【英文】【中新谅解备忘录】中国人力资源和社会保障部与新加坡教育部关于实施青年实习交流计划的谅解备忘录

2021-09-23 17:05 来源:人社部

MEMORANDUM OF UNDERSTANDING

Between

THE MINISTRY OF HUMAN RESOURCES AND SOCIAL SECURITY OF THE PEOPLES REPUBLIC OF CHINA

AND

THE MINISTRY OF EDUCATION OF THE REPUBLIC OF SINGAPORE

ON

IMPLEMENTING THE YOUTH INTERNS EXCHANGE SCHEME

 

(Signed on June 3rd 2021)

 

This Memorandum of Understanding (“MOU”) is made between:

 

(1) The Ministry of Human Resources and Social Security of the People’s Republic of China (“MOHRSS”);

 

and

 

(2) The Ministry of Education of the Republic of Singapore (“MOE”)

 

(collectively, the “Parties”).

 

Whereas:

 

(A) The Parties had, pursuant to the Agreement Between the Government of the People’s Republic of China and the Government of the Republic of Singapore on the Youth Interns Exchange Scheme dated 15 Oct 2019 (hereinafter referred to as the “Agreement”), collaborated to establish a bilateral Youth Interns Exchange Scheme (hereinafter referred to as the “Scheme”); and

 

(B) The Parties are desirous of setting out the basis on which they wish to implement the Agreement on the terms set out in this MOU.

 

 

The Parties have reached the following understanding:

 

 

ARTICLE 1

Coordinating And Implementing Agencies

 

1. For the purpose of implementing the Agreement, MOHRSS will be the coordinating agency for China. It will be supported by the National Center of Human Resources Mobility (“NCHRM”) of the MOHRSS, which will be the implementing agency for China.

 

2. For the purpose of implementing the Agreement, MOE will be the coordinating agency for Singapore. It will be supported by Business China (“BC”), which will be the implementing agency for Singapore.

 

3. The NCHRM and BC will be responsible for the implementation and promotion of this Scheme. The NCHRM and BC are committed to working together to use their dedicated websites to publicize information on the Scheme to potential applicants and host employers from both China and Singapore looking to participate in the Scheme.

 

4. The NCHRM and BC will gather and exchange information on internship vacancies (including the name of host employers, job description, job requirements and contacts) within their mandates, and publish this information on their websites. The duration of the internship shall be up to six (6) calendar months.

 

5. Interns and host employers may consult either with the NCHRM or BC for questions related to the Scheme.

 

6. The coordinating agencies and implementing agencies of the Parties will set up a communication mechanism to share information on the implementation of the Agreement, and will endeavor to resolve any issues arising as to the interpretation of any provision of this MOU, or in respect of any responsibilities of the coordinating or implementing agencies, amicably through cooperation, consultation, and dialogue.

 

 

ARTICLE 2

For Chinese Youths Undergoing Internships In Singapore

 

The Parties agree that MOE shall promote the implementation of the Scheme so that internships for youths from China be facilitated and carried out in accordance with the following:

 

1. Participants from China shall include full-time students in universities, higher vocational colleges, technician colleges, and senior technical schools; and graduates from these institutions who have successfully completed their studies not more than one (1) calendar year prior to the time of application for a visa pursuant to the Agreement. The youth eligible to participate in the Scheme shall be citizens of China, who have not participated in the Scheme previously.

 

2. Chinese youths seeking internships under the Scheme will liaise directly with their host employer in Singapore. BC will support the host employer, who will be responsible for managing the recruitment of prospective interns.

 

3. Recruited Chinese interns who are full-time students will be required to sign an internship contract with their host employer in Singapore and their universities, colleges or schools. Recruited Chinese interns who are graduates will sign an internship contract with their host employer in Singapore. BC will work with the host employer to ensure that the internship contract shall be in compliance with Singaporean laws and regulations and will include, but not be limited to, the following clauses:

 

a. Work arrangements for the intern according to his/her abilities, training objectives or career goals;

b. The detailed job description;

c. Duration and date of the internship;

d. Maximum weekly working hours of the intern. The total number of working hours, including over-time hours, should not exceed the maximum working hours;

e. The amount and payment method of internship stipend and over-time compensation (if the intern is required to work over-time);

f. Welfare/benefits that the intern is entitled to, if any;

g. Insurance coverage for the period of internship;

h. Roles and responsibilities of the appointed supervisor;

i. How to suspend or terminate the internship contract;

j. Conditions for allowing the intern to be absent; and

k. Internal regulations of the host employer that the intern shall abide by (in particular, interns shall exercise due diligence and adhere to the terms of confidentiality).

 

4. The prospective Chinese intern, upon acceptance of the internship contract, shall bring along the internship contract, educational certificates and other supporting documents to apply for a confirmation letter from NCHRM, certifying that the intern is an eligible participant in the Scheme.

 

5. Prior to the start of the internship, BC will work together with the host employer in Singapore to submit an application for a training employment pass on behalf of the prospective Chinese intern to the Singapore Ministry of Manpower (MOM) via its online portal, with the following supporting documents:

 

a. Confirmation Letter issued by NCHRM;

b. Passport of the prospective intern; and

c. Educational certificates or other equivalent proof. If the prospective intern has not completed their studies, he or she may submit a letter from their educational institution stating that they are currently pursuing the course in the school.

