Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.Corporate social responsibility in guarantee human right in Vietnam currently.
Trang 1VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
NGUYỄN DIỆU LINH
CORPORATE SOCIAL RESPONSIBILITY IN GUARANTEE
OF HUMAN RIGHT IN VIETNAM CURRENTLY
Major: Constitutional and Administrative Law
Code: 9.38.01.02
ABSTRACT OF DOCTORIAL THESIS OF LAWS
HÀ NỘI - 2021
Trang 2The work is completed at
GRADUATE ACADEMY SOCIAL SCIENCES
Supervisor: Assoc Prof PhD Trần Thị Thuý Lâm
Referee 1: Prof PhD Pham Hong Thai
Referee 2: Assoc Prof PhD Le Thi Huong
Referee 3: Assoc Prof PhD Nguyen Minh Man
The thesis is protected at Academy Board of Examination at Graduate Academy of Social Sciences – Vietnam Academy of Social
Sciences At: hour date month year 202
The thesis can be found at:
- Vietnam National Library
- Library of Graduate Academy of Social Sciences
Trang 31 The necessity of the thesis
Currently, corporate social responsibility is a field of attracting much concernfrom researchers, social activists and managers Thus, in the fact, appearingmuch phenomena related to negative images of corporate in operation, frominformation of dirty food, tons of died fish were transported to the south tomake sauce, coaches with full of dirty meat to sell in restaurants, shops ofprocessing cooked food, etc… to untreated waste from factories causepollution, violation of labor, labor safety, illegal use of teenage and childrenlabor, etc…Whether these shall keep taking place, if enterprises andcompanies are aware of their responsibility and role to society, communityand each customer using their service? However, corporate socialresponsibility is not really taken a concern in Vietnam, both point of view,content and way of working out Almost enterprises of Vietnam is not fullyaware of corporate social responsibility as well as role to improvement ofcompetition capacity and sustainable development, even some considerscorporate social responsibility to be the cost burden So, it is necessary tocreate full awareness of corporate social responsibility, especially when itrelates to human right to make propaganda, public about corporate socialresponsibility stronger with larger scope and object
Corporate social responsibility in ensuring human right related to awarenessand action of enterprise, both role and responsibility of government Bygovernment, it is necessary to have supervision, management to solveviolation on human right caused by enterprise Accordingly, there must makeanalysis of role, responsibility of government, recognize clearly the role ofenterprise to promote the guarantee of human right at maximum
Enterprises and related parties need to be positively aware of corporate socialresponsibility, especially in the circumstance of larger and deeper integration.Together with constant development of translational, multinational corporations,operation of these corporations has been crossed over management border ofnation Out of positive role in international economy and bringing socio –economy benefit for countries that those corporates are
Trang 4operating, process of doing business of those corporates also arises negativematters as encouraging dumping, indirectly violating labor standard, andexploring natural resources in developing countries… Besides, due to owncharacter of business activities of corporates taking place in many differentcountries, it leads to illegal conflict, or legal standard of nations that subsidiariesare operating without guarantee of human right Thus, the role of corporate socialresponsibility, legal nature and tools of corporate social responsibility canbecome an important frame to ensure human right in international and domesticlaw Simultaneously, corporate social responsibility is also a door to accessdomestic enterprises to integrate into international and contributes to improveposition of competition, brings benefit and sustainable development forenterprises So it is necessary to do research legal side of corporate socialresponsibility and mechanism to guarantee human right; understanding sanction,measurement to recover and compensate violation of human right caused byenterprises.
Above circumstance and requirement push to make clear theoretical side ofcorporate social responsibility, assess overall reality of operation and impact
of business process of corporate to human right, determine limit,inconvenience and propose innovation in awareness as well as legalmechanism about corporate social responsibility in our country currently isnecessary matter not only scientific meaning but also important realitymeaning That’s the reason for me to choose the title “Corporate socialresponsibility in guarantee human right in Vietnam currently” to do research
in the scale of doctorial thesis of jurisprudence
1 Purpose and duty of research
2.1 Purpose of doing research
The thesis has overall purpose of building scientific foundation forsolutions to complete legal basis to strengthen corporate social responsibility
in guarantee human right in Vietnam currently
2.2 Duty of research
Firstly, doing research to make clear theoretical sides related to concept, features
and role of corporate social responsibility in guarantee human right
Trang 5Secondly, doing research to make clear content, target of recognizing corporate
social responsibility in guarantee human right Thus, determining legal frame toadjust corporate social responsibility in guarantee human right
Thirdly, making analysis, assessing the status of corporate social responsibility in
guarantee human right in Vietnam, in which the highlight is legal status andlegal implementation on corporate social responsibility in guarantee human right
in Vietnam currently.
