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BỘ
NGOẠI GIAO
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CỘNG
HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số:
40/2015/TB-LPQT
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Hà Nội, ngày 14 tháng 08 năm 2015
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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:
Bản ghi nhớ giữa Chính phủ nước Cộng
hòa xã hội chủ nghĩa Việt Nam và Chính phủ Ma-lai-xi-a về tuyển chọn và sử dụng
lao động ký tại Kua-la-Lăm-pua ngày 07 tháng 8 năm 2015,
có hiệu lực kể từ ngày 07 tháng 8 năm 2015.
Về ngôn ngữ ký, theo quy định Bản ghi
nhớ được ký bằng tiếng Việt, tiếng Mã-lai và tiếng Anh. Tuy nhiên, trong quá
trình chuẩn bị văn kiện phục vụ lễ ký trong chuyến thăm chính thức Ma-lai-xi-a
của Thủ tướng Chính phủ từ ngày 07 - 08/8/2015, hai Bên chưa kịp hoàn tất văn bản
tiếng Việt và tiếng Mã-lai. Bộ Ngoại giao đã đề nghị Bộ Lao động - Thương binh
và Xã hội phối hợp với phía Bạn để sớm hoàn tất việc ký văn bản tiếng Việt và
tiếng Mã-lai.
Theo quy định tại Điều
68 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại
giao trân trọng gửi Quý Cơ quan bản sao Bản ghi nhớ đã ký bằng tiếng Anh và dự
thảo văn bản bằng tiếng Việt để tham khảo.
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TL.
BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Văn Ngự
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MEMORANDUM
OF UNDERSTANDING
BETWEEN
THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
AND
THE
GOVERNMENT OF MALAYSIA
ON
THE EMPLOYMENT OF WORKERS
THE GOVERNMENT OF THE SOCIALIST
REPUBLIC OF VIET NAM as represented by Ministry of
Labour, War Invalids and Social Affairs and THE GOVERNMENT OF MALAYSIA
as represented by the Ministry of Human
Resources (hereinafter referred to singularly as ‘the Party’ and collectively as ‘the Parties’),
REFERING to
the Memorandum of Understanding on
the recruitment of Vietnamese workers between the
Government of Malaysia and the Government of Socialist Republic of Viet Nam signed on 1 December 2003 (hereinafter referred to as “MOU 2003”) whereby both Parties have agreed to promote the rights and
protections of both the Employers and the Workers;
BELIEVING
that the employment of Workers from Viet Nam in Malaysia shall be an area of cooperation which is mutually beneficial to both Parties;
REALIZING the need to establish a framework to facilitate the recruitment, employment and repatriation of the said Workers from Viet Nam; and
SUBJECT
to the laws, rules, regulations, national policies and directives of the respective
countries,
HAVE AGREED as follows:
Article
1
DEFINITIONS
For the purpose of this Memorandum of
Understanding
“Contract of Employment” means the
contract of employment entered into between the Employer
and the Worker annexed as Appendix A in Article 4 of this Memorandum of Understanding.
“Employer” means a company
incorporated under the laws of Malaysia or a sole proprietor or any person in
Malaysia providing employment in Malaysia to Workers and
who has been given approval by the Government of Malaysia to employ Workers.
“Worker” means a citizen of Viet Nam
who is contracting or contracted to work in Malaysia for a specified period of
time, as stipulated in the contract of employment, but does not include
domestic workers.
“Malaysian Recruitment Agencies”
(MRA) - means a private employment agency licensed under the Private Employment
Agency Act 1981 and approved by the Government of Malaysia for the purpose of
recruiting Worker from Viet Nam.
“Viet Nam Recruitment Agencies” (VRA)
means an enterprise licensed under the Law on Vietnamese
Workers Working Abroad under Contract and approved by the Government of Viet Nam for the purpose of recruiting and sending workers to work in Malaysia.
Words and expressions in the singular include the plural, and words and expressions
in the plural include the singular.
Article
2
OBJECTIVE
The objective of this Memorandum of
Understanding is to establish a framework relating to the
recruitment, employment and repatriation of Workers from Viet Nam who intends
to work in Malaysia.
