11

THE LABOUR DISPATCH THE LABOUR DISPATCH PROGRAM IN VIETNAM & THE PROGRAM IN VIETNAM & THE

PROTECTION OF WORKERS PROTECTION OF WORKERS ABROADABROAD

22

Main contentsMain contents

Overview of the Labour dispatch program in Overview of the Labour dispatch program in VietnamVietnam

Brief on the Labour force of VietnamBrief on the Labour force of Vietnam Measures in Protecting Vietnamese workers abroadMeasures in Protecting Vietnamese workers abroad Planned measures in promoting the Protecting of Planned measures in promoting the Protecting of

Vietnamese workers abroadVietnamese workers abroad

33

Part I.Part I. Overview of the Labour Overview of the Labour dispatch program in Vietnamdispatch program in Vietnam

Development of labor dispatch program In VietnamDevelopment of labor dispatch program In Vietnam

In the 1980 – 1990 periodIn the 1980 – 1990 period In the 1991 – to date period In the 1991 – to date period

Income of overseas workers & income in foreign currency of Income of overseas workers & income in foreign currency of VietnamVietnam

44

Development of labour dispatch Development of labour dispatch program in Vietnamprogram in Vietnam

In the 1980 – 1990 periodIn the 1980 – 1990 period

The labor dispatch program was The labor dispatch program was centrally managed:centrally managed: Vietnam signed Vietnam signed bilateral labor cooperation agreements to supply workers to 4 bilateral labor cooperation agreements to supply workers to 4 countries in the Eastern Europe (Soviet Union, Czechoslovakia, countries in the Eastern Europe (Soviet Union, Czechoslovakia, Bulgaria and East Germany); and agricultural and medical experts for Bulgaria and East Germany); and agricultural and medical experts for some countries in Africa and Middle East. some countries in Africa and Middle East.

The target:The target: Training workers to prepare for the development of VietnamTraining workers to prepare for the development of Vietnam Dispatch the agricultural and medical experts to assist countries in Dispatch the agricultural and medical experts to assist countries in

Africa and in the Middle East.Africa and in the Middle East. Almost 300,000 workers and experts were dispatched.Almost 300,000 workers and experts were dispatched.

55

Development of labor dispatch Development of labor dispatch program in Vietnamprogram in Vietnam

In the 1991 - to date period:In the 1991 - to date period: labor dispatch program followed the labor dispatch program followed the market mechanism with a clear cut between the State administration market mechanism with a clear cut between the State administration and the business activities of the so-called manpower supply agencies and the business activities of the so-called manpower supply agencies (MSA) (MSA)

From 1991 to 1999:From 1991 to 1999: License to dispatch workers for overseas employment was given to License to dispatch workers for overseas employment was given to

state owned agenciesstate owned agencies Target destinations: Japan and South Korea, TaiwanTarget destinations: Japan and South Korea, Taiwan From 2000 to date:From 2000 to date: License to operate in this area was issued to agencies of other License to operate in this area was issued to agencies of other

economic sectorseconomic sectors Main markets: Taiwan, South Korea and Japan, Malaysia, Laos Main markets: Taiwan, South Korea and Japan, Malaysia, Laos

PDR… PDR…

66

The quantity of Vietnamese workers working The quantity of Vietnamese workers working abroad in main countriesabroad in main countries (1995 - 2008) (1995 - 2008)

Unit: personsUnit: persons

NoNo YearYear TotalTotal Countries of DestinationCountries of Destination

TaiwanTaiwan JapanJapan South South KoreaKorea

MalaysiMalaysiaa

OthersOthers

11 19951995 7,1877,187 00 286286 5,2705,270 00 1,6311,631

22 19961996 12,95012,950 00 1,0461,046 7,8267,826 00 4,0874,087

33 19971997 18,47018,470 191191 2,2272,227 4,8804,880 00 11,17211,172

44 19981998 12,24012,240 1,6971,697 1,8961,896 1,5001,500 77 7,1407,140

55 19991999 21,81021,810 558558 1,8561,856 4,5184,518 11 14,87714,877

66 20002000 31,50031,500 8,0998,099 1,4971,497 7,3167,316 239239 14,34914,349

77 20012001 36,16836,168 7,7827,782 3,2493,249 3,9103,910 2323 21,20421,204

88 20022002 46,12246,122 13,19113,191 2,2022,202 1,1901,190 19,96519,965 9,5749,574

