SURVEY RESEARCH REPORT AWARENESS OF LABOR RIGHTS, EMPLOYMENTS, HEALTH SERVICES, EDUCATIONAL EMPLOYEES IN SENSITIVE SERVICES, FAMILY ASSISTANTS, STREET VENDOR IN THE UNOFFICIAL LABOR AREA
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SURVEY RESEARCH REPORT AWARENESS OF LABOR RIGHTS, EMPLOYMENTS, HEALTH SERVICES, EDUCATIONAL EMPLOYEES IN SENSITIVE SERVICES, FAMILY ASSISTANTS, STREET VENDOR IN THE UNOFFICIAL LABOR AREA

IN 03 PROVINCE/CITY: HANOI, ANH AN, QUANG BINH

Introduction
 

This report is an activity of the Initiative “ Legal advice and support for women and children in the informal labor sector on labor, employment and administrative procedures in the health and education; Prioritize women and children infected with HIV and at high risk of HIV infection ” from a situational survey in Hanoi, Nghe An and Quang Binh, within the framework of the Justice Initiative Promotion Fund (EU JULE JIFF). . EU JULE JIFF is one of two components of the project "Strengthening Law and Justice in Vietnam" (EU JULE) funded by the European Union (EU). The project aims to contribute to strengthening the rule of law in Vietnam through a more accessible and reliable Justice system.

 

  • Group of experts to implement: Mr. Ha Dinh Bon – Key expert

Ths. Nguyen Lan Anh – Expert Assistant

 

 

 

 

 

 

 

 

 

 

 

 

 

Disclaimer
The opinions, analyzes and recommendations contained herein are those of the research team and do not necessarily reflect the official views of the European Union and Oxfam in Vietnam.

 

 

  1. GENERAL INFORMATION
  • Sponsor: Judicial Initiatives Promotion Fund (JIFF) – EU-JULE project
  • Unit in charge of implementation: Center for Legal and Policy Advice on Health, HIV/AIDS
  • Group of experts to implement: Mr. Ha Dinh Bon – Key expert
Ths. Nguyen Lan Anh – Expert Assistant
 

B.    RESEARCH RESULTS

  1. RESEARCH SUMMARY
Vietnam is a country with the 4th highest rate of workers in the informal sector in the world. They have to do hard and strenuous jobs with precarious incomes, unsafe and difficult working conditions. or do not have access to social security conditions, up to 97.9% of these workers do not have social insurance. Because of their precarious work, unstable income, not guaranteed labor safety, and no protection organization, they are easy to be taken advantage of, scammed, abused, even abused, harassed. sexual harassment at work. Among them, female laborers work in sensitive service establishments; housemaid; Street vendors are the most vulnerable group. They are often poor, low-educated workers who come from rural areas with very limited legal knowledge. When migrating to the city to work, they have to rent a house and pay the cost of electricity and water 2-3 times higher than the city people, their children have to leave their hometown or follow their parents without going to school. Public health services, not being able to use public health services, suffer a lot of disadvantages. Being abused, being insulted to honor and dignity, living a difficult life without receiving support from the State and local social organizations. With the motto "no one is left behind" , the support them to reach rights in labor, employment, access to health services, education, and social assistance are essential.
Within the framework of the project: Legal advice and support for women and children in the informal labor sector on basic rights in labor and employment and medical examination and treatment procedures (registration for health insurance, etc.) medical care, medical examination and treatment), enrollment registration; Priority is given to women and children infected with HIV and at high risk of HIV infection.
In order to have the basis of legal support for the target group of the project. The Center for Legal and Policy Advice on HIV/AIDS Health (Center) has conducted a research survey on basic rights in employment. employment and access to health and education services….of three groups of informal workers, including: Women working in sensitive services at sensitive service establishments; housemaid; Street vendors in 3 localities of Hanoi, Nghe An and Quang Binh, the localities in the areas sponsored by the JIFF fund are located in the project area. The rights to work, employment, access to health services and education are a group of rights that are often easily violated or difficult to access in practice. Also through this research activity, the Center takes as a basis, the foundation to build a Legal Support Toolkit to protect the legal rights of the labor group Women working in sensitive services in business establishments. business sensitive services; housemaid; Hawk.
The research team conducted a questionnaire survey with 165 samples. In which:
 
 
Locality
Subject
Sensitive service person
cold
Domestic helpers and sellers
street vendors
 
Hanoi City (55 acres)
Ba Dinh District, Hoan Kiem District
Sword, Cau Giay
20 15
Phuc Tho District ten  
Thach That District ten  
 
Nghe An Province (55 acres)
City. Vinh 20 15
Cua Lo Town ten  
Quynh Vien town,
Quynh Luu district
ten  
Quang Binh Province (55 acres) City. Dong Hoi 20 15
Commune ,
Bo Trach district
ten  
 
 
  Le Thy District ten  
total 120 45
 
 
Survey Research wants to find out the reason why sensitive service workers, domestic helpers, street vendors, do not have access to rights in the fields of labor, employment, health insurance, services health care, education as prescribed by law. Deeply clarify the status of rights and the causes of the lack of access to rights as well as the role of the local government and social organizations in supporting the copyright protection of women working in sensitive services , domestic helper, street vendor. The Center conducts a research survey in the context of many policies and laws that come into force in 2021, with many new contents to better protect the rights of sensitive service workers and domestic helpers. family, street vendor.

II.   RESEARCH OBJECTIVES AND METHODS

  1. Objectives of the study
This study aims to contribute to the analysis of the current situation on access to rights, ensuring the exercise of rights of sensitive service workers, domestic workers, and street vendors. The reason why sensitive service workers, domestic helpers and street vendors, have not been able to access their legal rights in the field of employment, health insurance, medical services economy, education, welfare and society. Causes of infringement of rights in labor and employment of sensitive service workers at sensitive business establishments.

2.  Research Methods and Research Scope

*   Research Methods

The study used a practical approach, compared with the provisions of the Law, consulted experts, consulted the sex labor network in Vietnam, consulted with the network. network of migrant workers and legal aid organizations, to provide a comprehensive picture of the reality of access to the rights of sensitive service workers, domestic workers, vendors ...in Hanoi, Nghe An and Quang Binh.
 

