Tài liệu Policy and recommendations on administrative management of foreign labor bases for capability building of domestic labor

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 i THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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. ii THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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. iii THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 iv THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 v THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 vi THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 vii THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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. viii THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 49 workers in the provinces Table 4.1: Some general information about foreign labors in 70 Vietnam Table 4.2: The policy, legal documents of Vietnam that Foreign 72 labors known Table 4.3: The information channel transmits legal document to 74 foreign labors Table 4.4: Opinion of foreign labors on labor license 75 Table 4.5: Opinions of workers of the term (24 months) of 75 labor license Table 4.6: Opinion of foreign labors promulgating the Act on 76 foreign labors 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 80 the implementation of the recruitment provisions to foreign labors Table 4.11: Additional provisions of the law on compulsory 81 insurance are 2 types foreign labor to buy Table 4.12: Additional provisions of the law of the place and 81 work banned the use of foreign labors Table 4.13: The necessity to promulgate the Act on foreign 82 labor Chart 1.1: The highest level of technical expertise gained ix 72 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA APPROVAL SHEET This dissertation, entitled “Policy and Administrative Management of Foreign Labor: Building of Domestic Labor”, Recommendations on Bases for Capability 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 x THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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. 1 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA Number Provinces /Cities Notes Number Provinces /Cities 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 Notes 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: 2 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA - 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 3 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 4 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 25th of March, 2008 regulations on recruitment and management of foreign labor in Vietnam. - Decree No. 46/2011/ND-CP dated 17th of Jun, 2011 amending and supplementing a number of articles of regulations on Decree No. 34/2008/ND-CP of 25th 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 25th of March, 2008 of the Government and Decree No. 46/2011/ND-CP of 17th of Jun, 2011 amending and supplementing a number of articles of regulations on Decree No. 34/2008/ND-CP dated 25th of March, 2008 regulations on recruitment and management of foreign labor in Vietnam. 1st 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 5 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 28th 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 29th 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 28th 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 18th 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. 6 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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 7 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA nearly 1 million people unemployment1). 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. (http://www.gso.gov.vn 8 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA 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. 9 THAI NGUYEN UNIVERSITY SOUTHERN LUZON STATE UNIVERSITY –DBA - 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. 10