In the current context of globalization, international migration is becoming a big issue that no nation alone can resolve on its own. It is attracting most countries’ attention’ due to its impacts on national socio-economic development and political stability. Vietnamese migrant workers are one of the vulnerable groups. They have high risks of physical and mental abuse and have to face many challenges throughout the whole migration process to work abroad.
1. Exacerbation of Illegal Labor Migration and Associated Legal Gaps
The IOM report reveals a significant number of Vietnamese workers abroad, yet the statistics on illegal migrants remain incomplete. The Covid-19 pandemic intensified this issue, with many illegal workers returning to Vietnam, underscoring the shortcomings in the management of overseas workers. Various factors contribute to illegal migration, including economic hardship, family pressures, and the desire to escape domestic violence or debt. The allure of success stories from smuggled immigrants can also encourage others to take similar risks. Furthermore, cumbersome legal procedures, long waiting times, and inadequate official information lead many workers to seek informal channels. The current Vietnamese legal framework fails to effectively deter the illegal migration of workers, as enforcement measures against illegal sending practices are insufficient.
2. There Are Still Difficulties in Controlling the Activities of Labor Export Enterprises, Especially in Training and Retraining and Collecting Labor Fees
By the end of 2019, the number of labor export enterprises in Vietnam is about 421 (15 state-owned enterprises). According to the 2006 Law on Vietnamese Guest Workers under Contract and guidance documents, sending Vietnamese workers abroad is in a conditional business field. However, in reality, some enterprises do not meet the conditions prescribed by law but still recruit labor export, leading to a situation in which enterprises are not able to send workers abroad safely according to the Agreement. Then, enterprises that provide labor export services often do not concentrate or cannot control the workers’ activities in the receiving country.
In addition, according to the provisions of this Law and Circular 21/2007/ TT-BLDTBXH dated October 8, 2007, the recruitment of workers to work abroad must be done publicly, directly, and is not allowed to collect recruitment fees from employees. However, the recruitment process for international migrant workers is often multifaceted, requiring the participation of many organizations and individuals. To send labor to work abroad, the employees had to pay a huge amount of money to the labor export agents and brokers. Most of them have to rely on family members, banks, and labor suppliers to cover the cost of working abroad. Thus, in most cases, before going abroad to work, workers were heavily indebted to loans, despite the State’s efforts in providing financial support channels for them through funds and state banks from which workers can borrow money at low-interest rates. A huge debt is another incentive for migrant workers to accept terminating their official jobs and/or overstaying their home country to do other illegal jobs because “they are under pressure to earn more than they can legally pay off their debt”. This makes it difficult for the governments of Vietnam and receiving countries to protect migrant workers.
3. Awareness of Workers and Their Families on Legal Provisions on Migrant Worker’s Rights Remains Limited
The majority of Vietnamese migrant workers are unskilled and originate from rural areas, which limits their foreign language proficiency and understanding of legal rights. Consequently, access to accurate information about labor policies and the legal framework is often poor, primarily coming from informal sources like friends and brokers. Many workers lack the discipline required to adhere to legal standards in host countries, leading to violations of labor contracts and subsequent legal troubles. Additionally, some workers struggle with integration into local communities, which can result in isolation. When faced with rights violations, many do not report these issues due to language barriers, fear of job loss, or the risk of deportation. Research indicates that only about 4% of Vietnamese migrants pursue compensation for abuses suffered while abroad. This reluctance extends to seeking assistance from both local authorities and Vietnamese diplomatic missions, creating further obstacles for state agencies aiming to support these individuals.
4. The Immigration Policies of Developed Countries Have Changed, Making It More Difficult for Vietnamese Workers to Find Jobs in These Countries
Recent political, economic, and social upheavals have prompted European nations to reassess their immigration policies, particularly in light of increased crime linked to migrant populations. The perception of Europe as a safe haven has diminished, especially after high-profile attacks attributed to immigrants. This shift has led to a more cautious approach to immigration in many EU countries, complicating the legal pathways for Vietnamese workers seeking employment abroad. As these avenues become more restricted, the demand for labor remains, often driving workers toward unofficial and potentially dangerous migration routes. To address these challenges, the Vietnamese government must implement effective training programs to enhance the skills and qualifications of its workers, alongside developing supportive policies that enable legal access to international labor markets. Achieving these goals will require concerted efforts from both the state and the workers themselves, emphasizing the need for systemic change and better awareness of legal options.
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1. Luật sư Vũ Thị Phương Thanh, Giám đốc Công ty Luật TNHH TLA, Đoàn Luật sư Hà Nội, email: vtpthanh@tlalaw.vn;
2. Luật sư Trần Mỹ Lê, Chủ tịch HĐTV Công ty Luật TNHH TLA, Đoàn Luật sư Hà Nội; email: tmle@tlalaw.vn
_Nguyễn Anh Phương_