99 20032003 75,00075,000 29,06929,069 2,2562,256 4,3364,336 38,22738,227 1,1121,112

1010 20042004 67,44767,447 37,14437,144 2,7522,752 4,7794,779 14,56714,567 8,2058,205

1111 20052005 70,59470,594 22,78422,784 2,9552,955 12,10212,102 24,60524,605 8,1488,148

1212 20062006 78,85578,855 14,12714,127 5,3605,360 10,57710,577 37,94137,941 10,85010,850

1313 20072007 85,02085,020 23,64023,640 5,5175,517 12,18712,187 26,70426,704 16,97216,972

1414 20082008 86,99086,990 31,63131,631 6,1426,142 18,14118,141 7,8107,810 23,26623,266

TotalTotal 650,353650,353 189,913189,913 39,24139,241 98,53298,532 170,089170,089 152,587152,587

77

Income of overseas workers and Income of overseas workers and income in foreign currency of Vietnamincome in foreign currency of Vietnam

Average income of overseas workers is $400 per month, Average income of overseas workers is $400 per month, within 2 year contract, the workers can save from $5,000 to within 2 year contract, the workers can save from $5,000 to $10,000 (after deducting the pre-departure expenses and the $10,000 (after deducting the pre-departure expenses and the expenses during their time working abroad).expenses during their time working abroad).

The dispatch program has contributed significantly in socio-The dispatch program has contributed significantly in socio-economic aspect, to employment generation program, poverty economic aspect, to employment generation program, poverty alleviation, improving the life of the people, promote the alleviation, improving the life of the people, promote the shifting of the economic structure and the labor structure.shifting of the economic structure and the labor structure.

88

Remittance by overseas workers compared Remittance by overseas workers compared to the annual export turnover (2000 – 2006)to the annual export turnover (2000 – 2006)

YearYear TotalTotal Export TurnoverExport Turnover RemittancesRemittances

Amount Amount (bil USD)(bil USD)

Rate Rate (%)(%)

Amount Amount (bil USD)(bil USD)

Rate Rate (%)(%)

Amount Amount (bilUSD)(bilUSD)

Rate Rate (%)(%)

20002000 15,73315,733 100100 14,48314,483 92.0592.05 1.251.25 7.957.95

20012001 16,42916,429 100100 15.02915.029 91.4891.48 1.41.4 8.528.52

20022002 18,15618,156 100100 16.70616.706 92.0192.01 1.451.45 7.997.99

20032003 21,64921,649 100100 20.14920.149 93.0793.07 1.51.5 6.936.93

20042004 28,05328,053 100100 26.50326.503 94.4794.47 1.551.55 5.535.53

20052005 33,87333,873 100100 32.22332.223 95.1395.13 1.651.65 4.874.87

20062006 41,30541,305 100100 39.60539.605 95.8895.88 1.71.7 4.124.12

99

Part II.Part II. Brief on the Labour force of Brief on the Labour force of VietnamVietnam

The current population of Vietnam is almost 85 million people, the The current population of Vietnam is almost 85 million people, the workforce is of 46 million in which, the number of workers under the workforce is of 46 million in which, the number of workers under the age of 35 is 22 million.age of 35 is 22 million.

In the work-force in Vietnam, 33% has gone through general education In the work-force in Vietnam, 33% has gone through general education training and 22% have been provided vocational training.training and 22% have been provided vocational training.

The Vietnamese workers working abroad are appreciated by their The Vietnamese workers working abroad are appreciated by their employers in the receiving countries for being diligent and hard-employers in the receiving countries for being diligent and hard-working. working.

Government’s strategy:Government’s strategy: enhancing the quality of the workforce, enhancing the quality of the workforce, increase the ratio of trained workers, not only for the domestic markets increase the ratio of trained workers, not only for the domestic markets but also for the overseas employment destinations.but also for the overseas employment destinations.

