|
BỘ NGOẠI GIAO
-------
|
CỘNG HÒA XÃ HỘI
CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
---------------
|
|
Số: 33/2015/TB-LPQT
|
Hà Nội, ngày 28
tháng 07 năm 2015
|
THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC
TẾ CÓ HIỆU LỰC
Thực hiện quy định của Luật Ký kết, gia nhập và thực
hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông báo:
Thỏa thuận về việc phái cử và tiếp nhận lao động
giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Vương quốc
Thái Lan, ký tại Băng-cốc ngày 23 tháng 7 năm 2015, có hiệu lực kể từ ngày
23 tháng 7 năm 2015.
Bộ Ngoại giao trân trọng gửi bản sao thỏa thuận
theo quy định tại Điều 68 của Luật nêu trên./.
|
Nơi nhận:
- Ủy ban Đối ngoại Quốc hội (để
báo cáo);
- Văn phòng Chủ tịch nước (để báo cáo);
- Văn phòng Chính phủ (để báo cáo);
- Phòng Công báo, Văn phòng Chính phủ;
- Bộ Tư pháp;
- Bộ Lao động, Thương binh và xã hội;
- Bộ Công an;
- Bộ Tài chính;
- Ngân hàng Nhà nước Việt Nam;
- Đại sứ quán Việt Nam tại Thái Lan;
- Bộ Ngoại giao: ĐNA;
- Lưu: LPQT (2).
|
TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Đức Hạnh
|
AGREEMENT ON THE EMPLOYMENT OF WORKERS
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF THE KINGDOM
OF THAILAND
Pursuant to Article 5 of the
Memorandum of Understanding between the Government of the Socialist Republic of
Viet Nam and the Government of the Kingdom of Thailand on Labour Cooperation,
2015; the Government of the Socialist Republic of Viet Nam represented by the
Ministry of Labour, Invalids and Social Affairs and the Government of the
Kingdom of Thailand represented by the Ministry of Labour (hereinafter referred
to jointly as the “Parties” and individually as a “Party”),
Have reached the following
understanding;
Article
1
Purpose
The purpose of this Agreement on
the Employment of Workers (hereinafter referred to as the “Agreement”) is to
develop and expand cooperation between the Parties and establish a concrete
framework for faciIitation contractual employment of workers in the territory
of the Parties in an efficient, transparent and cost effective manner.
In this regard, both Parties shall
take necessary measures to ensure that:
a. Proper procedures for
employment of workers are followed;
b. Procedures on repatriation of
workers who have completed the terms and conditions of employment contract to
their country of origin are effective;
c. Workers are entitled to obtain
legal protections and shall abide by laws of the other Party.
The Parties shall cooperate on the
employment of workers in the construction and fishing sectors as a pilot
project.
Article
2
Definitions
For the purpose of this Agreement
a. “Worker” means a citizen from
either Party who is recruited by his/her Government agency(ies) to work in the
territory of the other Party;
b. “Employer” means a business
enterprise or a business owner that employs the workers from the sending Party
pursuant to the relevant rules and laws of the receiving Party;
c. “Employee” means a worker from
the sending Party who voluntarily enters the territory of the other Party for
employment and agrees to work legally for an employer to earn wages in return
under the definite term of employment contract;
d. “Sending Agency” refers to the
Government Agency authorized by the competent authority and the agency(ies)
approved by competent authority or by such authorized Government Agency to
recruit and send the workers to work in the receiving country under this
Agreement;
e. “Receiving Agency” refers to
the Government Agency authorized by the competent authority and the agency(ies)
approved by competent authority or by such authorized Government Agency to
receive the workers from the sending agency to work in the receiving country
under this Agreement.
Article
3
Competent
Authorities
For the purpose of implementation
of this Agreement, the competent authorities shall be:
a) Ministry of Labor, Invalids and
Social Affairs on behalf of the Socialist Republic of Viet Nam;
b) Ministry of Labour on behalf of
the Government of the Kingdom of Thailand.
Article
4
Rights
and Obligations of workers and employees
1. Workers who entered the
territory of the receiving country for employment under this Agreement shall be
entitled to the same fair treatments as enjoyed by local workers based on the
basic principles of non-discrimination and equality, regardless of gender,
ethnic and religious differences.
2. Workers who entered the
territory of the receiving country for employment under this Agreement shall
obtain protection, rights and benefits in accordance with the employment
contracts, labour laws and regulations in force in the receiving country.
3. Employees can transfer their
money and rightful property.
4. Employees shall abide by laws,
rules and regulations; respect local customs, traditions of the receiving Party
and shall not take part or interfere in political affairs or any other internal
matters of the receiving Party.
5. Employees shall contribute to
the funds, if any, in pursuant to the laws and regulations of both countries.
6. Employees shall pay taxes or
others as required by the laws and regulations of both countries.
7. If the employment contract has
been terminated before its due date resulted from the fault of the employee, he/she
shall return to their country of origin on his/her own expense.
8. Employee is allowed to work
only after they are granted the work permits by the competent authority of the
receiving country and the employee shall work only for the permitted employer
and in the permitted areas.
Article
5
Rights
and Obligations of employers
The competent authority shall
establish measures to ensure that:
1. Employers are responsible for applying
for visa, work permit as well as complying with the laws of the receiving
country concerning social security and workmen’s compensation.
2. In the event of an accident or
serious illness or death of the employees during the term of employees contract,
the employers shall notify the competent authority of the receiving country and
the embassy of the sending country located in the receiving country. Such
employers shall make all the procedures to claim insurance for the workers and
arrange for the repatriation of the empIoyee's remains and personal belongings
to their country of origin in case of death.