*   The scope of the study includes understanding the following aspects :

- Rights to social security (social insurance, health insurance, social assistance); rights in labor and employment; right to place of residence, right to study of sensitive service workers, helpers family affairs according to current law
  • Causes of sensitive service workers, domestic helpers, street vendors have their rights violated
  • Reasons for not receiving support from the government and social organizations in ensuring the rights of workers doing sensitive services, domestic helpers, street vendors
-Barriers in accessing labor rights, jobs, health services, education
The study used many different research methods to analyze the problem : Document study; survey survey questionnaires and interviews, consult experts:
  1. Research documents : Review of Laws, Codes, legal documents related to informal labor (migrant workers), research articles, related articles, training documents, documents of JIFF fund…
  2. Survey survey : The study conducted a survey with three groups of informal workers (migrant workers)
+ Women working in sensitive establishments (Restaurants, hotels, Karaoke bars, massage establishments, prostitutes ...)
+ Women help in the house
+ Women selling street food….
Research and design questionnaires for three groups of three groups of workers: Women working in sensitive establishments (Restaurants, hotels, Karaoke bars with prostitution activities, disguised massage establishments); Women domestic help; Street vendors. The survey survey center in 09 districts of three provinces/cities: Hanoi, Nghe An, Quang Binh is where the JIFF fund's project area is located.
In each research district/district, select communes/wards with a large concentration of laborers according to the research content. The surveyed people fill out the form by themselves, under the guidance, support and supervision of the research team.
The total number of survey votes is actually 165 votes, female respondents include:
In Hanoi city, a total of 55 samples, including: 40 samples for women who do sensitive services at hotels, restaurants, karaoke bars, etc., with the age from 16 to 35 years old and have worked for 3 months or more. from the following localities: Ha Binh, Phu Tho, Thanh Hoa, An Giang, Can Tho, Hau Giang (including Thai, Ta, Muong, Dao, Kinh ethnic groups), 15 samples for domestic helpers , street vendors aged from 18 to 55 years old who have worked for 3 months or more from the following localities: Hung Yen, Thai Binh, Nam Dinh, Thanh Hoa
In Nghe An province, the Center conducted a questionnaire survey with 55 samples, including: 40 samples for women doing sensitive services at hotels, restaurants, karaoke bars, etc., with the age from 16 to 35 years old having time. working for 03 months or more from the following localities: Nghe An, Ha Tinh, Thanh Hoa, An Giang, Can Tho, Hau Giang, 15 samples for domestic helpers, street vendors aged 18 to 55 years old with working time of 03 months or more from the following localities: Thanh Hoa, Nghe An, Ha Tinh.
Quang Binh Province The Center conducted a survey with 55 samples, including: 40 samples for women who do sensitive services at hotels, restaurants, karaoke bars, etc. with the age from 16 to 35 years old who have time to work. for 03 months or more from the following localities: Quang Ninh, Nghe An, Thanh Hoa, Ha Tinh, Quang Binh, An Giang, Can Tho, Hau Giang, 15 samples for domestic helpers, street vendors from 18 to 55 years old with working time of 03 months or more from the following localities: Thanh Hoa, Nghe An, Ha Tinh, Quang Binh
 

 
Figure 1: Age of survey participants
The content of the questionnaire focused on sensitive service workers, domestic helpers, street vendors, violated rights, their understanding of the law in the field of labor and social security. society, the right to access information, the support of the government and social organizations for them in ensuring their rights (see Appendix 1 for the questionnaire)
  1. Qualitative interviews: Qualitative interviews aim to ensure a more specialized research, grasping the realities of sensitive service workers, domestic workers, and street vendors. In the process of interviewing the questionnaire, when detecting cases of rights violations, especially those facing difficulties and problems, the expert group will conduct in-depth interviews to collect more important information. serve for research.
+ In-depth interviews with group leaders, network leaders of sex workers in Vietnam, professional sensitive service practitioners in Hanoi, Nghe An, Quang Binh

3 Limitations of the study:

Due to the small study, small sample size, conducted in the area of the JIFF Fund, in a short time, the study has some limitations as follows:
+ Research in a short time affected by the Covid-19 pandemic, affected by natural disasters such as storms and floods, especially in Nghe An, Quang Binh. The study was only conducted in 03 localities: Hanoi, Nghe An, and Quang Binh with a sample body small. Therefore, the results of the study can hardly represent the entire situation of sensitive service workers, domestic helpers, street vendors, violated rights, lack of legal knowledge. their laws in the field of labor and social security, the right to information
+ Survey sheets for domestic workers and street vendors
+ Some workers in sensitive areas do not want to share information about themselves and their families

III.           LEGAL PROVISIONS PROTECTION OF RIGHTS 1 Legal provisions protecting rights

Constitution 2013

Article 14.

  1. In the Socialist Republic of Vietnam, human rights, civil rights in politics, civil, economic, cultural and social are recognized, respected, protected and guaranteed according to the Constitution and law.
  2. Human rights and citizens' rights may be restricted only in accordance with the law in case of necessity for reasons of national defense, security, social order and safety, social ethics, or health of the people. community .

Criminal Code 2015

Article 134 of the 2015 Penal Code “Intentionally causing injury or causing harm to the health of others”
Article 141 Penal Code 2015 “Rape”
Article 155 of the 2015 Penal Code “Crime of humiliating others”
Article 157 Penal Code 2015 “Crime of illegally arresting, detaining or detaining people” Article 329 Penal Code 2015 “Crime of buying sex from people under 18 years old”

Labor Code 2019

Starting from January 1, 2021, the Labor Code 2019 takes effect.
 

Article 4. State policies on labor

1. Ensuring the lawful and legitimate rights and interests of employees and employees without labor relations; encourage agreements to ensure employees have more favorable conditions than those prescribed by the labor law.
7. Ensuring gender equality; stipulate labor regimes and social policies to protect female workers, employees with disabilities, elderly workers, and underage workers.

Article 5. Rights and obligations of employees

1. Employees have the following rights:
  1. Work; freedom to choose jobs, workplaces, occupations, vocational training, and professional improvement; not be subjected to discrimination, forced labor, or sexual harassment at work;
  2. To receive a salary suitable to vocational qualifications and skills on the basis of an agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; leave according to the regime, take annual leave with salary and enjoy collective benefits;
  3. To establish, join and operate in employee representative organizations, professional organizations and other organizations in accordance with law; request and participate in dialogues, implementation of civil regulations, collective bargaining with employers and consultations at the workplace to protect their legitimate rights and interests; participate in management according to the rules of the employer;
  4. Refuse to work if there is a clear and direct threat to life and health in the course of performing the work;
dd) Unilaterally terminate the labor contract;
  1. Strike;
g) Other rights as prescribed by law.

Article 8. Prohibited acts in the field of labor

 
  1. Discrimination in employment.
  2. Employee abuse, forced labor.
  3. Sexual harassment in the workplace.
  4. Taking advantage of the name of vocational training or apprenticeship to make profit, exploit the labor force or entice, seduce or force apprentices or apprentices to engage in illegal activities.
  5. Employing untrained workers or having no national vocational skill certificates for occupations and jobs requiring trained workers or having national certificates of vocational skills.
  6. Enticing, enticing, promising, false advertising or other methods to deceive employees or to recruit workers for the purpose of human trafficking, exploitation, forced labor or taking advantage of employment services engage in activities of sending workers to work abroad under contracts to commit illegal acts.
 
  1. Illegally employing underage workers.

Article 14. Form of labor contract

  1. The labor contract must be entered into in writing and made into 02 copies, the employee keeps 01 copy, the employer keeps 01 copy, except for the case specified in Clause 2 of this Article.
Labor contracts entered into via electronic means in the form of data messages in accordance with the law on electronic transactions have the same value as a written labor contract.
  1. The two parties may enter into a verbal labor contract for a contract with a term of less than 1 month, except for the cases specified in Clause 2, Article 18, Point a, Clause 1, Article 145, and Clause 1, Article 162 of this Code. .