 

6. The host employer will be informed by MOM on the outcome of the application. If the application is approved, the host employer can log into MOM’s online portal to print the in-principle approval (“IPA”) letter, and send the letter to the prospective Chinese intern. The IPA has a pre-approved single-entry visa for the Chinese intern to enter Singapore, which is valid for six (6) months from the date of in-principal approval.

 

7. For the purpose of applying for the training employment pass, a Chinese intern will need to undergo a medical examination in China prior to departure, or upon arrival in Singapore, and provide the host employer with medical examination results as regulated. The host employer will then put in a request via the online portal for the training employment pass to be issued. A notification letter will be given to the host employer, who will print it out and give it to the intern. The intern may follow the instructions on the notification letter to receive the training employment pass.

 

8. Chinese interns are required to purchase suitable insurance covering overseas accident, emergency assistance and medical reimbursement for the duration of the internship.

 

 

ARTICLE 3

For Singaporean Youths Undergoing Internships In China

 

The Parties agree that MOHRSS shall promote the implementation of the Scheme so that internships for youths from Singapore be facilitated and carried out in accordance with the following:

 

1. Participants from Singaporeshall include full-time students in publicly-funded higher education institutions (including universities and polytechnics), and graduates from publicly-funded higher education institutions (including universities and polytechnics) who have successfully completed his or her full-time studies not more than one (1) calendar year prior to the time of application for a visa pursuant to the Scheme. The youth eligible to participate in the Scheme shall be citizens of Singapore, who have not participated in the Scheme previously.

 

2. Singaporean youths seeking internships under the Scheme will liaise directly with their host employer in China. NCHRM will support the host employer who will be responsible for managing the recruitment of prospective interns.

 

3. Recruited Singaporean interns will sign an internship contract with their host employer in China. The internship contract shall be in compliance with Chinese laws and regulations and include, but not be limited to, the following clauses:

 

a. Work arrangements for the intern according to his/her abilities, training objectives or career goals;

b. The detailed job description;

c. Duration and date of the internship;

d. Maximum weekly working hours of the intern. The total number of working hours, including overtime hours, should not exceed the maximum working hours;

e. The amount and payment method of internship stipend and overtime compensation (if the intern is required to work over-time);

f. List of welfare/benefits that the intern is entitled to, if any;

g. Insurance coverage for the period of internship;

h. Roles and responsibilities of the appointed supervisor;

i. How to suspend or terminate the internship contract;

j. Conditions for allowing the intern to be absent; and

k. Internal regulations of the host employer that the intern shall abide by (in particular, interns shall exercise due diligence and adhere to the terms of confidentiality).

 

4. The prospective Singaporean interns will be required to apply for a Letter of Eligibility from BC through their respective higher education institution. Applications should include the internship contract and relevant proof of purchase of medical insurance with coverage in China, etc.

 

5. Prior to the start of the internship, the host employer in China will submit, on behalf of the prospective Singaporean intern, an application for the Notification Letter of Foreigner’s Work Permit (China-Singapore Youth Interns Exchange Scheme), at the local government department in charge of foreigners working in China, with the following documents:

 

a. Application form;

b. Internship contract;

c. Letter of Eligibility issued by BC;

d. Passport of the prospective intern;

e. Certificate of Health Examination; and

f. Certificate of No Criminal Record.

 

6. Upon receiving the Notification Letter of Foreigner’s Work Permit (YES), the Singaporean intern may proceed to apply for a Z visa from the Chinese Embassy in Singapore.

 

7. Singapore interns, whose internship lasts for more than ninety (90) days, are required to apply to the local government department in charge of foreigners working in China for the Foreigner’s Work Permit (YES), within 15 days from the date of their entry, with the following documents:

 

a. Notification Letter of Foreigner’s Work Permit (YES);

b. Z visa; and

c. Internship contract.

 

8. Singaporean interns whose internship lasts for less than thirty (30) days are not required to apply for a residence permit. Singaporean interns whose internship lasts for thirty (30) days or more are required to apply to the exit and entry administrations of local public security organs in the proposed places of residence for residence permit. This should be done within thirty (30) days from the date of their entry, with their Z Visa and the Notification Letter of Foreigner’s Work Permit or the Foreigner’s Work Permit, and a proof letter issued by the host employer.

 

9. Host employers in China may submit required documents via mail or scanned copies when applying for the Notification Letter of Foreigner’s Work Permit (YES) on behalf of their Singaporean interns. They would be expected to present the original copies upon request.

 

10. Singaporean interns are required to purchase suitable insurance covering overseas accident, emergency assistance and medical reimbursement for the duration of the internship.

 

 

ARTICLE 4

Effects Of MOU

 

1. This MOU serves only as a record of the Parties’ intentions to mutually cooperate to implement the Scheme. It does not constitute or create, is not intended to constitute or create, and will not be deemed to constitute or create any legally binding or enforceable obligations under the national laws, rules and regulations of either Party or under international law, express or implied.