Article 3
TERMS AND CONDITIONS OF EMPLOYMENT
The Parties recognize that the Workers shall be employed in accordance
with the terms and conditions of employment as provided under the relevant
laws, rules, regulations, national policies and directives relating to
employment in Malaysia.
Article 4
CONTRACT OF EMPLOYMENT
1. The Workers employed in Malaysia
shall comply with all Malaysian laws, rules, regulations,
national policies and directives relating to employment in their conduct as
Workers and shall also work in Malaysia in accordance with the terms and
conditions of the Contract of Employment as per Appendix
A.
2. Any amendments to the terms and
conditions of the Contract of Employment in this Memorandum of Understanding
shall be proposed by Joint Working Group.
ARTICLE 5
RECRUITMENT CONDITIONS
1. The Government of Viet Nam agrees
that the Workers who are selected for employment by the
Employer shall fulfil the following
conditions prior to their entry into Malaysia:
i. not less than 18 years of age and
not more than 45 years of age;
ii. possess the required
qualifications and skills specified by the Employer;
iii. possess basic knowledge of
Malaysian culture and social practices;
iv. possess the ability to
communicate either in English or Malay language;
v. comply with Malaysian immigration
and such other relevant procedures;
vi. comply with Malaysian policy on
medical examinations for foreign workers requirements;
vii. do not possess any previous
criminal records; and
viii. any other requirements as may be
determined by the Government of Malaysia from time to time and such requirement
shall be duly informed to the
Government of Viet Nam.
Article
6
PERIOD OF EMPLOYMENT
1. The Workers who are employed under
this Memorandum of Understanding shall work in Malaysia for a specified period
of time in accordance with the Contract of Employment
subject to the approval of the relevant authority in Malaysia.
2. In the event of any downsizing,
total closure, ceasure of business due to cost cutting measures or bankruptcy
or winding up, the affected worker
from Viet Nam shall be given the opportunity to either return back to Viet Nam or be allowed to change employer
in the same sector upon the approval of the relevant authorities in Malaysia.
Article 7
RESPONSIBILITIES
OF PARTIES
The Parties agree that the
responsibilities of the Employer, Workers, Malaysian
Recruitment Agency and Viet Nam Recruitment Agency for the purpose of implementation of this Memorandum of Understanding shall be in
accordance with Appendix B.
Article 8
JOINT WORKING GROUP
1. The Parties agree to establish a
Joint Working Group comprising their relevant officials
dealing with labour, employment and such relevant matters to discuss any matter arising from the implementation of this
Memorandum of Understanding.
2. The Joint Working Group shall
implement this Memorandum of Understanding and shall use their best endeavours
to perform the functions as set out in the terms of
reference in Appendix C.
Article
9
REVISION, MODIFICATION AND AMENDMENT
(i) Either Party may request in writing a revision, modification
or amendment of all or any part of this Memorandum of Understanding.
(ii) Any revision, modification or
amendment agreed to by the Parties shall be reduced in the writing and shall
form part of this Memorandum of Understanding.
(iii) Such revision, modification and
amendment shall come into force on such date as may be determined by the Parties.
(iv) Any revision, modification or amendment shall not prejudice the rights and obligations arising from or based on this Memorandum of
Understanding before or up to the date of such revision,
modification or amendment.
Article 10
SUSPENSION
1. Each party reserves the right for
reasons of national security, national interest, public order or public health
to suspend temporarily, either in whole or in part the implementation of this
Memorandum of Understanding which suspension shall take effect immediately
after notification has been given to the other party through diplomatic channels.
2. The suspension of this Memorandum
of Understanding shall not affect or nullify the Contract of Employment made
between the Employer and the Worker prior the date of suspension of this
Memorandum of Understanding.
Article 11
SETTLEMENT OF DISPUTE
Any difference or dispute between the Parties
concerning the interpretation and/or implementation and/or
application of any of the provision of this Memorandum of Understanding shall
be settled amicably through mutual consultation and/or
negotiations between the Parties through diplomatic
channels, without reference to any third party or international tribunal.
Article
12
CONFIDENTIALITY
1. Each Party shall undertake to
observe the confidentiality and secrecy of documents, information and other data received or supplied to the
other Party during the period of the implementation of this Memorandum of
Understanding or any other agreements made pursuant to this Memorandum of
Understanding.