Article 20. Type of labor contract

1. Labor contracts must be entered into in one of the following categories:
 
  1. An indefinite term labor contract is a contract in which the two parties do not specify the term, the time of termination of the contract's validity;
  2. Fixed-term labor contract is a contract in which the two parties determine the term, the time of termination of the contract's validity within 36 months from the effective date of the contract.

From January 1, 2021, there are no more seasonal labor contracts

This is one of the prominent new points specified in the Labor Code 2019 passed by the XIV National Assembly on November 20, 2019.
Specifically, from January 1, 2021, labor contracts will be entered into one of the following categories:
  • Labor contract with no fixed term.
  • Fixed-term labor contract, in which the two parties determine the term, the time of termination of the labor contract within 36 months from the effective date of the contract.
Thus, compared with the current regulations in the Labor Code 2012, there will be no seasonal labor contracts.
On the other hand, the Labor Code 2019 (effective on January 1, 2021) allows an employee to unilaterally terminate the contract without prior notice in some cases such as:
  • Not being arranged according to the right job, working location or not guaranteed working conditions as agreed, except for the case specified in Article 29 of this Code.
  • Not to pay salary or pay salary on time, except for the case specified in Clause 4, Article 97 of this Code.
  • Being sexually harassed at work…
The Labor Code 2019 stipulates that an employee under a fixed-term contract has the right to unilaterally terminate the labor contract (without the current reason) just giving the employer at least 30 notice in advance. days if working
 
under labor contracts with a definite term from 12 months to 36 months; at least 03 working days with a fixed-term labor contract of less than 12 months. Thus, if employees are not "salty" to the company, they can easily leave the company without any restrictions;

Regulations on labor as domestic helpers in the Labor Code

On December 14, the Government issued Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations. Including detailed regulations and guidance on the implementation of Clause 2, Article 161 of the Labor Code on domestic workers.
This Decree details and guides the implementation of a number of contents on labor conditions and labor relations according to the following articles and clauses of the Labor Code                                                                                                             :
Labor management; Labor contract; sub-lease labor; Organize dialogues and implement civil regulations at the grassroots level at work; Salary; Working time, rest time; Labor discipline, material responsibility; Female workers and ensuring gender equality; Labor is a domestic helper; Labor dispute resolution.
 

Labor is a domestic helper

A domestic worker is a person who works for the employer under an agreement, is paid a salary and is subject to the management, administration and supervision of the employer, doing regular jobs. in the household of one or more households. Household chores include housework, housekeeper, child care, sick care, aged care, driving, gardening, and other household chores that are not related to the household. commercial activities.
Labor is a domestic worker who has entered into a written labor contract to do the jobs specified in Clause 1, Article 161 of the Labor Code.
 

Cases of contract termination without prior notice

Circular stipulates: During the performance of a labor contract, each party has the right to unilaterally terminate the labor contract without reason but must give at least 15 days notice, except for the following cases where no notice is required. Previous: The employee unilaterally terminates the labor contract for the following reasons: Not being arranged according to the right job, working location or not guaranteed working conditions as agreed, except for the case specified in Clause 1 of this Article. Article 29 of the Labor Code ; salary is not paid or salary is not paid on time, unless the provisions of Clause 4, Article 97 of the Labor Code; being abused, beaten by the employer or having insulting words or acts, acts affecting health, dignity and honor; forced labor; being sexually harassed at work; pregnant female employees must take leave as prescribed in Clause 1, Article 138 of the Labor Code; dd retirement age as prescribed in Article 169 of the Labor Code unless otherwise agreed by the parties; the employer provides untruthful information as prescribed in Clause 1, Article 16 of the Labor Code, affecting the performance of the labor contract; The employer unilaterally terminates the labor contract for the following reasons: The employee is not present at the workplace after the time limit specified in Article 31 of the Labor Code; the employee voluntarily quits his job without a legitimate reason for 5 consecutive days or more;
When unilaterally terminating a labor contract illegally, the employee is obliged to comply with the provisions of Article 40, and the employer is obliged to comply with the provisions of Article 41 of the Labor Code. In case the employer violates the notice period according to point d of this clause, it must pay the employee an amount equivalent to the salary according to the labor contract in the days without notice;

The salary by job must not be lower than the regional minimum wage announced by the Government

The employee and the employer agree on salary and bonus and pay salary and bonus according to the provisions of Chapter VI (except for Article 93) of the Labor Code, in which the employee's salary is agreed upon. in the labor contract as prescribed in Clauses 1 and 2, Article 90 of the Labor Code, including the salary according to the job, salary allowance and other additional amounts, if any. The salary according to the job, including the cost of meals and accommodation, of the employee at the employer's family (if any) must not be lower than the regional minimum wage announced by the Government. The employer and the employee agree on the monthly cost of meals and accommodation for the employee (if any), not more than 50% of the salary according to the job specified in the labor contract.

Domestic workers are entitled to an average of 01 month's leave of at least 04

day
Working hours and rest time comply with the provisions of Chapter VII of the Labor Code and Chapter VII of this Decree, in which the rest time during normal working days and weekly rest days is implemented as follows: After: On a normal working day, in addition to the working time agreed in the labor contract as prescribed, the employer must ensure and create conditions for the employee to have at least 8 hours of rest, of which have 6 consecutive hours in 24 consecutive hours;
Employees are entitled to weekly rest as prescribed in Article 111 of the Labor Code. If the employer is unable to arrange weekly leave, the employee must have at least 04 days off on average per month. Labor is a domestic helper who is paid an amount equal to the compulsory social insurance and health insurance contributions
The employer is responsible for paying at the same time as the salary period to the employee an amount equal to the compulsory social insurance premium,
Economic activities are the responsibility of the employer in accordance with the law on social insurance and health insurance so that the employees can actively participate in social insurance and health insurance.
In case an employee concurrently enters into many labor contracts to work as domestic workers, the employer's responsibility to pay social insurance and health insurance premiums shall comply with each labor contract.

Occupational safety and hygiene for domestic workers

Occupational safety and hygiene for domestic workers are implemented as follows:
The employer is responsible for guiding the use of tools, equipment, utensils, and measures to prevent and fight fire and explosion in the family related to the employee's work; provide personal protective equipment for employees during work;
When an employee suffers an occupational accident or occupational disease, the employer must perform the responsibilities towards the employee as prescribed in Articles 38 and 39 of the Law on Occupational Safety and Health;
Employees are responsible for strictly complying with the instructions on the use of tools, equipment, utensils and prevention of fire and explosion; ensure the requirements of environmental sanitation of households and residents in the place of residence.

