40/2015/TB-LPQT

Thông báo 40/2015/TB-LPQT hiệu lực của Bản ghi nhớ giữa Việt Nam và Ma-lai-xi-a về tuyển chọn và sử dụng lao động do Bộ Ngoại giao ban hành B Ộ NGOẠI GIAO ------- CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Độc lập - Tự do - Hạnh phúc --------------- Số: 40/2015/TB-LPQT Hà Nội , ngày 14 tháng 08 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: 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. TL. B Ộ TRƯỞNG KT. VỤ TRƯỞNG VỤ LUẬT PHÁP VÀ ĐI Ề U ƯỚC QU Ố C T Ế PHÓ VỤ TRƯỞNG Nguyễn Văn Ngự MEMORANDUM OF UNDERSTANDING BET W EEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF MALAYS I A ON THE EMPLOYMENT OF W ORKERS THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM as represented by Ministry of Labour, War Inva l ids and Socia l Affairs and THE GOVERNMENT OF MALAYSIA as represented by the Minis t ry of Human Resources (hereina ft er re f erred to singularly as ‘the Party’ and co l lective l y as ‘the Parties’), REFERING to the Memorandum of Unders t an di ng on the recrui t ment of Vietnamese workers between the Government of Malaysia and the Government of Socialist Republic of Vie t Nam s i gned on 1 December 2003 (hereina ft er re f erred to as “MOU 2003”) whereby bo t h Parties have agreed to promo t e the rights and protections of both the Employers and the W orkers; BELIEVING that the emplo y ment of Workers from Viet Nam i n Malaysia shall be an area of cooperation which is mutual l y bene f icial to both Parties; REAL I ZING the need to estab l ish a framework to faci l itate the recruitment, employment and repatriation of the said W orkers from Viet Nam; and SUBJECT to the laws, ru l es, regulations, nationa l policies and d irectives 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 emp l oyment entered into between the Employer and the Worker annexed as Append i x A in Artic l e 4 o f th i s 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 W orkers 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 w orkers. “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 l icensed under the Law on Vietnamese Workers Working Abroad under Contract and approved by the Government of Vie t Nam for the purpose of recruit i ng and sending w orkers to work in Malaysia. Words and expressions in the singu l ar include the plural, and words and express i ons in the plural i nclude the singular. Article 2 OBJECTIVE The objective of this Memorandum of Understanding is to establ i sh 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 t hat the Workers sha l l 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 shal l 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 Contrac t 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 Jo i nt Working Group. ARTICLE 5 RECRUITMENT CONDITIONS 1. The Government of Viet Nam agrees that t he Workers who are selected for employment by the Emp l oyer shall fulfi l 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 ski l ls 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 i n f ormed 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 Contra c t 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 w i nding up , the affected worker from Viet Nam shall be given the opportunity to either retur n back to Viet Nam or be a l lowed 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 i mplementation 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 W orking Group comprising their relevant officials dea l ing with labour, employment and such relevant mat t ers 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 f unctions as set out in the terms of reference in Appendix C . Article 9 REVISION, MODIFICATION AND AMENDMENT (i) Either Party may request in w riting a revision, modi f ica t ion 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 determ i ned by the Parties. (iv) Any revision, modi f ication or amendment shall not prejud i ce the r i ghts and obligations arising from or based on this Memorandum of Understanding be f ore or up to the date of such revision, modi f ication 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 noti f ication has been given to the o t her 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 d i spu t e between the Par t ies concerning t he interpretation and/or implementation and/or application of any of the provision of this Memorandum of Understanding shall be settled amicably through mutual consu l tation and/or nego t iations between the Parties through diplomatic channels, without reference to any third party or international tribuna l . Article 12 CONFIDENTIALITY 1. Each Party shall undertake to observe the con f identiality and secrecy of documents, in f ormation and other data received or supplied to t he 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 ex t ended for a f urther period as may be decided in writing by the Parties. 