2. Both Parties agree that the
provisions of this Article shall continue to be binding between the Parties
notwithstanding the termination of this Memorandum of Understanding.
Article 13
REPEAL
Upon the entry into force of this
Memorandum of Understanding, the Parties agreed that the MOU 2003 is hereby
repealed and shall have no force or effect between the Parties.
Article
14
ENTRY INTO FORCE, DURATION AND TERMINATION
1. This Memorandum of Understanding
shall enter into force on the date of signing and shall remain in force for a
period of five (5) years.
2. This Memorandum of Understanding
may be extended for a further period
as may be decided in writing by the Parties.
3. Notwithstanding
anything in this Article, either Party may terminate the Memorandum of Understanding by notifying the other Party of its intention to terminate this
Memorandum of Understanding by a notice in writing through diplomatic channels, at least six (6) months prior to its intention to do so.
4. The Parties agree that the termination of this Memorandum of Understanding shall not
affect or nullify the Contract of Employment made between
the Employer and the Worker prior to the date of
termination of this Memorandum of Understanding.
IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto by their respective Governments, has signed this Memorandum
of Understanding.
DONE at
Kualarlumpur, on this 07th day
of August 2015 in six (6) original copies, two each in English, Malay and Vietnamese languages, all texts being equally authentic.
In the event of any divergence of interpretation between any of the texts, the
English text shall prevail.
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FOR
THE GOVERNMENT
OF THE SOCIALIST REPUBLIC OF
VIET NAM
Madam. Pham Thi Hai Chuyen
Hon.
Minister of Labour, War Invalids & Social Affairs
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FOR
THE GOVERNMENT OF
MALAYSIA
Dato’ Sri Richard Riot Anak Jaem
Hon.
Minister of Human Resources
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APPENDIX A
CONTRACT OF EMPLOYMENT
This CONTRACT OF EMPLOYMENT is
made on this day.... month of......20... between..........
(hereinafter referred to as “the Employer”)
of one part and......... Passport No. ....... and/or Birth Registration No. ...........
(hereinafter referred to as “the Worker”) of the other part.
WHEREAS
the Employer shall employ the Worker in accordance with the terms and
conditions of this Contract of Employment and subject to
the provisions of the relevant laws, regulations, rules, national policies and
directives of Malaysia.
IT IS HEREBY AGREED as follows:
1. Duration of the Contract
of Employment
The duration of the Contract of
Employment will be for a period of .... years commencing on the day of arrival
of the Worker until such time the Contract of Employment is terminated in
accordance with the terms and conditions of this Contract of Employment.
2. Wages
2.1. The Worker shall receive a basic
wage of RM .............. (excluding allowances and
overtime). This basic wage shall comply with the national minimum wage.
2.2. Wages shall be paid by the
Employer on a monthly basis not later than seventh day of the following month.
2.3. The payment of the monthly wages
shall be made through a bank account in the worker’s name.
3. Working Hours
Working hours shall be eight (8)
hours per day in accordance with the labour laws in Malaysia.
4. Overtime
Subject to the labour laws in
Malaysia, in the event the Worker, upon the request by the Employer, agrees to
work in excess of his normal hours of work, the Worker
shall be paid at a rate:
(a) In the case of normal day, one
and half (1.5) times his hourly rate of pay;
(b) In the case of rest day, two
(2.0) times his hourly rate of pay; and
(c) In the case of public holiday,
three (3.0) times his hourly rate of pay.
5. Rest Day
5.1 The Worker shall be entitled to
one day rest in each week
5.2 In the event the Worker, upon the
request by the employer, agrees to work on his/her rest day, the worker shall be paid in accordance with the labour laws in Malaysia.
6. Public Holiday
6.1 The Worker shall be entitled to
public holidays in accordance with the labour laws in Malaysia.
6.2 In the event the Worker, upon the
request by the employer, agrees to work on his/her public holiday, the worker
shall be paid in accordance with the labour laws in Malaysia.
7. Annual Leave
The Worker shall be entitled to
annual leave as in accordance with the labour laws in Malaysia
8. Levy
The payment of levy is subject to the
relevant laws, rules, regulations, national policies and directives applicable
in Malaysia from time to time in force.
