Thông báo 32/2015/TB-LPQT

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 Vương quốc Thái Lan về hợp tác lao động, 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 bản ghi nhớ theo quy định tại Điều 68 của Luật nêu trên./.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE KINGDOM OF THAILAND ON LABOUR COOPERATION

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”);

Respecting the principle of equality and mutual benefits;

Desiring to enhance the distinguished relations between the Parties and the Parties’ interest in strengthening their economic growth and promoting and developing of cooperation between the Parties in the field of labour;

Sharing a common aspiration to promote sound labour policies and practices, to improve the capacities and capabilities of both countries, to enhance skills of manpower, social security and to strengthen transparency and efficiency in the sending and receiving process of workers between the two countries;

Have agreed as follows:

Article 1

For the purpose of implementation of this Memorandum of Understanding (hereinafter referred to as “MOU”) the competent authorities shall be:

a) Ministry of Labour, 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 2

The Parties shall work towards the encouragement of technical cooperation between the two countries in the field of labour, as follows:

a) Exchange of systems, programs, studies, expertise, research, studies and information on areas including (but not limited to) comparative labour and employment law and administration (e.g. collective bargaining, compliance and enforcement, resolution of labour disputes, social security and labour protection, rehabilitation, freedom of association, occupational safety and health, maritime work, unemployment insurance and management of foreign workers) and enhancing labour productivity;

b) Encouragement of the exchange of visits between the personnel in charge and experts;

c) Exchange of information for prevention of illegal recruiting of manpower and human trafficking for employment;

d) Any other areas of cooperation agreed upon by the Parties in the fileld of labour.

Article 3

The Parties shall cooperate on skill development in order to upgrade skill of manpower, and enhance labour productivity.

Article 4

The activities under Article 2 and Article 3 may be implemented through a variety of means, such as the exchange of best practices, information, manual and expertise; joint project, workshop and dialogue. The arrangement shall be agreed upon by the Parties subject to the national interests and available resources and on the case-by-case basis.

Article 5

The Parties shall make efforts to enhance transparency and efficiency of the sending and receiving process for the workers from one country who intend to work legally in another country.

In implementing this MOU, the Parties agree to conclude the “Agreement on the Employment of Workers”, setting out the implementing details of the sending and receiving process.

The Parties shall decide on possible sectors and quota of workers to be recruited when possible.

Workers employed under this MOU have the right to fair treatment in the workplace subject to national laws, regulations, and policies of the receiving country.

Article 6

In order to support the implementation of this MOU and the Agreement related to the Employment of Workers set forth in Article 5, the competent authorities of the Parties may appoint officers to be the coordinators for each side.

Such officers, through the consultation with each side, may research, assist, coordinate, monitor and advise the sending and receiving process. The Parties shall facilitate the tasks of the officers.

Article 7

a) The Parties shall work out and agree on the implementation work plans of this MOU.

b) Each competent authority shall designate a national focal point at senior officials' level to facilitate communication between the Parties concerning this MOU.

c) The competent authority of the Parties shall conduct meeting on the implementation of this MOU periodically for senior officials and once a year on rotation basis for ministerial level.

d) Each Party shall be responsible for the travel, accommodation and subsistence costs of its delegations and personnel resulting from the implementation of this MOU, including for the meetings of the senior officials. The host Party shall facilitate the required local transportation for visiting delegations and for the logistical and secretarial costs pertaining to the meetings in the implementation of this MOU.

Article 8

Any difference arising out of the interpretation or implementation of this MOU and its related Agreement shall be resolved amicably through consultation and/or negotiation between the Parties.

Article 9

a) This MOU shall enter into effect on the date of the signature by the Parties.

b) This MOU shall remain in effect for 5 (five) years and may be renewed upon mutual consent. However, this MOU may be suspended or terminated by either Party if there is any justifiable reason and the termination shall take effect sixty days following the date of written notice to the other Party.

c) This MOU shall remain effective during its ongoing renewal process unless one of the Parties requests for its termination.

d) Any amendment of this MOU may be made as agreed upon by the Parties through diplomatic channels.

e) The termination of this MOU shall not affect the validity and duration of any ongoing action plan, projects, programmes until the completion of such projects, and programmes.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this MOU.

DONE in duplicate at Bangkok, Thailand on this 23^rd day of July 2015, in the English language.