1. Legal basis
The free movement of skilled labor is one of the five core elements to build a unified labor market in the content of the AEC’s integration, based on the ASEAN Free Trade Area Agreement. However, this Agreement does not specifically regulate labor mobility, but only in the scope of trade in services in general. The legal basis of ASEAN’s free movement of skilled labor is documented in the following legal documents:
(i) ASEAN Framework Agreement on Services 1995 (AFAS) and Protocol 2003
Through the structure and approach of the General Agreement on Trade in Services (GATS), the AFAS Agreement provides general principles for establishing specific skills equivalence agreements, aimed at focusing and harmonization of service industries. Article 5(1) of the Agreement defines the principle that: “Each State may recognize the education, experience, requirements, licenses and certifications issued in another country for the purpose of licensing and certification. to the service provider”.
However, because the AFAS Agreement only allows temporary mobility of some individual service providers, commitments are often limited, resulting in very modest results. Therefore, ASEAN decided to amend the AFAS Agreement with the 2003 Protocol. The 2003 Protocol accepted the ASEAN – X Formula; Accordingly, each country may, voluntarily, allow two or more member countries to negotiate and accept the liberalization of trade in services in specific areas where other countries may accession pursuant to subsequent agreements where appropriate to the conditions of accession.
(ii) ASEAN Framework Agreement on Integration of Priority Sectors 2003
This Agreement was signed to facilitate the gradual, rapid and systematic integration process. Accordingly, the priority industries identified are air travel, electronic information technology, healthcare, tourism and logistics. ASEAN commits to full liberalization of priority sectors by the end of 2010, logistics services by 2013, all other services – by the end of 2015.
(iii) ASEAN Charter 2007
With the 2007 Charter, ASEAN affirms its determination to “build a single market and production base with stability, prosperity, competitiveness and economic connectivity, facilitating trade and investment, including the free movement of goods, services and investment flows; the smooth movement of entrepreneurs, the highly skilled, the talented and the workforce and the freer movement of capital flows”.
Subsequently, the 2007 ASEAN Charter concretized the above-mentioned goals with the AEC Master Plan and AEC Strategic Roadmap 2007. At the same time, the Charter outlined the actions to be taken towards it. harmonization and standardization facilitate the movement of skilled labor in the region.
(iv) ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers Cebu 2007
The 2007 Cebu Declaration provided the legal basis for fair and appropriate labor protection.
(v) ASEAN Agreement on Movement of Natural Persons 2012
Based on the AEC Blueprint, the Agreement of 2012 creates an effective mechanism to further liberalize and facilitate the movement of natural persons towards the free flow of skilled labor within ASEAN. through close cooperation between the relevant authorities not limited to trade in goods, trade in services, investment, immigration and labor
(vi) ASEAN Mutual Recognition Arrangements for Skilled Workers in some service sectors
Each country may recognize education, experience, requirements, permits and certifications issued in another country. This is the main tool for the movement of skilled labor within ASEAN, countries may require candidates to meet standards. However, this will pose problems later on due to the difference in level of development among ASEAN countries.
According to the goals of the AEC, there are eight priority professions to facilitate freedom of movement and freedom to work in ASEAN countries. Because each professional profession has its own characteristics, the mechanism different implementation, through 8 agreements.
In addition, ASEAN also signed a Framework Agreement on Mutual Recognition of Surveying Qualifications on November 19, 2011 in Singapore with the aim of creating a framework for ASEAN countries that are ready to participate in negotiations. bilateral and multilateral on mutual recognition as well as promoting exchange of experiences. However, to date no bilateral or multilateral mutual recognition agreement has been reached in this area.
With the above legal grounds, it can be affirmed that the free movement of labor in ASEAN only includes the free flow of skilled labor, but does not include unskilled or unskilled labor.
2. Goals
With the establishment of the ASEAN Economic Community (AEC) at the end of 2015, ASEAN achieved an important milestone in the growing political, economic and cultural integration of the region. As outlined in the 2007 ASEAN Economic Blueprint, the AEC seeks to “transform ASEAN into a region with free movement of goods, services, investment, skilled labor and free capital flows. do more”. While significant progress has been made in liberalizing and normalizing regional standards in most of these areas, the establishment of free movement of skilled labor has been hindered. significantly lags behind.
Although ASEAN has clearly stated its aim to promote skilled labor mobility, current policies follow not only the European Union, where freedom of movement is essentially unimpeded, but also the less ambitious regional trade agreements such as the North American Free Trade Agreement (NAFTA) and the Caribbean Community (CARICOM). The lack of a cohesive regional framework, nationalist and protectionist policies, and mediocrity of politics will impede ASEAN’s mobility of skilled labor. However, employers can still take advantage of policies that facilitate the hiring of skilled workers in certain sectors to address the chronic shortage of skilled workers in ASEAN countries.
3. Methods of liberalization
ASEAN will facilitate the free movement of skilled labor through:
– Allows entry and facilitation in visa issuance and movement of professionals and skilled workers engaged in trade in goods, services and investments.
– Strengthen cooperation among members of the ASEAN University Network (ASEAN University Network – AUN) to facilitate students and university staff in traveling, studying and working in the region.
– Develop the core competencies, qualifications and skills of university lecturers in careers related to ASEAN’s priority integration areas and other service sectors.
– Strengthen the research capacity of member countries on improving the qualifications and skills of workers.
– Develop a labor market information network among ASEAN member countries.
Skilled labor mobility is essential for effective service and FDI liberalization as well as a goal for deeper ASEAN economic integration. Furthermore, as more and more ASEAN countries strive to move up the technological ladder, liberalization of trade in goods and services and FDI is not enough, and a larger pool of experts and skilled manpower is not enough. becomes necessary. Until that time when domestic education and training institutions are able to provide the necessary high-level manpower, countries will have to depend on “foreign talent”. Even if there is sufficient domestic supply, there is still a need for foreign talent, as they will provide competition, stimulation and synergy to improve the quantity, quality and productivity of domestic talent. Some countries, notably Singapore and to a lesser extent, Malaysia see foreign talent as an upgrade and as a competitive tool, enhancing their role as centers of education and healthcare. economy, and at the same time have active policies to promote the flow of foreign experts and skilled human resources. Most ASEAN countries, however, have yet to abandon policies, regulations and practices aimed at protecting domestic professionals and skilled workers from foreign competition.

Effective cooperation among the ASEAN university network on student and staff mobility remains limited, reflecting stark differences in curricula and standards across institutions, lack of role model” of ASEAN and limited financial resources for student and staff exchange. Cooperation and exchange tend to be with universities and institutions from advanced countries of North America, Western Europe, Australia and Japan instead of within ASEAN. The medium of instruction in the country is usually the national language. Greater use of English as a means of instruction will facilitate the exchange of students and staff between ASEAN countries, and in the process achieve broader recognition of academic and professional qualifications. ASEAN expertise. Institutions should redouble their efforts to achieve cooperation and integration in education and adopt policies across countries that will facilitate the exchange of students and staff, and Finally, there is the movement of skilled workers. It would be helpful for ASEAN to adopt a coordinated approach to improve the efficiency of their education and training institutions in providing the skills needed for the labor market.
The MRA appears to be the main tool for skilled labor mobility within ASEAN. However, negotiating for recognition is a complicated and time-consuming process due to differences in development levels among ASEAN countries.

Above is the advice of Khoa Tin Law on: “Analysis of the content of the free movement of skilled workers”

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