9. Medical and Accident Insurance
The Worker shall be insured under the
Foreign Worker’s Compensation Scheme (FWCS) under the Workmen’s Compensation
Act 1952 and if applicable, the Foreign Workers Health Insurance Scheme
(SPIKPA).
10. Deductions
The Employer is entitled to make
deduction for not more than 50% in a month from the
Worker’s wages in the event of any monetary advance in accordance with the
labour laws in Malaysia.
11. Accommodation
The Employer shall provide the Worker
with reasonable accommodation with basic amenities.
12. Sick Leave
The Worker shall be entitled to a
paid sick leave in accordance with the labour laws in
Malaysia.
13. Renewal of Worker’s Visit Pass (Temporary
Employment)
13.1 The Employer shall renew the
Worker’s Visit Pass (Temporary Employment) three (3) months before the expiry
date.
13.2 Any penalty or compound due to
the failure of the Employer to do so shall be borne by the Employer.
13.3 In case the Employer fails to
renew the Worker’s Visit Pass (Temporary Employment) three (3) months before
the expiry date, the worker shall report to the nearest labour office of
Malaysia or to the Embassy of Viet Nam and the Embassy of Viet Nam shall
forward the report to the Ministry of Human Resources, Malaysia for further
action.
14. Air Passage
The first travelling expenses from Viet Nam to any agreed point of entry in Malaysia shall be borne by the
Worker and the expenses from any agreed point of exit in Malaysia to Viet Nam shall
be borne by the Employer upon completion of Contract of Employment.
15. Repatriation
The repatriation cost of the Worker
trom his place of work in Malaysia to his original exit point in Viet Nam shall
be borne by the Employer under the following circumstances:
(i) at the
completion of Contract of Employment;
(ii) termination of the Contract of
Employment by the Employer other than non-compliance of the terms and
conditions of this contract of employment by the worker; or
(iii) termination of this contract of
employment by the worker due to non-compliance of the terms and conditions of
the Contract of Employment by the Employer.
16. Termination
16.1 In the event the Employer
intends to terminate this Contract of Employment, the Employer shall give two (2)
months notice of his intention to terminate such Contract of Employment or two
(2) months’ wages in lieu of notice to the Worker, and shall provide air fare
to Viet Nam for the Worker.
16.2 In the event the Worker intends
to terminate this Contract of Employment, the Worker shall give two (2) months’
notice or indemnify two (2) months’ wages in lieu thereof
to the Employer and the Worker shall bear the cost of air fare to Viet Nam.
17. Restrictions
17.1 The Worker shall not participate
in any political activities or activities of those connected with political
organizations in Malaysia.
17.2 The Worker shall not change employment during the Contract of Employment period and
shall not carry or do other business.
17.3 lf the Worker is found by the
competent authority concerned creating social problems or engages in any illegal, subversive or criminal activities, the Worker shall be dismissed from
the job and shall be repatriated to Viet Nam at the Worker's own expenses.
17.4 In the event of any downsizing,
total closure, ceasure of business due to cost cutting measures or bankruptcy
or winding up, the affected worker from Viet Nam shall be given the opportunity
to either return back to Viet Nam or be allowed to change employer in the same sector upon the approval of the relevant authorities in Malaysia.
17.5 In the event the Worker marries
any person in Malaysia during the worker’s period of employment under this
contract of employment, the Government of Malaysia reserves the right to revoke
the Visit Pass (Temporary Employment) of the Worker.
18. Extension
The Employer and the Worker may agree
that the contract of employment may be extended, subject
to any requirements under the laws of Malaysia imposed by the Government of
Malaysia.
19. Safekeeping of the
Passport
19.1 The Employer shall not keep the
passport of the Worker in his custody.
19.2 The Worker shall carry the
passport all the time. In the event that the Worker’s passport is lost or
damaged, the Worker shall bear all related expenses.
19.3 The Worker shall submit the
passport to the Employer for the following purposes:
(i) medical screenings;
(ii) application
of Visit Pass (Temporary Employment);
(iii)
application of Foreign Workers Identity Card; and
(iv) renewal of
Visit Pass (Temporary Employment).
The passport shall be returned to the
Worker upon completion of these purposes.
In the event that the Worker’s
passport is lost or damaged while in the custody of the Employer for the above
mentioned purposes, the Employer shall bear all related
expenses.