3. Notwithstan d ing anything in this Article, either Party may terminate the Memorandum of Unders t anding by notifying the other Party of its intention to terminate this Memorandum of Understanding by a notice in writing through dip l omatic channels, at least six (6) months prior to its inten t ion to d o so. 4. The Parties agree t hat the termination of this Memorandum of Understanding shall not affect or nulli f y the Contract of Employment made between the Employer and the Worker prior t o the date of termination of t his Memorandum of Understanding. I N W ITNESS WHEREOF , the undersigned, being duly authorized thereto by their respective Governments, has signed this Memorandum of Understanding. DONE at Kualarlumpur, on t his 07 th day of August 20 1 5 in six (6) original cop i es, two each in English, Malay and Vietnamese languages, al l tex t s being equa l ly authentic. In the event of any divergence of interpretation between any of the texts, the English text shall prevail. FOR THE GOVERNMENT OF THE SOCIA LIS T REPUB LI C OF VIET NAM Madam. Pham Thi Hai Chuyen Hon. Minister of Labour, War Invalids & So cial Affairs FOR THE GOVERNMENT OF MALAYSIA Dato’ Sri Richard Riot Anak Jaem Hon. Minister of Human Resour c es APPENDIX A CONTRACT OF EMPLOYMENT This CONTRACT OF EMPLOYMENT is made on this day.... month of ...... 20... between .......... (hereinafter re f erred 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 Emp l oyment 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. W orking 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 h i s 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) I n the case of rest day, two (2.0) times his hourly rate of pay; and (c) I n 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 w orker shall be paid in accordance with the labour laws in Malaysia. 6. Public Ho li day 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 Acc i dent 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 no t more than 50% in a month from the Worker’s wages in the event of any monetary advance in accordance with the labour laws i n 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 l eave in accordance with the labour laws in Malaysia. 13. Renewa l of Worker’s Vis i t 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 V i et 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 I n 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’ noti c e 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 shal l 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 illega l , 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 sect o r upon the approval of the relevant authorities in Malaysia. 17.5 I n 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 e mployment 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; (i i ) application of Visit Pass (Temporary Employment); (i i i) application of Foreign Workers Identity Card; and (iv) r ene w al of V i sit 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 a l l related expenses. 20. F oreign Worker Identity Card The employer shall ensure that each Worker receives the Foreign Worker I dentity Card (l-Kad). 21. Outstanding Wages and other payments In the event the w orker is to be repatriated before the expiry of the Contract of Employment, the employer shall pay all outstanding basic wages and al l o t her 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 t his Contract of Employment. 24. Interpretation In the event there is a con f lict of interpretation between the Eng l ish text and any text in other l anguage used in t his Contract of Employment, the Eng l ish text shall prevail. 25. Laws This Contract of Employment shall be subjec t ed 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 WI TNESS WHEREOF the parties hereto have signed this Contract of Employment on the day and year mentioned at the beginning of this Contract of Employment. .......................................... ........................................ (Employer's Signature) Name: NRIC No. Address: (Worker's Signature) Name: Passport No.: Emergency Contact No. ................................................ (Signature of W itness from Emp l oyer) Name: Address: I hereby declare details of my dependant: Name: Address: Contact No. ................................................. (Signature of W itness from Worker) Name: Address: 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 i s 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. (i i) The Employer shall c o mply with the terms and conditions stip u lated in the Contract of Employment including the payment of basic wages (excluding al l owan c es 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 Recru i tment 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 wi ll 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 wi ll be in b i lingual (English and Vietnamese). If there is any dispute to the Contract of Employment the English text shall prevail. (v) The Employer shall be responsib l e for a l I the requirements relating to the entry and employment of the Workers in Malaysia; (vi) The terms and conditions of the Contract of Employment mus t 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) Medica l 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 pol i cies and direct i ves app l icab l e in Ma l aysia 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 f rom 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 Malays i a; (b) once every year f or the f irst two years of employment; and (c) as required by the Government of Malaysia for the subsequent years of employment. (xii) The Employer shall rene w the Workers’ Visit Pass (Temporary Employment) t hree (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 f uneral and the repatriation of the remains shall be arranged at the expense of the Employer as provi d ed 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 al l times respect and pay due regar d s to the sensitiv i ty of religious belie f 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 V i sit Pass (Temporary Employment). (xviii) The Employer shall furnish the Malaysian