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| Management Measures on Credentials of Labor Service Cooperation with Foreign Countries |
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| Monday,September 24,2007 Posted: 13:52 BJT(0552 GMT) | | From:ke Article type:Translated |
Chapter I Principles
Article 1 For the purposes of enhancing the management of labor service cooperation with foreign countries, regulating enterprises’ business activities, ensuring the standard and orderly development of labor service cooperation with foreign countries, the said Measures are formulated in accordance with Foreign Trade Law of the People’s Republic of China and Management Measures on Business Qualifications of Labor Service Cooperation With Foreign Countries.
Article 2 The said Measures apply to the enterprises who have the business qualifications of labor service cooperation with foreign countries approved by the Ministry of Commerce (hereinafter referred to as “the operating companies”).
Article 3 Credentials of Labor Service Cooperation with Foreign Countries of the People’s Republic of China (hereinafter referred to as “Credentials”, Appendix 1) are qualification certificates of operating companies to develop labor service cooperation with foreign countries.
Article 4 Credentials are printed uniformly by Ministry of Commerce. Ministry of Commerce authorizes the competent commercial departments in all levels of provinces, autonomous regions, municipals directly under the control of Central Government and cities specifically designated in the state plan (hereinafter referred to as “local competent commercial departments) to be in charge of the distribution and management of Credentials of the operating companies in the area under their jurisdiction.
Article 5 Ministry of Commerce executes annual examination rules on the Credentials.
Chapter II The application for the Credentials
Article 6 The enterprises should apply for the Credentials to the local competent commercial administrations in the registration area within 90 days after they obtain the business qualifications of labor service cooperation with foreign countries with the approval of the Ministry of Commerce.
Article 7 When operating companies develop labor service cooperation with foreign countries, they should show their Credentials to the organization or the departments concerned, persons sent abroad for labor service and foreign employers in accordance with rules. Operating companies must not be engaged in labor service cooperation with foreign countries unless they obtain the Credentials.
Article 8 Operating companies should submit following materials when they apply for Credentials to local competent commercial department:
1. The Credentials of Labor Service Cooperation with Foreign Countries and Application Form of Annual Examination (hereinafter referred to as “Credentials Application Form”, Appendix 2) in duplicate;
2. The copy of Business License of Legal Enterprises approved and issued by industrial and commercial administrative administrations;
3. Pay adequate reserve funds for labor service cooperation with foreign countries or the effective certificate of guarantee letter of paying adequate reserve funds for labor service cooperation with foreign countries.
Article 9 Local competent commercial departments should issue Credentials within 10 working days at the receipt of all application materials from the operating companies in accordance with the comments of business qualifications of labor service cooperation with foreign countries approved by the Ministry of Commerce.
Article 10 Local competent commercial administrations should fill in and issue the Credentials in accordance with following requirements:
1. The undersigned in the column of annual examination of Credential Application Form and the Credentials should be authorized by local competent commercial administrations. The sign of the undersigned should be reported to the Ministry of Commerce for the record. It should be reported and registered in time when the authorized undersigned changes.
2. The content of the Credentials should be printed by computer except the sign of the undersigned, and invalid by writing personally. The sign of the undersigned should be affixed the official seal of local competent commercial administrations.
3. The number of Credentials is 13 codes (see Appendix 3), among them the first code is L, the code of 2-5 is the code of area, the code of 6-9 is the particular year of the enterprises obtaining business qualifications of labor service cooperation with foreign countries, 10 to 13 is the serial number of the Credentials.
4. After the issuing of the Credentials, local competent commercial administrations should submit a Credential Application Form to the Ministry of Commerce (Department of Cooperation, the same below) for the record.
Article 11 Operating companies should take good care of the Credentials, must not tamper, lend, rent or transfer them.
Article 12 If any operating companies act contrary to the provisions of Article 6 of these Measures, do not go through the formalities of application for the Credentials within 90 days after obtaining business qualifications, they are deemed to give up business qualifications of labor service cooperation with foreign countries automatically.
Chapter III Changing, Reissuing and Recalling of the Credentials
Article 13 The operating companies should apply for changing and reissuing new Credentials within 90 days under following conditions:
1. The Credentials are invalid. The effect of the Credentials is 6 years. Operating companies should apply for changing the Credentials 30 days before the Credential is invalid.
2. If any operating companies change their names, registered capital and business place, they should apply for registration to the competent organs responsible for the registration of former operating companies in accordance with laws and report to the Ministry of Commerce for the record. They may apply for changing the Credentials to the Credential issuing organs after the registration for the record.
3. If any operating companies change their scope of business with the approval of the Ministry of Commerce, they should apply for changing the Credentials to the original organs of issuing the Credentials.