Fourthly, building orientation and making proposal of solutions to improve
corporate social responsibility in guarantee human right in Vietnam, in which it
is especially paying attention to solutions of completing law and improvingeffectiveness of implementing law about corporate social responsibility inguarantee human right
3.1 Object of doing research
- Scientific point of view related to corporate social responsibility, humanright, corporate social responsibility in guarantee human right;
- Systematizing legal regulations of Vietnam related to corporate socialresponsibility in guarantee human right belonging to two fields: labor andenvironment;
- The status of implementing corporate social responsibility in Vietnam inguarantee human right in two field: Labor and environment;
- International law and reality of implementing corporate socialresponsibility in some countries in the world
Trang 6fields and corporate social responsibility in guarantee of other rights shall bementioned at overview level, upon comparision to make clear content of
major research of the thesis.
4 Methodology and method of research
4.1 Methodology
The thesis is implemented by methodology of Marxism – Leninism;Hochiminh ideology about government and law and responsibility ofproduction and business faculties; path, policy of the Party and Government
of Vietnam about developing country, role and corporate social responsibility
in guarantee of human right during current period
Theoretical basis of the thesis is doctrines of national administration,common benefit, development economy, human right, etc…
The thesis approaches the research from legal science view, simultaneouslyuses way of approaching based on right
4.2 Research method
Analysis method is used when assessing, commenting doctrines, legal regulations,reality of applying law about corporate social responsibility in our country currently
in relation and contact with human right
Method of summarizing is used during assessment to take overview conclusion,points of view, proposals and suggestions
Method of comparison is used during making analysis, assessment aboutlegality of corporate social responsibility in correlation with human right,trend of recognizing legality of corporate social responsibility of countries inthe world to make clear common points, difference in law and statemanagement about corporate social responsibility
Method of analysing logic of norm is used during assessing the status,considering unification, discovering conflict in content of regulation aboutcorporate social responsibility and guarantee of human right
Method of exchanging with specialist is used during building proposal andpolicy (Code of Common Conduct) about corporate social responsibility inour country
Trang 7Method of interdisciplinary and multi - social science are used in entire of thethesis to make clear main relations between economic development andguarantee of human right.
5 New contribution of the Thesis
Being special works about corporate social responsibility in guarantee ofhuman right in Vietnam, the thesis has new major points as:
- The thesis continues to develop awareness of corporate socialresponsibility, human right in relation with the existence and operation
of enterprise, corporate social responsibility in guarantee of humanright Concept and character of corporate social responsibility inguarantee of human right, content of legal adjustment related to duty ofenterprise and government in enterprise management to guaranteehuman right, elements affected to corporate social responsibility inguarantee of human right are new theoretical aspects of the thesis
- The thesis builds quite full picture about corporate social responsibility
in guarantee of human right in Vietnam belonging to two main fields:labor and environment Pointing out good points and limits as well ascause of adjustment status and legal implementation of corporate socialresponsibility in guarantee of human right belonging to two above fieldsare new discovery and having important meaning of the thesis
- The thesis also determines clearly orientations of implementing corporatesocial responsibility in guarantee of human right effectively, bringinglong – term and sustainable benefit for enterprise and commondevelopment of entire society The thesis has proposed solutions, whichare overall to actualize orientations New solutions are explained sharperwith feasibility of important contribution to express overall purpose ofthe thesis
6 Theoretical meaning and reality of the thesis
Research result of the thesis contributes to make abundance legalsystem in legal science and human right science about responsibility ofsubjects in guarantee of human right, first is right of labor, human rightwith environment Research result of the thesis can be applied to buildlegislative plan and reality of government management,
Trang 8management and executive of enterprise in Vietnam currently.