Labor discipline, material responsibility for employees

Labor discipline and material responsibility towards employees are implemented as follows:
Employers and employees define specific behaviors and forms
handle labor discipline and material responsibility according to the provisions of Clause 2, Article 118 and Article 129 of the Labor Code and stated in the labor contract or expressed in other forms of agreement;
Forms of labor discipline applied to employees include reprimand and dismissal according to Clauses 1 and 4, Article 124 of the Labor Code; Disciplinary action for dismissal is applied by the employer in the following cases: The employee commits violations specified in Clauses 1, 2 and 4, Article 125 of the Labor Code or the employee commits a violation. acts of ill-treatment, beating or abusive words, acts, acts affecting the health, dignity and honor of the employer or a member of the household; When detecting that the employee has committed violations of labor discipline, the employer shall impose and handle the labor discipline in the form specified at Point b of this Clause against the employee. In case the employee is from 15 years old to under 18 years old, the employer must notify the labor discipline to the legal representative of the employee; The handling of labor discipline against employees must ensure the principles, order and procedures specified at Points a, c, Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5, Article 122 of the Ministry of Industry and Trade. Labor law.
 

Decree 28/2020/ND-CP issued by the Government on March 1, 2020, stipulating penalties for administrative violations in the field of labor, social insurance, and sending Vietnamese workers to work. overseas under the contract will take effect from April 15, 2020. One of the notable contents of this Decree is the fine levels for violations of regulations on labor as domestic workers.

Accordingly, the level of warning applies to the employer when there is one of the following acts: Failing to sign a written labor contract with the domestic worker; Do not pay travel expenses when the domestic worker retires and returns to his/her place of residence, unless the domestic worker terminates the labor contract ahead of time.
A fine ranging from VND 10,000,000 to VND 15,000,000 shall be applied to an employer who commits one of the following acts: Keeping the original of the domestic worker's prison papers; Failing to pay the domestic worker social insurance and health insurance as prescribed by law so that the employee can take care of his own insurance.
In addition to the above-mentioned fines, the employer must also take remedial measures such as entering into a written labor contract with the domestic worker; Pay for the train and go on the road; Return of identification documents; Pay social insurance and health insurance for domestic workers when violating these regulations.

Law on Health Insurance:

The Law on Health Insurance stipulates: According to the provisions of Clause 6, Article 22 of the Law on Health Insurance, from January 1, 2021, the policy of connecting provinces will be implemented in inpatient treatment with health insurance coverage. Health insurance card holders who go to the wrong medical examination and treatment at provincial-level medical facilities nationwide are entitled to pay the cost of inpatient treatment according to the scope of benefits and the same level of benefits as the right line.

The Residence Law 2020 takes effect from July 1, 2021, with new points in favor of migrants:

Eliminate many groups of administrative procedures related to household registration books
Because according to this Law on Residence, from July 1, 2021, there is no new issue or re-issue of household registration books and temporary residence books, so a series of procedures related to household registration books and temporary residence books are not mentioned in this Law. This law. Specifically:
  • Separation of household registration book. Instead, it will update and adjust information on households related to household separation in the Residency Database and notify the registrant of having updated this information;
  • Adjustment and change of information about residence: Review and adjust in the National Database of Population, Database on Residence, etc., when necessary, carry out procedures for permanent residence registration, temporary registration. reside…
Reducing the processing time for permanent residence application
Because of the removal of household registration books and paper temporary residence books, the processing time for permanent residence registration will be faster than currently. Specifically, Clause 3, Article 22 of the Law on Residence 2020 stipulates:
Within 07 working days from the date of receipt of the first and valid dossier, the residence registration agency shall update information about the registrant's new place of permanent residence in the National Database of Registration. population, Database on residence; Notify subscribers
Currently, the time to settle this procedure is set at 15 days (Based on Clause 3, Article 21 of the Law on Residence 2006).
There are no special conditions when importing Hanoi and Ho Chi Minh City. Ho Chi Minh City
One of the other notable provisions of the Law on Residence is to set specific conditions for importing cities directly under the Central Government.
 
That is, when citizens want to register for permanent residence in the city. Hanoi and TP. In Ho Chi Minh City, there is no longer a distinction in terms of conditions, but it is generally and uniformly applied across the country as prescribed in Article 20 of the Law on Residence 2020:
  • Citizens who have lawful domiciles under their ownership may register for permanent residence in such lawful domiciles;
  • When approved by the legal guardian and the owner of the residence in the cases where the spouse moves to live with the husband/wife; natural children, adopted children who come to live with their biological and adoptive fathers and vice versa... may register for permanent residence at lawful places not under their ownership...
As can be seen, this regulation aims to create equality in the management of residence of all citizens.
The rental area is at least 8m2/person who is registered for permanent residence

The Education Law 2019 took effect from July 1, 2020. There are new points such as:

There will be a free route for preschool and middle school students
In addition to the exemption of tuition fees for primary school students in public educational institutions and 5-year-old preschool children in villages, especially disadvantaged communities, ethnic minority areas, remote areas, and coastal areas. coastal areas and islands are exempt from tuition fees; The Education Law 2019 cn sets out a roadmap for free tuition for other subjects.
Specifically, 5-year-old preschool children who are not subject to the above regulations and junior high school students are exempted from tuition fees according to the roadmap prescribed by the Government.
Failure to graduate from high school is confirmed to complete the program This is a new regulation in the Education Law 2019, according to which:
Students who complete the high school program and are eligible to take the exam as prescribed by the Minister of Education and Training but fail to take the exam or fail to meet the requirements will be granted a certificate of program completion by the school principal. general education program.
The certificate of completion of the general education program is used to register for the entrance exam to obtain a high school diploma when the learner needs it or to attend vocational education and use it in specific cases according to the regulations. provisions of the law.

Prostitutes are not sent to compulsory medical facilities

According to Article 2 of Resolution 24/2012/QH13 on the implementation of the Law on Handling of Administrative Violations, it is quite humane: Since the date the Law on Handling of Administrative Violations was announced (June 20, 2012), “no apply measures of education in ã, ward, township and send to medical treatment establishments for sex workers. Persons who commit acts of prostitution shall be administratively sanctioned according to the provisions of law.