4. If any operating companies lost their Credentials, they should report to the local competent administration in time and apply for reissuing it after declaring the Credentials invalid on a nationwide trade and commercial newspaper. The reissued new Credentials have a new number.
Article 14 Operating companies should submit following materials when they apply for changing or reissuing new Credentials:
1. Credentials Application Form in duplicate;
2. The original Credentials (if the original one is lost, a copy of it should be provided);
3. The copy of Business License of Legal Enterprises approved and issued by industrial and commercial administrative administration.
Article 15 Local competent commercial administration should change or reissue new Credentials and report to the Ministry of Commerce for the record within 10 working days after the receipt of the application for changing or reissuing the new Credentials in accordance with business qualification instructions approved by the Ministry of Commerce. The original Credentials should be taken back within 30 days after changing or reissuing the new ones.
Article 16 Local competent commercial administration should take good care of the invalid Credentials arisen from issuing, changing or reissuing. The invalid ones should be turned over to the Ministry of Commerce for cremation from December 1 to 15 every year.
Article 17 If the business qualification of the operating company is suspended due to contrary to national laws and regulations, the Credentials should be taken back and turn over to the Ministry of Commerce within 30 days as of the day when local competent commercial administration gives out the disposition notice.
Article 18 If the business qualification of any operating company is revoked or cancelled in accordance with laws, or cancelled due to the contrary to national laws and regulations, the Credentials will be taken back and turn over to the Ministry of Commerce within 30 days as of the day when local competent commercial administration revokes or cancels the business qualification or gives out the disposition notice.
Chapter IV The Annual Examination of Credentials
Article 19 The annual examination of the Credentials is organized by local competent commercial administration, guided and supervised by the Ministry of Commerce.
Article 20 The annual examination of the Credentials is carried out from March 1 to April 30 every year. The Ministry of Commerce may adjust the time according to the situation.
Article 21 Main points of annual examination of the Credentials:
1. Tally with the provisions of Article 5, item 1-7 of Management Measures on Qualifications of Labor Service Cooperation with Foreign Countries.
2. Abide by related national laws, regulations and policies of labor service cooperation with foreign countries, including the confirmation of labor service cooperation projects with foreign countries, project examination, training, charging, business calculation, settlement of labor service dispute or unexpected accidents abroad and the management system abroad. Abide by national policies and provisions that no one can sending labor service personnel abroad in the means of holding a visa of tour or business affairs and apply for the qualifications of labor service cooperation with foreign countries for other enterprises and issue a false number certificate of labor service personnel sent abroad.
3. Abide by related provisions of the said Measures.
Article 22 Operating company should take part in the annual examination and submit related materials in the time limited.
Article 23 If any operating companies who registered in local area accord with the provisions of Article 21 of the said Measures, local competent commercial administration should approve their annual examination and affix official seal on the annual examination column of the Credentials.
Article 24 If any operating companies who are punished with administrative warning within one year, local competent commercial administration should mark out on annual examination column of their Credentials while making annual examination, and approve them to pass the examination and supervised them intensively.
Article 25 If any operating companies act contrary to Article 7,11, 13, Article 21, Item 2 and Article 22, or their business qualifications of labor service cooperation with foreign countries are suspended by the Ministry of Commerce, they can not pass the annual examination. If any operating companies can not pass annual examination, their Credentials will be taken back and turn over to the Ministry of Commerce by local competent commercial administrations within 30 days after annual examination.
Article 26 Any operating companies who do not pass annual examination can not sign a new labor service cooperation contract with foreign countries and bear the responsibilities of management of labor service personnel sent abroad. If any operating companies do not pass annual examination in two years, their business qualification of labor service cooperation with foreign countries will lose efficacy automatically.
Article 27 If any operating companies are found contrary to the provisions of Article 21, Item 1 of these measures during annual examination, local competent commercial administration should report to the Ministry of Commerce in time for canceling their business qualification of labor service cooperation with foreign countries.
Article 28 After the annual examination, local competent commercial administration should submit local annual examination report to the Ministry of Commerce within 30 days.
Chapter V Supplementary Provisions
Article 29 The said Measures are implemented after 30 days as of the promulgation. The provisions of management of Credentials of labor service cooperation with foreign countries in Circular of Former Ministry of Foreign Trade and Economic Cooperation of Distributing Management Measures on Credentials of Labor Service Cooperation with Foreign Countries of the People’s Republic of China are abolished at the same time.
Article 30 The interpretation of these Measures shall be vested in Ministry of Commerce.
(All information published in this website is authentic in Chinese. English is provided for reference only. )
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