The thesis can be used to referent document in researching and trainingjurisprudence and human right The thesis also can be referentdocument for anyone who take a concern to human right guarantee,role and ability of improving corporate social responsibility inguarantee of human right in Vietnam currently
7 Conclusion of the Thesis
Out of Introduction, Conclusion and List of referent document, thethesis has four chapters:
Chapter 1: Overview of research of the title
Chapter 2: Theoretical matters about corporate social responsibility in guarantee of human right
Chapter 3: The status of corporate social responsibility in guarantee of human right in Vietnam
Chapter 4: Orientation and solution of strengthening corporate social responsibility in guarantee of human right in Vietnam currently
Chapter 1 OVERVIEW OF RESEARCHING THE TITLE OF THE THESIS 1.1 Status of researching the title of the thesis
1.1.1 Status of researching theoretical matters of the thesis
1.1.1.1 Researching about concept and character of corporate social responsibility
Term “Corporate Social Responsibility is known widely in many currentfields According to general understanding, modern corporates have socialresponsibility exceeding their obligation to shareholder or investor in thecorporate to establish a clear definition as discussed In spite of oldconcept, corporate social responsibility is still a new idea, difficult tomaster for authors and it is a concept of being easy to cause argument forcorporate managers and related parties due to wide scope of definition anddifferent way of using terms
In Vietnam, researchers have mentioned to many different ways ofunderstanding about corporate social responsibility but they have the same
Trang 9point as they consider corporate social responsibility not only for the sake ofeconomic benefit but also forwarding to sustainable target of development,for the sake of community and society.
1.1.1.2 Researching about international standards and national
experience about corporate social responsibility in guarantee of human right
Researching about international standards and national experienceabout corporate social responsibility in guarantee of human right is dividedinto three different groups:
The first group includes document focusing on morality, philosophy,politic and law Quantity of research, point of view, document about thesematters are very plentiful Due to this reason, the author just filter to use sometypical works for this thesis as: Dworkin [58], Pogge [96], Mouffe [54]
The second group includes document about corporate socialresponsibility in general and corporate social responsibility and human right.The most typical is Ph.D Ruggie carried out in his term “Specialrepresentative of United Nations General Secretary about human right andtransnational corporations and other business corporates”; Researchdocument includes thousand of pages on web portal: www.humanrights-business.org
Third group related to corporate social responsibility, human rightand national contact of Switzeland in Switzeland One small literature is
worthy of being mentioned “CSR – From risk to value” by Öhrlings Price
Water House Coopers and Studentlitteratur published in 2008 [87]
1.1.1.3 Research situation of national experience about corporate
social responsibility in guarantee of human right
Some research works focusing on making clear the role of union inguarantee of right of labor, in which of major paying attention to the impact
of collective negotiation in labor relation However, these works lessmentioned to the role of occupational social organization in reflecting wish oflabor as well as supervising the implementation of labor right in operation ofcompetent authorities and labor users
Trang 101.1.2 Research situation of corporate social responsibility in guarantee human right in Vietnam.
It can be said that Corporate social responsibility is a real and urgent matterthat corporates in Vietnam need to carry out: Phạm Văn Đức, 2010,
“Corporate social responsibility in Vietnam: Some matters and urgent reality”, Philosophy magazine, vol.7, Vietnam Chamber of Commerce and Industry VCCI…
1.1.3 Situation of researching proposal of solutions about corporate social responsibility in guarantee of human right
Discussing about the relation to law of corporate social responsibility, someresearchers as: Nina Boeger, Ra chel Murray, Charlotte Villiers define thatcorporate social responsibility is not only simple of “voluntary” but alsorelates to law and policy, in which including international commerce matters,human right, environmental law, corporate law [82, p.1]
In Europe, corporate social responsibility factually has been under “soft law”and the importance of developing soft law of corporate social responsibilitydepends on the influence much more than behavior control of corporates
In Vietnam, some authors have mentioned to the legality of corporate socialresponsibility and explained legal nature of corporate social responsibility.Corporate social responsibility is not the law that is understood upontraditional meaning, but these “legal obligations” applying corporate socialresponsibility belong to content of other law: “soft law” This is not issued bycompetent authorities upon certain order and procedure, but it includesrules of conduct which are implemented upon soft and various methods
1.2 Comment about research situation related to the title of the thesis
1.2.1 Researched matters, the thesis can be or must be inherited
Firstly, about theory, some research works about corporate social responsibility have solved some common theoretical matters about corporate social responsibility, mentioned some basic concepts, benefit and criteria of assessment.