20. Foreign Worker Identity
Card
The employer shall ensure that each
Worker receives the Foreign Worker Identity Card (l-Kad).
21. Outstanding Wages and
other payments
In the event the worker is to be repatriated before the expiry of the Contract of
Employment, the employer shall pay all outstanding basic wages and all other payments owed to the worker subject to
relevant laws in Malaysia.
22. Amendment
The Employer and the Worker may amend
the Contract of Employment to incorporate any other terms and conditions which
shall be more favourable to the Worker.
23. Time is an Essence
Time whenever mentioned shall be the
essence of this Contract of Employment.
24. Interpretation
In the event there is a conflict of interpretation between the English text
and any text in other language used in this Contract of Employment, the English text shall
prevail.
25. Laws
This Contract of Employment shall be
subjected to the laws of Malaysia.
26. Succession
This Contract of Employment shall be
binding of the successor in title, assigns, personnel, representatives of the
parties hereto.
IN WITNESS
WHEREOF the parties hereto have signed this Contract
of Employment on the day and year mentioned at the beginning of this Contract
of Employment.
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..........................................
........................................
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(Employer's Signature)
Name:
NRIC No.
Address:
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(Worker's Signature)
Name:
Passport No.:
Emergency Contact No.
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................................................
(Signature of Witness from Employer)
Name:
Address:
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I hereby declare details of my
dependant:
Name:
Address:
Contact No.
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.................................................
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(Signature of Witness from Worker)
Name:
Address:
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APPENDIX B
Responsibilities
of Employers
(i) The Employer shall recruit
Workers directly or through an authorised Malaysian Recruitment Agency to
recruit Worker in Viet Nam through Viet Nam Recruitment Agency which is approved by the Government of Viet Nam. The Employer is also
responsible for obtaining the approval of the relevant authorities in Malaysia
for that purpose.
(ii) The Employer shall comply with the terms and conditions stipulated in
the Contract of Employment including the payment of basic wages (excluding allowances and overtime) in accordance to the
national minimum wage.
(iii) The Employer shall ensure the
wages will be paid on a monthly basis not later than seventh day of the
following month and payment of the monthly wages shall be made through a bank
account in the name of the Worker.
(iv) The Employer and/or authorised
Malaysian Recruitment Agency shall provide the actual Contract
of Employment duly signed by the employer to the Viet Nam Embassy for
attestation purposes. The said Contract of Employment will
be submitted to the Workers and/or Viet Nam Recruitment Agency to be signed by
the Workers in Viet Nam before departure. A copy of the said Contract of
Employment shall be furnished to the relevant labour authority of Viet Nam. The
Contract of Employment will be in bilingual
(English and Vietnamese). If there is any dispute to the Contract of Employment
the English text shall prevail.
(v) The Employer shall be responsible for alI the requirements relating to the entry
and employment of the Workers in Malaysia;
(vi) The terms and conditions of the
Contract of Employment must be clearly stated and must be
fully explained, and understood by the Workers during selection exercise;
(vii) The Employer shall be
responsible for the following payments:
(a) Security deposits as required by
the Immigration Department of Malaysia;
(b) Processing Fees;
(c) Visit Pass (Temporary Employment);
(d) Insurance under the Foreign
Worker’s Compensation Scheme (FWCS) and if applicable, the Foreign Workers
Health Insurance Scheme (SPIKPA); and
(e) Medical examination.
(viii) The Employer may advance such payment
and shall be allowed to deduct not more than 50% from the Workers’ monthly
wages for all types of deductions to recover such advances. The amount and
duration of deduction must be clearly stated in the separate agreement between
both Parties.
(ix) The payment of levy is subject
to the relevant laws, rules, regulations, national policies
and directives applicable in Malaysia trom time to time in force.
(x) The Employer shall be responsible
to receive the Workers upon arrival at the entry point in Malaysia as soon as
possible, but not exceeding 24 hours from the time of
arrival.
(xi) The Employer shall ensure the
Worker undergo medical examination as follows:
(a) within thirty (30) days from the
date of arrival of the Worker in Malaysia;
(b) once every year for the first two years of employment; and
(c) as required by the Government of
Malaysia for the subsequent years of employment.
