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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:
33/2015/TB-LPQT
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Hà Nội, ngày 28
tháng 07 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:
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./.
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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).
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TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Đức Hạnh
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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.
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FOR THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
Pham Thi Hai Chuyen
Minister of Labor, Invalids and Social Affairs
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FOR THE
GOVERNMENT OF THE KINGDOM OF THAILAND
Surasak Karnjanarat
Minister of Labour
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