Trang 11Secondly, about reality, beside of improvement of implementing corporate social responsibility currently, researches have pointed out many limits from the reality of corporate social responsibility in Vietnam.
Thirdly, about proposing points of view and solutions: Some research works have proposed some solutions about implementing corporate social responsibility as: regulation role of government to corporate social responsibility, improving awareness of business leaders, strengthening international corporation to organize forums and conferences for non – government organizations…
1.2.2 Some argument matters or have not been researched, the thesis need to deploy to research.
From research result inherited, the thesis shall focus on making clearcontents of jurisprudent point of view about corporate social responsibility inhuman right field as concept, character, role about corporate social responsibility
in guarantee of human right Corporate social responsibility has many aspects an
on many fields However, according to the author of the thesis, there are twospecific fields about human right as labor and environment
The thesis makes clear the content of soft law definition, new trend ofresearch in current law with own position in international legal doctrine andreality of national law Nature of Corporate Social Responsibility is voluntarycommitments without legal binding, so using soft law to solve the commitmentswithout implementation or violating commitment has been applied in many cases
in th world
The thesis makes clear the basis to implement corporate socialresponsibility in guarantee of human right in Vietnam as point of view, path ofthe Party, legal policy of the Government, international covenants and agendathat Vietnam approved and participated, Code of conduct is suitable withcorporate of Vietnam before the requirement of international economyintegration
The thesis assesses achievements of Vietnam corporates duringimplementing corporate social responsibility in human right as legal documentand commitment of corporate about two contents above
Trang 12Besides of achievements in implementing corporate social responsibility
in guarantee of human right, the thesis also points out limits and then makesclear causes of existence as awareness of labor users and labor, necessarypressure from the government, labor and society, requirement of market tocorporate social responsibility, requirement of market to corporate socialresponsibility about guarantee of human right, point of view and corporatepolicy, management system of implementing corporate social responsibility
Especially from above analysis, the thesis has solved conflict betweeneconomic benefit with guarantee of human right, reviewing human right inmanagement system of corporate, measurements of recovery, compensation ofcorporate to violations of human right…Making analysis of legal regulations inlegal documents is obligatory (hard law) and wishes, norms without obligation(soft law) Since pointing out how does effectiveness of these legal regulations inthe reality reach?
1.3 Research assumption and research question about title of the thesis
1.3.1 Research assumption
The thesis has assumption that during a long time, corporates in Vietnamhave not really paid attention to social responsibility due to not understandclearly about corporate social responsibility, and realized the necessity ofparticipating in guarantee of human right for the purpose of developingsustainable development of society Together with process of renovation of ourcountry and full awareness of human right, social responsibility of corporate inguarantee of human right have certain change, however it is available of limits
on both legal adjustment and legal implementation Up to now, from legal view,there is not any system of overall solution to strengthen corporate socialresponsibility in guarantee of human right in Vietnam The next trend shall beremarkable increase of requirement to corporate when implementing socialresponsibility and the effort of applying many solutions of strengtheningcorporate social responsibility in guarantee of human right in the world as well
as Vietnam
1.3.2 Research question
Trang 13Overall question of the thesis: Which does scientific basis prove forstrengthening corporate social responsibility in guarantee of human rightcurrently?
In order to answer above overall question, the thesis has some specificquestions:
- It is necessary for us to understand how are concept, connotation, andinevitability of implementing corporate social responsibility in guarantee ofhuman right?
- Which contents does the law need to adjust related to corporate socialresponsibility in guarantee of human right?
- Which advantages and limits do the law and legal implementation in thefield of important society and specification of expressing corporate socialresponsibility in guarantee of human right in Vietnam currently? Where iscause?
- Which solution does it need to promote advantages, recover limitsaiming at strengthening corporate social responsibility in guarantee of humanright in some important fields and specification in Vietnam currently?
Secondly, pointing out points that the thesis can inherit, since giving
out comments and find research gap to make important basis for constantresearch of teacher, completing theoretical system, making proposal of point
of view and solution about corporate social responsibility in guarantee ofhuman right in Vietnam currently