IV.   SURVEY RESULTS IN HANOI, ANH AN, QUANG BINH

  1. Survey of service workers in sensitive areas
The center conducted a survey in 2 areas where women practice: The area where women practice under the protection of strict management, management and protection and the area where women practice freely without management, Protector of Mr. ch , the manager:
Questionnaire survey center for female workers in sensitive services in protected practice areas:
In this area, women practice under the strict management of the shop, management and security. Sisters are often bought by their husbands, or are debtors to their fathers, or are tricked by acquaintances and relatives to sell them to their fathers. The sisters are all subject to the close supervision of the manager. The shopkeeper sets up very strict rules and regulations to manage women. Women who violate the rules will be severely fined economically, as well as physically and mentally tortured. Women work without labor contracts and without wages. Guests who want to have sex with women must buy tickets from Mr. Ch, usually each ticket ranges from 300,000 VND to 500,000 VND, the sex time is 30 minutes. The time of having sex in an hour is 1 million dong. Overnight from 1.5 to 2 million. Normally, women only get 1/3 of the amount of each visit. However, he is the one who collects the money and only at the end of the month does he pay the women's wages. If you violate the rules, depending on the level of violation, all that money will be deducted, in fact, he will find all ways to catch the error to deduct money, steal money. The vast majority of women working in this area are abused from 1 to 2 times in a month by a client or a client, the reasons for being abused are such as: Refusing to receive guests due to body fatigue or dislike of that guest, drunken guests beat, guests forced to drink alcohol, forced to use drugs, guests forced to have sex in many strange positions...
1.2 The center conducts interviews for self-employed women without protection:
The center conducted an interview to get opinions, the women said: Women have to find customers by themselves, their income in this area is relatively low, women are often older, no longer beautiful, often Over 26 years old, if you want to have customers, you have to stand on the street to find customers. Each customer relationship must pay from
100,000 - 300,000, customers are rarely controlled in terms of time when having sex with women. Women are subjected to forms of violence such as: being cursed, beaten, stolen money, raped...
Ms. K, who works in Hanoi, shared: Once, when I went out to have breakfast with my boyfriend, my boss fined me 10 times the amount of work for the day.
For example: the boss calculates that every day I receive 5 guests, I get 2.5 million, minus the amount I get from 5 guests is 150 x 5 = 750 thousand VND (the boss collects 500,000 VND for 1 visit, then the sister gets 150 thousand dong)
250,000 – 750,000 = 1,750,000 VND x 10 = 17,500,000 VND. This is the amount of money you will be fined if you leave
Ms. Ng in Quang Binh shared:
“After being taken to a karaoke bar to work as a hostess. They forced a lot of alcohol, I refused to be beaten. Not indulge in bizarre pleasures is to beat and curse.
In addition to being abused by guests, prostitutes are also mercilessly abused by their hosts. This is the case of Nguyen Thi H (Quynh Luu, Nghe An). Ms. H bitterly said: The owner beat us brutally. They grabbed my hair, beat me, kicked me and banged my head against the wall when I refused to receive guests and violated the rules set by them. Ms. H, a native of Hanoi, shared: “Many people think that we do leisurely jobs, doing this job are lazy laborers. But in reality, we are both miserable and humiliating. having to step foot in this profession, sometimes when sick, they do not dare to go for medical examination and treatment because they do not have health insurance, private examination has no money because of the high cost. Many women also intentionally hide their illness to be able to visit guests and fear being chased by their owners.
Ms. M in Nghe An shared: “But the biggest obsession with any sex worker is when he hears the phrase "cannon" (collectively raped, locked up by his uncle and not allowed to eat or drink, except for his salary).
20-year-old Ms. Gi in Quang Binh shared: After many times being beaten, scolded, being chased by "noodles", owners in karaoke bars, kicked out on the street. She turned to work as a freelance prostitute. Gi said, she can't remember how many times she was "finished" by a village guest and turned around and refused to pay. Not to mention, once, the money could not be claimed, and Ms. Gi was beaten badly.
About the time worked: The survey respondents mainly worked at sensitive business establishments with protection and self-employed from 01 month (6/120) , 03 months (12/120), 03 months or more (82/120)
 
 
 


Figure 2: About the time worked at the service business
 
Regarding educational level: 63% have qualifications from primary to lower secondary school; 28% attended high school but did not graduate; 09% graduated from high school
 
 
 


Figure 3: Education level of survey respondents
About Labor Contract : 100% of the respondents did not have a labor contract, in which the main reason was " The boss did not sign a labor contract ":
 
 
 


Figure 4: Reasons for not having a labor contract
 
About working time: The main working time of this group is noon and night. Total working time in a day is about 08 hours, some days are more and must work whenever there are customers (not fixed).
 
 
 


Figure 5: Working time in a day
Regarding violence at work: 92% of respondents said that they often experience violence mainly from employers (hosts) and customers, a few are abused by colleagues themselves because of disputes. win guests together. The main forms of violence include: beating (58%); forced sex (29%); Forced reception of guests (30%); Forcing to use stimulants (35% of which is mainly forced to drink alcohol); Not paying (42%). In which, 75% of people who have experienced violence report that they have suffered from 2 to 6 types of abuse above.
 
 
 

 
 

 
Figure 6: Violence at work
Up to 92% of people who have experienced violence said that when they were abused they often resigned and did nothing, only 8% said that they ran away from the theater or massage room based on their own work experience. When guests show signs of being drunk or high in drugs to escape
About health insurance : 60% have participated in health insurance in the countryside (mandatory purchase by household because of the local achievement quota and provided free of charge in the poor area of 135) but have never used it. . 28% participate in health insurance according to the household only 12% participate in voluntary health insurance
 
 
 


Figure 7: Types of health insurance that the respondents have participated
In the group of people who do not participate in health insurance, the main reason is “no money to participate in health insurance” (accounting for 35%) and “No permanent/temporary residence” (accounting for 40%). 15% said they did not want to take up health insurance.
 
 
 


Figure 8: Reasons for not participating in health insurance
Up to 92% of survey subjects said that they did not have temporary or permanent residence registration in the locality; 8% of people with permanent residence are indigenous people, not people from elsewhere. The main reason for this situation is that “the boss does not allow me to work” (57%); do not know the procedure (24%); do not have identification documents (12%) and do not want to return to their hometown for confirmation (7%)
 
 
 


Figure 9: Reasons for not having temporary or permanent residence
 
Regarding educational services: less than 10% of women working in sensitive services have children but their children are sent in the countryside because they do not have temporary and permanent residence registration, so they cannot register for admission in public schools for their children. Meanwhile, with their income, it is very difficult to access private education services in urban areas because of high tuition and fees.
About legal knowledge: The level of knowledge about the law on labor, employment, health insurance, and social insurance of this group is assessed as low: 70% of respondents said that they have not ever know, or have never read the Law on Labor, Law on Insurance; Health Insurance Law and Employment Law. Results from multiple-choice questions related to these Laws such as the time to sign a labor contract, the content of the labor contract, the rights of the employee, the right to participate in health insurance, insurance society gives incorrect or incorrect results. There are no cases of correct answers to the questions in this section.
 
