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1. Full name: Vu Minh Tien
2. Sex: Male
3. Date of birth: 23/08/1973
4. Place of birth: Yen Bai province
5. Admission decision number:145/SĐH Dated 06/07/2005
6. Changes in academic training process: 1 year – extension training. Training time from 9th December 2005 to 31st December 2009, extended to 31st Deceber 2010( Document No 934/QĐ – KL, 31st December 2009, Faculty of Law)
7. Thesis title: State management of labour in enterprises in Vietnam
8. Major: Theory and History on State and Law
9. Code: 62.38.01.01
10. Supervisors: Associate.Prof.Dr. Bui Xuan Duc, Associate.Prof.Dr. Trinh Duc Thao.
11. Summary of the new findings of the thesis:
– Systematize theoretical basis, determine the role, characteristics and contents of the State management of labour in enterprises in the development context of the market economy and international integration:
+ State management of labour in enterprises in Vietnam does not only mean “to manage” but also to support; not to cause “obstacle” but to facilitate the parties in the labor relations. State management of labour in enterprises does not only involve the legal aspect but also the social, human, economic and political aspects.
+ In the market economy, it is considered a sucessful state management of labour in enterprises if the appropriate division and selection are adopted between the government and the market. With regards to the relationship and issue of economic and market nature, the government leave room for the market to govern thereof by providing framework for the parties to conduct negotiation under market mechanism. The Government provides control rules and “limitation” for market regulation while it exercises its role as arbitrator and supervisor. With regards to the relationship and issues of social nature and social security nature, the government should provide specific rights and obligations for the the parties while it plays the role as an inspector, supervisor and deal with violation acts. In order to ensure the validity and improve the effectiveness of the state management of labour in enterprises, all countries should pay due attention to building the legal system; implementing the supervision, inspection and imposing sanction on the violators; directly supporting the employees and enterprises; settling disputes and conflicts among the parties; setting up and maintaining the state management mechanism of labour in enterprises.
– Analyze and evaluate the positive sides, weaknesses of the State management of labour in enterprises in Vietnam in current period: In Vietnam, during the Doi Moi period, besides the achievements, the state management of labour in enterprises still shows numerous shortcomings and weaknesses: (i) the labor legislation in enterprises remains incompatible with the market mechanism; (ii) inspection, supervision and imposing sanction on the violators are the weakest parts of the state management of labour in enterprises; (iii) the state’s support to the parties in the industrial relations is not practically efficient. (iv) Solutions for dispute settlement that is appropriate with the nature of the market and labor relations have not been worked out. (v) The unfair practice in industrial relations still commonly exists in enterprises.
– Suggest views and solutions to improve the effectiveness of the State management of labor in enterprises in Vietnam in the current period: To improve the effectiveness of the state management of labour in enterprises in Vietnam in the current period, it is important to focus on abolishing the current weaknesses of the state management mechanism, at the same time to gradually set up contents and methods of modern management modes to meet the new demands of the state management of labour in enterprises in Vietnam: (i) to revise the labor legislation to make it more suitable with the socialist–oriented market economy; (ii) to promote the direct support to the employees and enterprises; (iii) to strengthen the organizational structure, increasing the resources invested in state management of labour in enterprises; (iv) to flexibly utilize different modes of management and establish legal mechanism for the actual implementation of negotiation, dialogue and mediation in labour relations; (v) to set up and operate the genuine “tripartism” in Vietnam
12. Practical applicability, if any: to be used as a reference in research, teaching on State management of labor and labor law at undergraduate, postgraduate levels; providing reference for the revision of the Labor Code, Trade Union law; State officials, union officials and employers in their practical work.
13. Further research directions, if any: to study and improve labor laws in the context of accelerating a comprehensive reform in Vietnam in intensive aspects such as direct support to workers, enterprises and labor relations; to strengthen management apparatus, dialogue and negotiating mechanisms in labor relations; to set up and operate the genuine “tripartism” in Vietnam, institutionalize international labor standards ...
14. Thesis–related publications:
1) “The actual situation of migrant female workers’ issues and its relationship to human trafficking” (Survey in Dong Anh and Gia Lam Districts of Hanoi city), – co–implementedwith the Center forCooperationHuman ResourceDevelopmentC&DandActionAidVietnam(English, Vietnamese), Hanoi 2008.
2) “Minimum wages in Vietnam”, International Conference, Germany 2009.
3) “The affect of economic crisis on migrant female workers and the risk of human trafficking”’, co–implementedwith the Center forCooperationHuman ResourceDevelopmentC&DandActionAidVietnam(English, Vietnamese), Hanoi 2009.
4) “Labor and trade unions in Vietnam” (under the project "Enhancing the role of workers and trade unions in Vietnam" the European Union and Vietnam Academy of Social Sciences), Hanoi 2009.
5) “The enforcement of the right of representation, negotiation of employees in Vietnam”, International Labor Organization, Hanoi, 2010
6) “Policy reviews on immigrant workers, especially female workers” (co–implemented with the Center forCooperationHuman ResourceDevelopmentC&D and ActionAid Vietnam), Hanoi, 2010.
7) “Theory of the State management of labour in enterprises in Vietnam”, Labor and Unions Journal, No.459, 9/2010, pp.8 – 9.
8) “Some solutions to improve State management of labour in enterprises”, Labor and Unions Journal, No.390, 9/2010, pp.19 – 20, 25.
9) “State management, mainly by means of laws, of labour in enterprises in Vietnam”, Journal of European Studies, No.120, 9/2010, pp.76 – 85.
10) “Minimum Wages and incomes of employees in enterprises through actual surveys” (the research belongs to a cooperation program between Vietnam General Confederation of and Norwegian Trade Unions), Hanoi, 2010.
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