Labour Department part i cu l ars of the Workers inclus i ve of the worker’s next of kin within 14 ( f ourteen) days from the commencement of the employment. (xv i x)The repatriation cost of the Workers from their place of work to their original exit point in V i et Nam shall be borne by the Employer under the fol l owing circumstances: (a) at the completion of Contract of Employment; (b) termination of the Contract of Employment by the Employer other than non-comp l iance 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-comp l iance of the terms and conditions of the Contract of Employment by the Employer. Responsibilities of Workers (i) The Workers shall s i gn the Contract of Employment and retain a copy of such Contract of Employment. ( i i) The payment of levy is subject to the relevant laws, ru l es, regulations, national po l icies and directives applicab l e 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 exam i nation and procedures shall be governed by the terms and condit i ons d etermined by Ministry of Health of Malaysia. ( v ) The Workers shall no t be involved in any marital knot during their stay in Malaysia. The Workers shall not be a l lowed to bring in their f amily members. The Employer shall report to the Imm i gration Department in the event of contravention of this condition. (vi) The Workers shall be responsible to produce the Foreign Worker Identity Car d ( I -Kad) to the enforcement agency whenever required as the ident i ty document for the workers during their stay in Malays i a. (vii) The Workers shall abide by all Malaysia laws, ru l es, regu l ations, 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) term i nation 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 f ul f il l the speci f ication 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 therea f ter. (iii) MRA shall be responsible to ensure that the terms and conditions of the Contract of Employment are fully exp l ained and understood by the Viet Nam Workers respectively. ( i v) 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 d i sputes arise during t heir employment before repatriation. Responsibi l ities of Viet Nam Recru i tment Agencies (i) The VRA shall be responsible in providing potential w orkers according to the Employers’ speci f ication to be interviewed or selected by the Employers. (ii) The VRA shall conduct the intervie w if authorize d by the Employers. (iii) The VRA shall f acilitate Workers to obtain the necessary trave l documents and to arrange for medica l check-up at the designated med i cal centre accredited by the Min i stry of Health of Viet Nam. (iv) The VRA shall be responsible to ensure that t he terms and conditions of the Contract of Employment are fu l ly 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 Inva l ids and Social Affairs to Malaysian Mission in Viet Nam for issuance of employment v isa. (vi) The VRA shall comply with the guidelines stated by both Governments for the purpose of recr u iting/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 Soc i a l ist R e public of Viet Nam o n the Employment of Workers signed at ..., Malaysi a on .... 20xx (hereinafter re f erred to as “-Memorandum of Understanding”), the Government of Malaysia and the Government of The Socialist Republic of V i et Nam agreed to establish a Joint Working Group (hereina ft er referred to as “the JWG”). The establishment of the JWG would prov i de a f orum for coord i nation and consultation between offic i als of both Parties to provide solutions on matters concerning the recru i tment, e mployment and repatriation of Workers in Malaysia. II. Objective To ensure appropriate and effective imp l ementation of the Memorandum of Understanding. I ll. 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 bo t h 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 regard i ng the recruitment, employment and repatriation of the Workers. 3. To monitor and obtain in f ormation with regard to employment issues f aced by the Workers and Employers. 4. To provide advisory serv i ces and technical assistance on the employment o f Workers. 5. To perform any other tasks as may be assigned to it by both Parties. 6. To propose any amendment, variation or modi f ication 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 modi f ication made to any appendix to the Memorandum of Understanding will only take into effect upon the agreement by both Parties through dip l omatic 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 alte rn ative solutions or remedial actions due to the suspension of the Memorandum of Understanding. V. Office Each Party shall designate an office within its relevant authorit i es that shall serve as contact point with the other Party. VI. Membership 1. The JWG shall be co-chaired by the officials of both Part i es. 2. The JWG shall comprise of appropriate government authorit i es, including the Embassy of Malaysia in Viet Nam and Embassy of Viet Nam in Malaysia. 3. Each Party shall determine the relevant government authorities respective l y 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 he l d alternate l y in Malaysia and Viet Nam. 3. As and when appropriate, the JWG may ho l d 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 a t tend the JWG meetings shall be borne by the respective Parties individual l y. 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 conditi on s in the Contract of Emp loyme nt 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.