Administrative Regulations on Foreign Labor Service Cooperation
Administrative Regulations on Foreign Labor Service Cooperation
Administrative Regulations on Foreign Labor Service Cooperation
Order of the State Council No.620
June 4, 2012
The Administrative Regulations on Foreign Labor Service Cooperation have been adopted at the 203rd executive meeting of the State Council on May 16, 2012, which are hereby promulgated and shall come into force as of August 1, 2012.
Premier: Wen Jiabao
Administrative Regulations on Foreign Labor Service Cooperation
Chapter I General Provisions
Article 1 These Regulations are enacted for the purposes of standardizing foreign labor service cooperation, safeguarding the lawful rights and interests of the workers and facilitating the healthy development of the foreign labor service cooperation.
Article 2 For the purposes of these Regulations, "Foreign Labor Service Cooperation" refers to the operational activity that organizes workers to go to other countries or regions to work for foreign enterprises or institutions (hereafter collectively referred to as "Foreign Employer").
Overseas enterprises, institutions or individuals may not recruit workers within the territory of China to work in foreign countries.
Article 3 Legal development of foreign labor service cooperation, enhancement of foreign labor service cooperation level and protection of lawful rights and interests of workers are encouraged and supported by the State.
The relevant departments of the State Council shall formulate and improve the policies and measures that facilitate the development of foreign labor service cooperation, and establish and perfect the service system, risk prevention and handling mechanism for foreign labor service cooperation.
Article 4 The competent commerce department under the State Council shall be responsible for the supervision and administration of the foreign labor service cooperation in China. The Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Human Resource and Social Security, the Ministry of Transport, the Ministry of Housing and Urban-Rural Development, the competent fisheries department, the State Administration for Industry and Commerce and other relevant departments under the State Council shall, within their own terms of reference, be responsible for the relevant work in the supervision and administration of foreign labor service cooperation.
The local people's governments at the county level or above shall uniformly lead, organize and coordinate the supervision and administration work in connection with foreign labor service cooperation within their own administrative areas. The competent commerce departments of local people's governments at the county level or above shall be responsible for the supervision and administration work in connection with the foreign labor service cooperation within their own administrative areas, and other relevant departments of such governments shall, within their own terms of reference, be responsible for the relevant work in the supervision and administration of the foreign labor service cooperation.
Chapter II Enterprises and Workers Engaging in Foreign Labor Service Cooperation
Article 5 Enterprises engaging in foreign labor service cooperation must obtain the operation qualifications for foreign labor service cooperation after approval by the competent commerce department of the provincial people's government or municipal people's government of cities divided into districts in accordance with the regulations of the people's government of the province, autonomous region or municipality directly under the Central Government.
Article 6 Enterprises applying for the operation qualifications for foreign labor service cooperation shall meet the following conditions:
1. Meeting the conditions for being an enterprise legal person;
2. With paid-in registered capital no less than RMB6,000,000;
3. Having at least three managerial personnel that are familiar with the foreign labor service cooperation business;
4. Having sound internal management systems and emergency response and handling mechanisms; and
5. Where their legal representatives have no record of intentional crime.
Article 7 Enterprises applying for operation qualifications for foreign labor service cooperation shall submit to the competent commerce department of local provisional people's government or the people's government of cities divided into districts (hereafter referred to as the "Responsible Approval Competent Commerce Department") the materials proving them meeting the conditions as provided in Article 6 herein. Responsible Approval Competent Commerce Department shall, within 20 working days upon the date of receipt of the proving materials, review and make decision on approval or non-approval. In case of granting approval, the certificate of operation qualifications for foreign labor service cooperation shall be issued; otherwise, it shall notify the applicant in writing and state the reasons for non-approval.
The applicant shall legally go through the formalities for registration with the commerce and industry administration on the strength of the certificate of operation qualifications for foreign labor service cooperation.
Responsible Approval Competent Commerce Department shall report the list of enterprises legally obtaining the certificate of operation qualifications for foreign labor service cooperation and going through the formalities for registration (hereafter referred to as the "Foreign Labor Service Cooperation Enterprises") to the competent commerce department of the State Council, which shall timely circulate the Chinese embassies and consulates.
Enterprises failing to legally obtain the certificate of operation qualifications for foreign labor service cooperation and go through the formalities for registration may not engage in foreign labor service cooperation.
Article 8 Foreign Labor Service Cooperation Enterprises may not allow other entities or individuals to organize workers to go abroad and work in their own names.
No entity or individual may organize workers to go abroad and work in the name of business, tourism, overseas study, etc.
Article 9 Foreign Labor Service Cooperation Enterprises shall, within 5 working days upon the date of registration with the commerce and industry administration, open a special account at the bank designated by the Responsible Approval Competent Commerce Department to deposit a risk disposal reserve for foreign labor service cooperation of no less than RMB3,000,000 (hereafter referred to as the "Reserve"). Reserve may be deposited by submittal of bank guarantee of equivalent amount to the Responsible Approval Competent Commerce Department.
Responsible Approval Competent Commerce Department shall announce to the public the list of Foreign Labor Service Cooperation Enterprises that have deposited the Reserve.
Article 10 Reserve will be used to pay the following expenses that the Foreign Labor Service Cooperation Enterprise refuses or is unable to assume:
1. The service fee that shall be returned to the workers, which is received by the Foreign Labor Service Cooperation Enterprise in violation of the regulations of the State;
2.