(xii) The Employer shall renew the Workers’ Visit Pass (Temporary Employment) three
(3) months before the expiry date. Any penalty or compound due to the failure
of the Employer to do so shall be borne by the Employer.
(xiii) The Employer shall ensure that
each Worker receives the Foreign Worker Identity Card (l-Kad).
(xiv) In the event of death of the
Worker, the funeral and the repatriation of the remains
shall be arranged at the expense of the Employer as provided
for under the Workmen’s Compensation Act 1952. The employer shall report to the
nearest Labour Department in the event of any injury or death of the Workers as
provided under the Workmen's Compensation Act 1952.
(xv) The Employer shall at all
times respect and pay due regards to the
sensitivity of religious belief of
the Workers.
(xvi) The Employer shall provide the
Workers with reasonable accommodation with basic amenities.
(xvii) The Employer shall undertake
that the Workers shall be employed for the purpose of duties specified in the Visit Pass (Temporary Employment).
(xviii) The Employer shall furnish
the Malaysian Labour Department particulars of the Workers inclusive of the worker’s next
of kin within 14 (fourteen) days from the commencement of
the employment.
(xvix)The
repatriation cost of the Workers from their place of work to their original
exit point in Viet Nam shall be borne by the Employer
under the following circumstances:
(a) at the completion of Contract of
Employment;
(b) termination of the Contract of
Employment by the Employer other than non-compliance of
the terms and conditions of this contract of employment by the Worker; or
(c) termination of this contract of
employment by the Worker due to non-compliance of the
terms and conditions of the Contract of Employment by the Employer.
Responsibilities of Workers
(i) The Workers shall sign the Contract of Employment and retain a copy of such Contract of
Employment.
(ii) The payment
of levy is subject to the relevant laws, rules,
regulations, national policies and directives applicable in Malaysia from time to time in force.
(iii) The Workers shall bear all
expenses incurred in Viet Nam in accordance with the Viet Nam laws.
(iv) The Workers shall bring along a
copy of the medical examination report and to be shown upon request at the
entry point. All medical examination and procedures shall
be governed by the terms and conditions determined by Ministry of Health of Malaysia.
(v) The Workers
shall not be involved in any marital knot during their
stay in Malaysia. The Workers shall not be allowed to
bring in their family members. The Employer shall report
to the Immigration Department in the event of
contravention of this condition.
(vi) The Workers shall be responsible
to produce the Foreign Worker Identity Card (I-Kad) to the enforcement agency whenever required as the identity document for the workers during their stay in Malaysia.
(vii) The Workers shall abide by all
Malaysia laws, rules, regulations,
national policies and directives and respect Malaysian traditions and customs
during their stay in Malaysia.
(viii) The Worker shall report to the
Viet Nam mission in Malaysia in case the Contract of Employment is extended.
(ix) The repatriation cost of the
Workers shall be borne by the Workers in the event of:
(a) termination due to misconduct in
the work place;
(b) resignation or abscondment of the
Workers; or
(c) termination
of employment as stipulated in the Contract of Employment.
Responsibilities of Malaysian
Recruitment Agencies
(i) MRA shall ensure that the Viet
Nam Workers provided to the Employer fulfill the specification as required
by the Employer.
(ii) MRA shall be responsible for the
arrangement of the entry of the Viet Nam Workers upon arrival at the entry
point in Malaysia and thereafter.
(iii) MRA shall be responsible to
ensure that the terms and conditions of the Contract of Employment are fully
explained and understood by the Viet Nam Workers
respectively.
(iv) MRA shall
comply with the guidelines stated by both Governments for the purpose of
recruiting/employing Viet Nam Workers.
(v) MRA shall cooperate with the VRA
in Viet Nam and the employer to settle any disputes arise
during their employment before repatriation.
Responsibilities of Viet Nam Recruitment Agencies
(i) The VRA shall be responsible in
providing potential workers according to the Employers’
specification to be interviewed or selected by the
Employers.
(ii) The VRA shall conduct the
interview if authorized by the
Employers.
(iii) The VRA shall facilitate Workers to obtain the necessary travel
documents and to arrange for medical check-up at the designated
medical centre accredited by the Ministry
of Health of Viet Nam.