Legal support: 91% do not receive legal support
HIV awareness: 90% do not know about HIV and sexually transmitted diseases
About Compulsory Social Insurance: 100% are not allowed to participate in Social Insurance because they cannot sign a Labor Contract
About Voluntary Social Insurance : 100% do not participate in voluntary social insurance
About the difficulties encountered in medical examination and treatment: The main difficulty of the survey subjects is the lack of funds (60%), besides, they also noticed the bad attitude of the medical staff, when they dress and put on makeup when they go to the hospital, some people say they notice whispers behind them (25%),
82% of women have not used medical services while working at sensitive service facilities (many women think that they are very young and do not have any diseases, if they are sick, they will buy medicine to treat themselves). sick )
18% of women only go to the doctor when they have a serious illness or severe infection of the genital area
Ms. Bui Thi T (a SW) 25 years old in Nghe An said: I still go to customers when I have a mild infection with bleeding. With this disease, I am also afraid to go to a state medical facility for medical examination and treatment
Dinh Thi H, 20 years old in Ba Vi Hanoi, a Karaoke bar worker in Cau Giay district, said: "I have been infected with HIV for more than a year, but I hide my HIV status so that I can continue to work and have customers. row
Ms. Luong Van S, 21 years old, an employee of a Karaoke bar in Macau, Quang Binh, said: "When I'm sick, I really want to go to the doctor, but I'm afraid of spending money and when I go to the doctor, I have to go with a manager because they I'm afraid I'll run away, so I don't want to go to the doctor
Survey research shows that: In fact, most women are very lazy to go to the doctor, only when they are seriously ill do they go to private clinics for medical examination and treatment and have to bear expensive expenses. Especially, some women have some chronic diseases such as hepatitis B, C including HIV and some sexually transmitted diseases, but are also lazy to seek medical care. There are cases where some women deliberately hide their medical status in order to continue practicing, leading to the status of hepatitis B, C and HIV diseases that can spread to the community.
Women are abused both physically and mentally, exploited for labor .... They have not received the support of state agencies, social organizations, individuals and communities for many objective and objective reasons.
Objective reasons: One of the most important reasons is that women feel guilty about the work they are doing. They think that they are doing criminal work that violates the law. Therefore, women do not dare to report to the authorities when being abused or abused. On the other hand, women's legal awareness is very limited, they are not aware of the protection laws, they are doomed to earn money because of debt and difficult circumstances. Most of the women come from poor rural areas, lack the knowledge to protect themselves, so they have to accept being abused.
Objective reasons: Women have not received attention from local authorities and sectors because when they come to work, they do not report and follow customs procedures; temporary residence registration, temporary residence declaration with local authorities. Women work in one place in one place, must always move when there are guests, so it is very difficult for the local government to manage, not only that, but they are also under the strict management of their grandparents.
Reasons why women do not have access to health services, participate in health insurance but do not use:
+ Join health insurance in your home country, register for initial medical examination in your home country, when you go to another locality, you have to go through the procedure of referral to receive medical examination and treatment.
+ Psychologically afraid to go to the doctor for fear of spending money, fear of knowing that they have a disease and being optimistic, many women have sexually transmitted diseases, HIV but deliberately hide their disease to continue working.

2.  The results of the survey of labor groups are domestic helpers and street vendors

  • For domestic workers:
91% of domestic workers are women, a small percentage are children. 90% of domestic workers are aged from 38 to 55
49% of domestic workers are poor, people with extremely difficult family circumstances in remote areas a

About the level of culture :

35% of people have less than primary education and many are illiterate. Over 60
% have a degree from secondary school to primary school; Only 5% attended high school but didn't graduate
 

Figure 10: Literacy level of domestic help groups
About knowing the law:
Level of understanding of the law on employment, health insurance, insurance
The social status of this target group is rated as low and very low: 82% of respondents said that they have never known, or never read the Law on Labor, Law on Insurance; Law on Health Insurance and Employment Law, Law on HIV/AIDS Prevention and Control.
Legal support:
72% do not receive legal support (work in the family, many landlords do not allow contact with outsiders, low intellectual level, do not understand the law, sophisticated violence tricks do not recognize the acts being violated). violence...)
HIV awareness: 90% do not know about HIV and sexually transmitted diseases
About labor
+100% without Labor Contract. Agreements about their jobs, salaries, and working hours with their families are usually oral.
+76.5% of employees do not have fixed hours, they have to do many unnamed jobs. Working time is over 8 hours, both in the ivory day and at night. The working time of the group of street vendors can be up to 12-14 hours a day, they usually get up from 4 am to buy and prepare goods and leave at 18-19 pm.
 
+100% is not paid social insurance in addition to salary. Domestic helpers, they are only interested in the initial agreed salary and accommodation conditions.
Regarding the form of violence: The person who commits violence against this group of people is a housewife with the main form being scolding (61%); beating, slapping (24%); being subjected to sexual abuse such as hugging, touching, caressing, soliciting (12%); other forms: keeping papers in prison, keeping money, not allowing home visits (3%)
 
 
 

 
 
 
 
 
 
job

Figure 11: Types of violence against domestic workers
About medical
+ 60% have health insurance but cannot access medical services at work
 
+ 90% when sick, they can go back to their hometown to get treatment
About education
+ 100% have children to let them study in their home country, unable to access the system
 
education system in the workplace
 
Research shows that: Domestic workers often face very low wages, long working hours, and no weekends. Women make up 91% of domestic workers, and the majority are migrant workers from rural areas who are very vulnerable to becoming victims of discrimination, exploitation and abuse, including sexual harassment. Especially, for domestic workers who are from outside the province, because of different lifestyles, different customs and are not registered for temporary residence, report to local authorities when coming to work, banned by the government, so they rarely interact and communicate with the outside community and the government does not manage. This is the reason why they are rarely abused.
Discovered and helped by people around. Not only that, it is very difficult for them to access medical services in the locality, suffer from pain often buy self-treatment drugs, seriously ill are not allowed to work by their parents and sent back to their hometown for treatment.
 

●         For street vendors

Regarding the educational level: 65% have a degree from lower secondary school to primary school; 25% have not completed high school and 10% have completed high school
 
 
 


Figure 12: Cultural level of street vendors
 
About legal knowledge: The level of knowledge about the law on employment, employment, health insurance, and social insurance of this group of subjects was assessed as low and very low: 95% of respondents said, they have never known, or never read the Law on Labor, Law on Insurance; Law on Health Insurance and Employment Law, Law on HIV/AIDS Prevention and Control.
 
HIV awareness: 80% do not know about HIV and sexually transmitted diseases
 
About labor and registration of temporary residence
+ 65% of street vendors (migrants) in urban areas face difficulties in accommodation
+ 95% can not carry out procedures for registration of temporary residence, only procedures for declaration of temporary residence.
This is the basic reason why it is very difficult for this group of workers to access health care and education services.
+ 40.6 have difficulty in getting a job
Regarding access to medical services:
+ 63% have health insurance but do not have access to public health services
+ 20% Go back to hometown to treat illness, or buy self-medication medicine
+ 17% use private medical services and have to pay high medical service costs
About education
+ 85% of migrants have to leave their children in their homeland to continue their education
+ 15% of them have to accept to pay higher tuition fees for their children to attend private schools.
Research shows that: street vendors, the vast majority of them are not registered for permanent or temporary residence. As a result, they cannot participate in health insurance in the locality where they work and their children cannot access the public education system. They are very worried when they are sick because they are afraid that no one will take care of them and because they are afraid of spending money on treatment and not being able to work. They are worried about being robbed of goods, having traffic accidents when selling goods under the road, sidewalk h. Because the lack of permanent and temporary residence registration affects security and order and ensures the rights and obligations of street vendors and the management of local population and their own safety.