1010

Part III.Part III. Measures in Protecting Measures in Protecting Vietnamese workers abroadVietnamese workers abroad

Concerned sides in protecting workers abroadConcerned sides in protecting workers abroad

Development in legal frame-work in protecting Development in legal frame-work in protecting

overseas workers overseas workers

1111

Concerned sides in protecting Concerned sides in protecting workers abroadworkers abroad

The Government of the Social Republic of VietnamThe Government of the Social Republic of Vietnam The Ministry of Labour, Invalids and Social Affairs The Ministry of Labour, Invalids and Social Affairs

(represented by the Department for Overseas Labour)(represented by the Department for Overseas Labour) The Ministry of Foreign AffairsThe Ministry of Foreign Affairs The Ministry of Public SecurityThe Ministry of Public Security The Ministry of FinanceThe Ministry of Finance The Ministry of HealthThe Ministry of Health The State Bank of VietnamThe State Bank of Vietnam The Provincial People’s CommitteesThe Provincial People’s Committees Manpower supply agencies Manpower supply agencies

1212

Development in legal frame-work in Development in legal frame-work in protecting overseas workers protecting overseas workers

Overview of the legal frame-work:Overview of the legal frame-work: Decree No 370/HDBT (20/9/1991) of the Ministries’ Council;Decree No 370/HDBT (20/9/1991) of the Ministries’ Council; Decree No 07/CP (20/1/1995) of the Government;Decree No 07/CP (20/1/1995) of the Government; Decree No 152/1999/ND-CP (20/9/1999) of the Government;Decree No 152/1999/ND-CP (20/9/1999) of the Government; Labour code promulgated in 1994, amended in 2002;Labour code promulgated in 1994, amended in 2002; Government Decree No 81/2003/ND-CP of July 17, 2003 on detail Government Decree No 81/2003/ND-CP of July 17, 2003 on detail

stipulation and guidance for the implementation of the Labour Code of stipulation and guidance for the implementation of the Labour Code of Vietnamese labour to work oversea.Vietnamese labour to work oversea.

Law on Vietnamese labors working overseas under contract (Law No Law on Vietnamese labors working overseas under contract (Law No 72/2006/QH11) was passed by Legislature XI of the National Assembly of 72/2006/QH11) was passed by Legislature XI of the National Assembly of the Socialist of Vietnam as its 10th Session on 29 December 2006. The the Socialist of Vietnam as its 10th Session on 29 December 2006. The Law came into effect as of 1st July 2007. Law came into effect as of 1st July 2007.

1313

Development in legal frame-work in Development in legal frame-work in protecting overseas workersprotecting overseas workers

Current regulations of Vietnam in protecting workers abroad:Current regulations of Vietnam in protecting workers abroad:

Oligations of Recruitment agenciesOligations of Recruitment agencies Obligations of State management agencies:Obligations of State management agencies: The consular protection for overseas workers The consular protection for overseas workers Expansion of international cooperation to enhance the Expansion of international cooperation to enhance the

protection of Vietnamese workers abroadprotection of Vietnamese workers abroad

1414

Oligations of Recruitment agenciesOligations of Recruitment agencies

To register labor supplying contracts to the DOLAB of MOLISA To publicize criteria and conditions for recruitment of worker, their

rights and obligations. To organize orientation training and education for worker To sign contracts with workers for working overseas; organize the

dispatching of laborers overseas and their return home To have responsibility to monitor, manage and protect the legitimate

interests of workers during the time they work overseas. The recruitment agencies must have representative to manage laborers.

To pay or request foreign partners to pay compensations for damage Agencies, organizations and/or individuals that have violation actions,

depending on the nature and seriousness of their violations, be subject to the punishment according to the provisions of Vietnamese law.

1515

Obligations of State management Obligations of State management agenciesagencies

To coordinate in settling issues arising in the management of To coordinate in settling issues arising in the management of Vietnamese workers working overseasVietnamese workers working overseas

The MOLISA coordinate with the Foreign Ministry and the Ministry The MOLISA coordinate with the Foreign Ministry and the Ministry of Home Affairs in organizing the Laborers Management Section of Home Affairs in organizing the Laborers Management Section under the Vietnamese representation offices in the countries and under the Vietnamese representation offices in the countries and areas where large numbers of Vietnamese workers working areas where large numbers of Vietnamese workers working

1616

The consular protection for The consular protection for overseas workers overseas workers

Facilitate the workers in implementing their legitimate rights and Facilitate the workers in implementing their legitimate rights and responsibilities.responsibilities.