......
Order of the State Council No.620
June 4, 2012
The Administrative Regulations on Foreign Labor Service Cooperation have been adopted at the 203rd executive meeting of the State Council on May 16, 2012, which are hereby promulgated and shall come into force as of August 1, 2012.
Premier: Wen Jiabao
Administrative Regulations on Foreign Labor Service Cooperation
Chapter I General Provisions
Article 1 These Regulations are enacted for the purposes of standardizing foreign labor service cooperation, safeguarding the lawful rights and interests of the workers and facilitating the healthy development of the foreign labor service cooperation.
Article 2 For the purposes of these Regulations, "Foreign Labor Service Cooperation" refers to the operational activity that organizes workers to go to other countries or regions to work for foreign enterprises or institutions (hereafter collectively referred to as "Foreign Employer").
Overseas enterprises, institutions or individuals may not recruit workers within the territory of China to work in foreign countries.
Article 3 Legal development of foreign labor service cooperation, enhancement of foreign labor service cooperation level and protection of lawful rights and interests of workers are encouraged and supported by the State.
The relevant departments of the State Council shall formulate and improve the policies and measures that facilitate the development of foreign labor service cooperation, and establish and perfect the service system, risk prevention and handling mechanism for foreign labor service cooperation.
Article 4 The competent commerce department under the State Council shall be responsible for the supervision and administration of the foreign labor service cooperation in China. The Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Human Resource and Social Security, the Ministry of Transport, the Ministry of Housing and Urban-Rural Development, the competent fisheries department, the State Administration for Industry and Commerce and other relevant departments under the State Council shall, within their own terms of reference, be responsible for the relevant work in the supervision and administration of foreign labor service cooperation.
The local people's governments at the county level or above shall uniformly lead, organize and coordinate the supervision and administration work in connection with foreign labor service cooperation within their own administrative areas. The competent commerce departments of local people's governments at the county level or above shall be responsible for the supervision and administration work in connection with the foreign labor service cooperation within their own administrative areas, and other relevant departments of such governments shall, within their own terms of reference, be responsible for the relevant work in the supervision and administration of the foreign labor service cooperation.
Chapter II Enterprises and Workers Engaging in Foreign Labor Service Cooperation
Article 5 Enterprises engaging in foreign labor service cooperation must obtain the operation qualifications for foreign labor service cooperation after approval by the competent commerce department of the provincial people's government or municipal people's government of cities divided into districts in accordance with the regulations of the people's government of the province, autonomous region or municipality directly under the Central Government.
Article 6 Enterprises applying for the operation qualifications for foreign labor service cooperation shall meet the following conditions:
1. Meeting the conditions for being an enterprise legal person;
2. With paid-in registered capital no less than RMB6,000,000;
3. Having at least three managerial personnel that are familiar with the foreign labor service cooperation business;
4. Having sound internal management systems and emergency response and handling mechanisms; and
5. Where their legal representatives have no record of intentional crime.
Article 7 Enterprises applying for operation qualifications for foreign labor service cooperation shall submit to the competent commerce department of local provisional people's government or the people's government of cities divided into districts (hereafter referred to as the "Responsible Approval Competent Commerce Department") the materials proving them meeting the conditions as provided in Article 6 herein. Responsible Approval Competent Commerce Department shall, within 20 working days upon the date of receipt of the proving materials, review and make decision on approval or non-approval. In case of granting approval, the certificate of operation qualifications for foreign labor service cooperation shall be issued; otherwise, it shall notify the applicant in writing and state the reasons for non-approval.
The applicant shall legally go through the formalities for registration with the commerce and industry administration on the strength of the certificate of operation qualifications for foreign labor service cooperation.
Responsible Approval Competent Commerce Department shall report the list of enterprises legally obtaining the certificate of operation qualifications for foreign labor service cooperation and going through the formalities for registration (hereafter referred to as the "Foreign Labor Service Cooperation Enterprises") to the competent commerce department of the State Council, which shall timely circulate the Chinese embassies and consulates.
Enterprises failing to legally obtain the certificate of operation qualifications for foreign labor service cooperation and go through the formalities for registration may not engage in foreign labor service cooperation.
Article 8 Foreign Labor Service Cooperation Enterprises may not allow other entities or individuals to organize workers to go abroad and work in their own names.
No entity or individual may organize workers to go abroad and work in the name of business, tourism, overseas study, etc.
Article 9 Foreign Labor Service Cooperation Enterprises shall, within 5 working days upon the date of registration with the commerce and industry administration, open a special account at the bank designated by the Responsible Approval Competent Commerce Department to deposit a risk disposal reserve for foreign labor service cooperation of no less than RMB3,000,000 (hereafter referred to as the "Reserve"). Reserve may be deposited by submittal of bank guarantee of equivalent amount to the Responsible Approval Competent Commerce Department.
Responsible Approval Competent Commerce Department shall announce to the public the list of Foreign Labor Service Cooperation Enterprises that have deposited the Reserve.
Article 10 Reserve will be used to pay the following expenses that the Foreign Labor Service Cooperation Enterprise refuses or is unable to assume:
1. The service fee that shall be returned to the workers, which is received by the Foreign Labor Service Cooperation Enterprise in violation of the regulations of the State;
2.
......