3.  New findings:

 
- Especially during the research, the Center discovered that sensitive service establishments and tourists have many serious violations of the 2015 Criminal Law, violating the following Articles:
 
Article 134 of the 2015 Penal Code “Intentionally causing injury or causing harm to the health of others”
 
Article 141 Penal Code 2015 “Rape”
 
Article 155 of the 2015 Penal Code “Crime of humiliating others”
 
Article 157 Penal Code 2015 “Crime of illegally arresting, detaining or detaining people” Article 329 Penal Code 2015 “Crime of buying sex from people under 18 years old”
In the past, it was difficult for informal workers to participate in health insurance, but now many people have joined health insurance. However, the health insurance card cannot be used.
 
  • Currently, she finds out that the domestic worker is a child abuser, and the elderly are family members of his employer.
 
  • Young male sex workers aged 30 years or older now prefer to have sex with female sex workers aged 35-55 years old, this group of sex buyers often acts violently towards prostitutes.
 
-There are cases where some women intentionally hide their disease status to continue practicing, leading to the status of hepatitis B, C, HIV diseases that can spread to the community.
 
  • Many men form contracts and debt with women to perform sensitive services to control women from exploiting women's labor and abusing them like women without daring to report them to the police.
 
  • The economic and social recession caused by the COVID-19 pandemic has severely affected the livelihoods of sensitive service workers. They are at greater risk of violence. They also often find it difficult to access social protection when subjected to abuse due to stigma, discrimination and illegal prostitution.
 
  • Especially, there are women who both do sensitive services, help with household chores, and sell street food.
 
  • Because renting is expensive, many street vendors rent collective houses and have
Because of the situation of promiscuous sex, many of them do not know about HIV/AIDS, so it is easy to transmit HIV.
 
  • Due to current regulations, sex workers are not allowed to be sent to Dignity Rehabilitation Centers, so many female sex workers have publicly disclosed their identities.
 

V.   CONCLUSIONS AND RECOMMENDATIONS

 
  1. Conclusion:
 
Through a survey of service workers in sensitive areas, domestic helpers, street vendors in Hanoi, Nghe An, Quang Binh, it was found that: Human rights, civil rights, labor rights, access to health services, education and support from the state and society with this group of workers are very limited. In the current context, this group of workers still exists and has an increasingly developed position, it is very necessary to protect the interests of this group of people, in accordance with the spirit of the 2013 Constitution and regulations. of the current law on the protection of civil rights and human rights.

2.   Recommendations:

The survey shows that, in order to build a set of legal support tools for sensitive service workers, domestic helpers, street vendors, it is necessary to pay attention to the following points:

Own problem:

For women working in sensitive service areas:
The vast majority of workers were violated in terms of labor laws, were subjected to violence at work
physical and mental abuse, dignity, deprivation of wages), lack of access to health and educational services
For domestic help
The vast majority do not understand the law, suffer violence, work without a labor contract, do not understand the overtime working regime, and working overtime without additional pay means being exploited. labor, many people always have a resigned attitude.
For street vendors:
Access to health services is difficult, difficult in employment because street goods are banned in many localities. In education, children are not allowed to go to public schools because they do not have permanent residence.

General problem :

Many of them are not eligible for legal aid, if they are eligible for legal aid, they will not be eligible for legal aid because they are from another locality.
They do not care, do not want to learn the law and there are many people who work all day and do not have time to learn the law.
They belong to the group of people with low knowledge when it comes to the law that they do not want to learn. They have media (such as smartphones, TV...) but they are only interested in entertainment programs and what they care about especially is that income is money.
Many people already have health insurance, choose to participate in the home country to register for the initial medical examination at home, that's why when they go to another place to work, the vast majority cannot use health insurance, when they fall ill. must use private medical services and bear such expensive costs or do not go to the doctor to buy medicine for treatment.
Many people have health insurance but do not understand their rights when participating in health insurance. “Because: Health insurance is a type of compulsory health insurance, purchased by households or provided free of charge in extremely difficult areas. Many localities only focus on mobilizing people to participate in health insurance to get achievements, but do not pay attention to explaining the benefits of health insurance participants.
  1. Proposal to build Formal Toolkit : there are 2 forms
Software: so that it can be installed on the phone so that employees can view it at any time
Hardware: hand transmitter (primarily for those who do not have a smartphone, and also available for those with a smartphone)

Content:

Part 1: Identifying violations of rights (compared with legal provisions) and self-defense skills. (with illustrations)
Part 2: Communication skills with agencies and organizations in approaching and defending issues of employment, health, education (with illustrations)
Part 3: Administrative procedures in the field, labor, employment, health care, education and barriers to overcome
Appendix: Supported Addresses
 
BILLION SURVEY QUESTIONS
 
EMPLOYEES IN THE UNOFFICIAL AREAS
 
 
 
GENERAL INFORMATION                                                                    Questionnaire Number 
 
PROVINCE/CITY:……………………………………………………
DISTRICT: ………………………………………………..
WARDS……………….…………………………………..
 
 
 
QUICK SURVEY QUESTIONS
ST
BILLION
QUESTION ANSWER TAKE NOTE
UNCLE
01 Sex Female first  
    male 2
    Is different................................................. ....  
    .....  
02 How old are you this year? Age (in years) first  
  [QUESTION: Is that age calculated according to the solar calendar ha? If follow don't know
… 2
  according to the lunar calendar, minus one  
  five]   ...
.
03 Marital status Single first  
    Marry 2
    Married 3
04 Did you ever go to school? Never went to school first  
  If yes, what is the highest level of education achieved? Did not complete elementary school Completed elementary school
Have not completed junior high school
2
3
4
    Completed lower secondary school (6-9) 5
    Have not completed high school 6
    Completing High School 7
    (10-12)  
    Vocational high school 8
    College/University or higher 9
05 What job are you currently doing? Karaoke staff first  
  do? Bar staff
Massage staff
2
3
    Restaurant and hotel staff 4
    Housemaid 5
    Taking care of the sick 6
    Babysitting babysitting 7
    Hawk 8
    Motorbike 9
    Job first
    is different………………………… 0
06 Do you work with an employment contract? Yes No first
2
 
 
 
07 How long have you been working? One month Three months
From three months or more
first
2
3
 
08 Could you please tell me the reason why it is not suitable? Don't know if there is a labor contract first  
  co-labor Mr. ch did not sign the labor contract
Do not want to sign a labor contract to receive money
2
3
    more than  
    Reason 4
    is different…………………......................  
09 Have you been discriminated against in Have first  
  work?  
Is not
 
2
ten Could you tell me the reason for the discrimination? Sex first  
  be treated at work and when performing work? Ethnicity Social composition
Marital status
2
3
4
    Beliefs, religions 5
    HIV infection, disability 6
    Another reason…………. 7
11 Who often discriminates against you? Employers Colleagues Other................................................................................. .............
......
first
2
3
 
twelfth How many hours do you work in a day? Less than 8 hours
8 hours More than 8 hours (specify)…………
first
2
3
 
13 Could you please tell me when you/ Morning first  
  work? Afternoon
All day
2
3
    All night 4
    Unstable 5
    Is different……......................................... 6
14 Income from current job Not guaranteed first  
  Guaranteed to maintain life Ensure 2
  No?    
15 Did you receive your salary? Correct first  
  in accordance with the labor contract or Incorrect 2
  Is the agreement correct?    
16 Do you receive a salary? Correct first  
  on time as agreed or Incorrect 2
  under the employment contract?    
 