Work with related authorities in the receiving countries whenever the Work with related authorities in the receiving countries whenever the legitimate rights and responsibilities of the workers is abused.legitimate rights and responsibilities of the workers is abused.

Assist workers in case of being captured, seized, imprisoned or jailed.Assist workers in case of being captured, seized, imprisoned or jailed. Represent the workers toward the authorities.Represent the workers toward the authorities. Protect the rights of the workers in cases of inherit, sponsorship or in Protect the rights of the workers in cases of inherit, sponsorship or in

cases of illness, accident or death.cases of illness, accident or death. Protect the workers, Vietnamese citizens who are victims of human Protect the workers, Vietnamese citizens who are victims of human

trafficking, call for those workers who are working illegally to register trafficking, call for those workers who are working illegally to register and legalize their status of staying.and legalize their status of staying.

To protect the workers in the emergency such as natural calamities, war To protect the workers in the emergency such as natural calamities, war in the countries of destination.in the countries of destination.

1717

Expansion of international Expansion of international cooperationcooperation

To negotiate with receiving countries to sign agreements and to cooperate in the field of receiving Vietnamese workers:

With receiving countries which Vietnam does not have agreements, Vietnam has set up the official relations in order to coordinate in managing, assisting the workers during their employment.

Vietnam highly value the study for participating into international treaties relating to protecting the legitimate rights of the workers, expanding the international experience and exchange of necessary experience of other countries.

1818

Part IV.Part IV. Planned measures in promoting Planned measures in promoting the Protection of workers abroad the Protection of workers abroad

For Vietnamese stakeholdersFor Vietnamese stakeholders For cooperation with international partners and other For cooperation with international partners and other

partnering countries partnering countries

1919

For Vietnamese stakeholdersFor Vietnamese stakeholders

To perfect the mechanism, policies in guiding the implementation of the To perfect the mechanism, policies in guiding the implementation of the Law on Vietnamese workers abroad, with strong mechanism to deal with Law on Vietnamese workers abroad, with strong mechanism to deal with organizations, individuals violating this programorganizations, individuals violating this program

To study for new policy to assist in forming competitive recruitment To study for new policy to assist in forming competitive recruitment agencies; agencies;

To enhance the responsibilities of the Ministries, branches and localities To enhance the responsibilities of the Ministries, branches and localities in developing the labor market and the management; in developing the labor market and the management;

To provide instruction to the local authorities and other functional bodies To provide instruction to the local authorities and other functional bodies to enhance the dissemination of information, call for people to abide by to enhance the dissemination of information, call for people to abide by the regulations of the Government on labor dispatchthe regulations of the Government on labor dispatch

To enhance the inspection activities and dealing with violation; To enhance the inspection activities and dealing with violation; To enhance the quality of the workers; to continue speeding the To enhance the quality of the workers; to continue speeding the

coordination model between manpower supply companies and local coordination model between manpower supply companies and local authorities to recruit qualified workerauthorities to recruit qualified worker

2020

For Vietnamese stakeholdersFor Vietnamese stakeholders(continue)(continue)

To implement the signed agreements on labor cooperation to protect the rights of the workers; to promote the negotiation and signing of agreements with other countries

To promote the roles of the union organizations in the formulation of policies, recruitment, training of workers.

To enhance the dissemination of necessary information to related stakeholders and the workers on this program.

To enhance the cooperation with mass media agencies to provide timely information on: policies; demand and labor standards; violation in this program…

2121

For cooperation with international For cooperation with international partners and other partnering countriespartners and other partnering countries

To enhance the cooperation with international organizations to share To enhance the cooperation with international organizations to share the experiences in the labor dispatch program.the experiences in the labor dispatch program.

To discuss and negotiate for the possible signing of labor To discuss and negotiate for the possible signing of labor cooperation agreements with countries of destinations, a foundation cooperation agreements with countries of destinations, a foundation for smooth and effective implementation of the dispatch program, for smooth and effective implementation of the dispatch program, protecting legitimate rights of the workersprotecting legitimate rights of the workers

To cooperate with sending organizations, especially those countries To cooperate with sending organizations, especially those countries in the region with similar situation and conditions, to share in the region with similar situation and conditions, to share experiences and good practices in the program.experiences and good practices in the program.

2222

Thanks for your attentions!Thanks for your attentions!