve the efficiency of state agencies and entities in the
mechanism to ensure the rights of workers in general and employees in foreigninvestment enterprises in particular. In the process of promulgating and
enforcing laws to ensure the rights of employees in foreign-investment
enterprises, Vietnam needs to learn the experiences of developed countries in the
world.