 
17 Have you experienced violence in the workplace?
job?
Is not
Have
first
2
 
18 Who are the people who are often violent towards you? Employers Friends Colleagues Customers
Is different................................................. ....
......
first
2
3
4
 
19 Could you tell me why you were abused? Not doing a good job Not working according to his wishes Not following the customer's wishes Due to the customer being drunk (high and high)
drugs) Competing for guests with co-workers
Is different……………….
first
2
3
4
5
6
 
 
20
Can you tell me how many times you have been abused? 0 times
  1. time
  2. Other times (specify)…………………….
first
2
3
4
 
 
 
21
Can you tell me about the types of abuse? Beating Forced sex
Forced reception of guests Forced use of stimulants
Abuse Don't Pay
Blackmail threatens to release hot photos Threatening to provide information to people
body Other form ……………………
first
2
3
4
5
6
7
8
9
 
 
22
What do you do to protect yourself when being abused? Do nothing Fight back to protect yourself Thanks to a friend, relative, co-worker
help businesses Report the police, the government help Ask a lawyer, Center for TVPL, newspaper
support Complaints, petitions, lawsuits Other measures……………….
first
2
3
 
4
5
 
6
7
 
23 Are you participating in health insurance? Is not
 
Have
first
 
2
 
 
 
24 If yes, what is your health insurance coverage?
(The interviewer reads the answer options aloud)
Poor households Near-poor households Self-buying health insurance
Health insurance for households Only employers who buy health insurance Other (specify:                                            )
first
2
3
4
5
6
 
25 Where did you register for medical examination and treatment with Health Insurance? Medical Center ã/ward Medical Center District, district, city
Other Streets ..................................................................................... .....
first
2
3
 
26 Are there any difficulties when using the health insurance card for medical examination and treatment? Complicated procedures Long waiting time
Inadequate medical examination equipment Poor and ineffective medical examination
Is different............................
first
2
3
4
5
 
27 Could you tell me the reason for not participating in health insurance? Don't know if you have health insurance Don't want to join health insurance Don't have money to join health insurance No permanent/temporary residence
Is different……………………………….
first
2
3
4
5
 
28 If you do not have a health insurance card, where do you usually go for medical examination and treatment? Hospital for private examination
Going to the pharmacy to buy medicine Other................................................................................. ..........
first
2
3
4
 
29 If you are sick but do not have a Health Insurance card, where do you get the money for medical treatment? Own money Money from relatives/family Money helped by friends b
Money Goes And Borrows Your Money
Is different ……………………………
first
2
3
4
5
6
 
30 Can you tell me about the difficulties you face in medical examination and treatment? Discrimination Non-local No temporary/permanent residence
No funding Bad attitude of medical staff
At a medical facility Other……………………
first
2
3
4
5
6
7
 
thirty first If you are a parent with a child and your child is living with you, can your child go to school? No children Can go to school Can't go to school first
2
3
 
 
 
32 If you can't go to school, why? Being stigmatized first  
    Not a local 2
    No permanent/temporary residence 3
    No funding 4
    Educational institutions do not want to accept 5
    In an educational institution 6
    Is different……………………………… 7
33 Do you have permanent or temporary registration?
Do you live in the area where you live?
Registered for temporary residence Registered for permanent residence
No registration of temporary residence or
Resident
first
2
3
 
34 Can you tell the difficulties? No legal documents on LURC
He doesn't let me do it. I don't know profanity
Being discriminated against. No papers for prison life. Don't want to go back to the hometown to print evil
Do not lend the household registration book for customs purposes
Is different ……………….
first  
  difficulty in applying for permanent residence/
staying
2
3
4
    5
    6
    7
    8
PART 2: Understanding the Law on Labor, Social Insurance and Health Insurance
[START WITH INTRODUCTION] Now, I want to talk a little bit with you about
Right to labor, social insurance, health insurance
01 Please do you know or have read any of the following laws:  
Labor Law Insurance Law
Law on Health Insurance
Employment Law
Know 1
2
3
4
Don't know 1
2
3
4
02 Could you please tell me why you do not know the above Laws? Unpublished, popular Not noticed on TV, books
Not interested Other (please specify)
first
2
3
4
 
03
According to you, the working time to sign the labor contract? Start to work
  1. month
  2. month
  3. Other month................................................................................................
first
2
3
4
5
                   
 
 
04 Can you tell us some of the contents of the Labor Contract? Working time Rest time
Salary Bonus Social Insurance Health Insurance
Other modes…………..
first
2
3
4
5
6
7
 
05
In the group Rights to protect life, health, honor and dignity of employees, what rights do you know? Unknown Respected honor and dignity Protected, labored, worked
in safe and secure conditions
To be refused to do a job or leave the workplace when it is clear that the risk of occupational accidents and occupational diseases is clear.
Protected against any kind of harassment
sexual disorder
Know all
first
2
3
 
4
 
 
5
6
06 Can you tell me the benefits (benefits) of participating in health insurance? Participant's benefit level
Health insurance
In case of emergency Other benefits to participate in health insurance
first
2
3
07 Can you tell us about some benefits (regimes) you enjoy when participating in social insurance? Maternity benefits Sickness benefits Retirement benefits
Occupational accident regime
Is different………
first
2
3
4
5
08 What difficulties are you facing in your life right now? No problems Difficulty accommodation Difficulty finding a job
Difficulty in learning culture/apprenticeship Difficulty accessing services
economic, Difficulty in accessing the
Educational services Other (Specify)……………
first
2
3
4
5
6
 
 
8

 
09 When faced with that difficulty in life, where do you get help? Blood people
Relatives Friends b Colleagues
Ch. Employing ward Health/Private health care
Local government Other mass organizations (Specify)…………………….
Can't get help
any?
first
2
3
4
5
6
7
8
9
ten
11
ten Help form In cash Psychological and emotional counseling Legal advice first
2
3
PART 3: Understanding the Law on HIV/AIDS prevention and control
Now, I want to talk a little bit with you about the Law on HIV/AIDS prevention and control
  According to you, HIV is Unsafe sex first
01 by which way? Through blood
From m to son
2
3
    Is different………. 4
02 According to you Sex buyers first
  who has the following? People who inject drugs 2
  high risk of infection Newborn babies infected with HIV 3
  HIV? Sharing meals with people living with HIV 4
    Catching people with HIV 5
    Is different………… 6
  According to you, the person who has Live in harmony with the community and society first
03 HIV/AIDS has
What rights are laws?
Get treatment and health care
To study culture, to learn professions
2
3
  recognize? Working 4
    Be kept private regarding 5
    HIV AIDS  
    Refusing medical examination and treatment while being treated 6
    AIDS in the last stage 7
    don't know 8
    No rights 9
    Is different………… ten