3. For the reason of safety and
health of foreign workers, employers shall arrange the proper accommodation for
employees and employees should accommodate in the arranged premises.
4. If the employee’s employment
contract has been terminated before its due date and the termination is not
from his/her fault, the government authority shall make effort to find the new
employer for the duration remains in his/her work permit or the employer must
be responsible for an economy class ticker for him/her to return to his/her
country.
Article
6
Sending
and Receiving Process
1. Recruitment of workers and
their entry into the territoty of the other Party for employment shall be
regulated in accordance with relevant laws, rules and procedures of both
Parties.
2. The sending agency shall have
the transparent and efficient system for the registration of workers who are
willing to be recruited to work abroad under this Agreement.
3.The receiving agency shall
inform the sending agency of the name list of permitted employers who have
indicated their intention to employ foreign workers, including the number of
workers, qualification of workers required, condition of employment and offered
remuneration.
4. The sending agency shall
conduct the matching process between the permitted employers and the registered
workers or facilitate the permitted employers on the workers selection process.
5. The sending agency shall inform
the receiving agency of the name list of workers who pass the recruitment
process and the medical checkup as agreed by the Parties. The selected workers
shall be offered an employment contract before travelling to the receiving
country.
Article
7
Employment
Contract
1. The employment contract,
approved by the competent authority of the receiving country, shall be
concluded between the worker and the employer for the duration of 2 (two)
years. The term of employment contract is extendable, if necessary, for another
2 (two) years. After completion of the term of employment, the worker shall
return to their country of origin.
In the case of re-applying for
employment in the receiving country, a worker needs to return to their country
and a 30 (thirty) days break is required before re-applying for employment.
2. The sending agency shall
provide the workers with a copy of the employment contract.
Article
8
Authentication
The employment contract and all
other documents relating to the employment of workers shall be done in
Vietnamese, Thai and English, and authenticated by the Embassy of the sending
country located in the receiving country.
Article
9
Orientation
and Preliminary Education of Workers
1. The competent authorities of
the Parties shall provide their counterparts with the information on language,
religion, living and working conditions in the receiving country including
information on workers’ rights, duties and benefits under the laws and
regulations of the receiving country.
2. The competent authority of the
sending country or sending agency shall conduct a mandatory orientation for the
workers concerning the information as prescribed in Paragraph 1 of Article 9
including contents of the employment contract or written offer of employment
sent by the employers to the workers to ensure that workers have clear
understanding of the terms and conditions of their employment.
Article
10
Visa,
Work permit and Health services
The competent authorities shall coordinate
with their authorities concerned to ensure that workers, who have been selected
and duly permitted pursuant to the laws and regulations of the sending country,
have fulfilled in pursuant of the laws and regulations of the receiving
country, inter alia, the following requirements;
1. Visa;
2. Work permit;
3. Health insurance or health
services as required.
Article
11
Return
and Repatriation
1. The Parties shall extend their fullest
cooperation to ensure that the employee who has completed their term of
employment contract or whose employment contract has been terminated before its
due date resulted from the fault of the employee shall return to their country
of origin.
2. The competent authorities of
both Parties shall be responsible for administrating the name list of employees
permitted to work under this Agreement. The Competent Authorities shall keep
the name list of employees who have returned to their country of origin at the
end of their employment term for the purpose of reference and review.
3. The competent authority shall
establish measures to ensure that the employers shall notify the competent
authority of the receiving country the name list of employees who have left
their employment either by the completion of their employment term or any other
reasons. The competent authority of the receiving country shall, in turn,
provide such name list directly to the competent authority of the sending
country.
Article
12
Dispute
Settlement
Any dispute occurred between the
employees and employers regarding the employment shall be settled in accordance
with laws and regulations of the receiving country.
Article
13
Cooperation
on Implementation
1. The Parties shall take all necessary
measures, in their respective territory, to prevent and suppress illegal border
crossing, human trafficking for, employment and illegal employment of foreign
workers.
2. The competent authorities of
the Parties shall conduct a meeting on the implementation of the Agreement
periodically for senior officials.
3. The competent authorities of
the Parties through the coordinating officers shall work together to solve
problems as well as to protect rights and benefits of workers in accordance
with employment contract including laws and regulations of the receiving
country.
Article
14
Amendment
1. Any changes of this Agreement
shall be made by mutual consent through negotiation between both Parties.
2. The Parties may revise, amend
or modify this Agreement by mutual consent through diplomatic channel.
Article
15
Entry
into force and Termination
1. This Agreement shall enter into
force on the date of signature by the Parties.
2. This Agreement shall be
effective for 2 (two) years, and may be renewed upon mutual consent and shall
remain effective during its renewal process unless either Party requests to
terminate its effectiveness.
3. Either Party may request to
terminate this Agreement or suspend the implementation of this Agreement on any
reasonable ground by presenting written notice to the other Party.
4. The termination shall take
effect 60 (sixty) days after the date of presenting written notice to the other
Party.
5. The termination of this
Agreement shall not affect the validity and duration of any employment contract
until the completion of such contract.
IN WITNESS WHEREOF, the
undersigned, being duly authorized by their respective Governments, have signed
this Agreement.
DONE in duplicate at Bangkok,
Thailand on this 23rd day of July 2015, in the English language.
|
FOR THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
Pham Thi Hai Chuyen
Minister of Labor, Invalids and Social Affairs
|
FOR THE
GOVERNMENT OF THE KINGDOM OF THAILAND
Surasak Karnjanarat
Minister of Labour
|