The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, the Federation of Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Viet Nam, being members of the Association of Southeast Asian Nations, hereinafter referred to as ASEAN:

DESIRING to further promote and intensify the implementation of the aims and purposes of ASEAN as embodied in the Declaration of ASEAN Concord, and to realize the vision of a community of caring societies as stated by the ASEAN Leaders in their Vision 2020 Statement;

REALISING the desirability of effectively promoting cooperation to improve the working conditions and environment in ASEAN countries;

MINDFUL of the priority in the Ha Noi Plan of Action adopted at the Sixth ASEAN Summit in 1998, stating the need to establish and strengthen networks in education and training, particularly those promoting occupational safety and health;

1. To promote cooperation and solidarity among national occupational safety and health (OSH) centres of the ASEAN countries;
   
   

2. To enhance the capability of national occupational safety and health centres in OSH promotion, training and research;
   
   

3. To facilitate and promote the exchange of the relevant OSH information and the sharing of training expertise; and
   
   

4. To facilitate and promote the development and harmonisation of the ASEAN OSH standards and guidelines.

The members of the ASEAN-OSHNET shall be from the ASEAN Member Countries.

The Coordinating Board shall be composed of one representative from each ASEAN Member Country, as designated by the respective governments; a representative of the Secretary General of ASEAN and the Executive Director of the ASEAN-OSHNET, as ex-officio members. The representative of each Member Country shall preferably be the head of the national occupational safety and health center, or its equivalent.

The ASEAN-OSHNET Coordinating Board shall have the following functions:

1. initially meet to discuss and approve an Action Plan for the OSHNET. Thereafter, it shall meet at least once a year, or as and when needed;
   
   

2. designate an ASEAN OSHNET Secretariat on a three-year rotating basis;
   
   

3. appoint the Executive Director and staff that will compose the ASEAN-OSHNET Secretariat;
   
   

4. formulate policies and oversee the operation of the ASEAN-OSHNET;
   
   

5. designate a member-institution as Coordinator for each priority area of cooperation stated in Article 9;
   
   

6. identify, prioritize and approve programs, projects and activities proposed by the participating countries, including budget allocation, work programs and the implementation of activities;
   
   

7. conduct periodic review and evaluation of on-going programs, projects and activities based on the recommendations and assessments of the Executive Director; and
   
   

8. perform such other functions that may be necessary to carry out the objectives of the ASEAN-OSHNET.

The Secretariat shall have the following functions:

1. Organise the Coordinating Board Meeting of ASEAN-OSHNET and all other meetings as directed by the Board;
   
   

2. Plan and organize programs, projects and activities of the ASEAN-OSHNET;
   
   

3. Propose and develop a plan for sourcing and generating funds;
   
   

4. Coordinate, monitor and evaluate programs, projects and activities;
   
   

5. Assess and review periodically the accomplishment of the ASEAN-OSHNET; and
   
   

6. Perform such other functions which may be assigned by the Coordinating Board from time to time.

The ASEAN-OSHNET Secretariat shall be headed by an Executive Director, who will be assisted by professional staff.

The Coordinating Board shall appoint a suitably qualified ASEAN national as the Executive Director of the ASEAN-OSHNET Secretariat for a fixed term of 3 years, renewable by another term.

The Executive Director shall have the following functions:

1. Administer and manage the ASEAN OSHNET Secretariat;

2. Coordinate and monitor the programs, projects and activities of ASEAN OSHNET carried out by the participating institutions;

3. Report directly to the Coordinating Board on the progress of the programs, projects and activities carried out by participating member institutions;

4. Prepare draft annual report of ASEAN OSHNET to be submitted to the ASEAN Senior Labour Officials Meeting (SLOM); and

5. Perform such other functions which may be assigned by the Coordinating Board from time to time.

The Coordinating Board shall report directly to the ASEAN-SLOM. Accordingly, the Coordinating Board shall render an annual report of accomplishment of the programs, projects and activities under the ASEAN-OSHNET to the ASEAN-SLOM, the ASEAN Labour Ministers and other relevant ASEAN bodies.

Adopt the following as priority areas for cooperation and collaboration:

1. Information

2. Training

3. Research

4. Standards

The Coordinating Board may add additional priorities as and when necessary.

A Member Institution shall be designated by the Coordinating Board to serve as Coordinator for each priority area. Coordination shall be on a rotation basis for at least two years for each term. Each Coordinator shall be responsible for coordinating activities in its designated area of cooperation.

In developing and implementing activities and programs, due consideration shall be given to gender concerns.

The ASEAN OSHNET shall have a Four-Year Plan of Action which shall be approved by the Coordinating Board.

Members shall encourage cost-sharing in the funding of projects. They shall also undertake projects which shall generate funds from other sources.

In appropriate cases, government agencies and institutions and technical personnel of other non-ASEAN countries may participate in projects and programs being carried out under the Memorandum of Understanding at the invitation of any of the participating member-institutions. The Coordinating Board shall be informed of the intention prior to execution of the projects and programs.

Each member of the ASEAN-OSHNET shall facilitate the entry into and exit from each territory of personnel working on and equipment used in, joint projects and programs in accordance with the laws, rules and regulations in force in each representative country.

The Memorandum of Understanding shall enter into force on the date of its signing.

Each member may, when circumstances warrant, request for the amendment of any provision of the Memorandum of Understanding. Such amendment shall be approved by consensus and made official in a supplemental Memorandum of Understanding.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments have signed this Memorandum of Understanding. Done in the ASEAN capitals between 12 July 2000 and 31 August 2000, in eleven originals in English, all copies being equally authentic.

For the Government of Brunei Darussalam:

Haji Ahmad bin Haji Abdul Rahman
Commissioner of Labour
Labour Department Ministry of Home Affairs

For the Government of The Kingdom of Cambodia:

Huy Han Song
Director Department of Occupational Health,
Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation

For the Government of The Republic of Indonesia:

Moch. Syaufii Syamsuddin
Director General of Industrial Relation and Labour Standards
Ministry of Manpower

For the Government of The Lao People’s Democratic Republic:

Sisouvanh Tandavong
Director-General Department of Labour Affairs
Ministry of Labour and Social Welfare

For the Government of The Federation of Malaysia:

Abu Bakar Che’ Man
Director General
Department of Occupational Safety and Health Ministry of Human Resources

For the Government of The Union of Myanmar:

Tin Win
Director General
Factories and General Labour Laws Inspection Department, Ministry of Labour

For the Government of The Republic of the Philippines:

Dulce P. Gust
Executive Director
Occupational Safety and Health Center Department of Labor and Employment

For the Government of The Republic of Singapore:

Tan Pui Guan
Divisional Director (Occupational Safety)
Occupational Safety and Health Division Ministry of Manpower

For the Government of The Kingdom of Thailand:

Chaiyuth Chavalitnitikul
Senior Expert on Occupational Safety and Health
Department of Labour Protection and Welfare
Ministry of Labour and Social Welfare

For the Government of The Socialist Republic of Viet Nam:

Hoang Van Hung
Deputy Director
Department of Labour Protection
Ministry of Labour, Invalids and Social Affairs