(iv) The VRA shall be responsible to
ensure that the terms and conditions of the Contract of
Employment are fully explained to and understood by the
Workers during the selection exercise.
(v) The VRA
shall provide the list of selected Workers endorsed by the Ministry of Labour,
War Invalids and Social Affairs to Malaysian Mission in
Viet Nam for issuance of employment visa.
(vi) The VRA shall comply with the
guidelines stated by both Governments for the purpose of recruiting/employing Viet Nam Workers.
(vii) The VRA shall cooperate with
the MRA and the Employer to settle any disputes arise during their employment
before repatriation.
APPENDIX C
TERMS OF
REFERENCE FOR THE JOINT WORKING GROUP FOR THE IMPLEMENTATION OF THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE GOVERNMENT OF MALAYSIA AND THE GOVERNMENT OF THE
SOCIALIST REPUBLIC OF VIET NAM ON THE EMPLOYMENT OF WORKERS
I. Introduction
In accordance with Article 8 of the Memorandum
of Understanding between the Government of Malaysia and the Government of The
Socialist Republic
of Viet Nam on the Employment of Workers signed at
..., Malaysia on .... 20xx (hereinafter referred to as “-Memorandum of Understanding”), the Government of Malaysia
and the Government of The Socialist Republic of Viet Nam
agreed to establish a Joint Working Group (hereinafter
referred to as “the JWG”). The establishment of the JWG would provide a forum for coordination
and consultation between officials of both Parties to
provide solutions on matters concerning the recruitment, employment and repatriation of Workers in Malaysia.
II. Objective
To ensure appropriate and effective
implementation of the Memorandum of Understanding.
Ill. Principles
1. The work of the JWG shall be
conducted in the spirit of cooperation for the purpose of recognizing the
interest of both Parties.
2. To promote the right and the
protection of both Employers and the Workers in Malaysia,
as agreed in the Memorandum of Understanding and the Contract of Employment.
IV. Role and Functions
1. To monitor the implementation of
the Memorandum of Understanding.
2. To monitor the implementation
regarding the recruitment, employment and repatriation of
the Workers.
3. To monitor and obtain information with regard to employment issues faced by
the Workers and Employers.
4. To provide advisory services and technical assistance on the employment of Workers.
5. To perform any other tasks as may
be assigned to it by both Parties.
6. To propose any amendment,
variation or modification to the terms and conditions of
the Contract of Employment and any items listed in the attached appendices to
the Memorandum of Understanding, provided that the amendment, variation or modification made to any appendix to the Memorandum of Understanding will
only take into effect upon the agreement by both Parties through diplomatic channels.
7. To deliberate on issues
consequential to the exercise of Article 10 of the Memorandum of Understanding
prior, during and after the suspension of the Memorandum of Understanding and
to propose for both Parties to discuss on alternative
solutions or remedial actions due to the suspension of the Memorandum of
Understanding.
V. Office
Each Party shall designate an office
within its relevant authorities that shall serve as
contact point with the other Party.
VI. Membership
1. The JWG shall be co-chaired by the
officials of both Parties.
2. The JWG shall comprise of
appropriate government authorities, including the Embassy
of Malaysia in Viet Nam and Embassy of Viet Nam in Malaysia.
3. Each Party shall determine the
relevant government authorities respectively to be the
members of the JWG and particular government authority to be designated as the
focal point for each Party.
VII. Meetings
1. The JWG shall convene at least two
(2) meetings per year.
2. Regular meetings of the JWG shall
be held alternately in Malaysia and
Viet Nam.
3. As and when appropriate, the JWG
may hold additional meetings at a venue to be agreed upon
by both Parties.
4. When necessary, the JWG shall
convene meetings as instructed by both Parties.
VIII. Documentation
All records of the JWG shall be in
English.
IX. Financial Arrangement
The cost for hosting the JWG and
sending government officials to attend the JWG meetings
shall be borne by the respective Parties individually.
X. Amendment
1. The terms of reference may be
reviewed and amended by mutual consent by the JWG and subject to the
endorsement by both Parties.
2. In the event the JWG decides to amend
any terms and conditions in the Contract of Employment or any item listed in the Appendices attached to the Memorandum of
Understanding, such amendment shall have no effect unless and until it is
agreed by the Parties.