Administration Measures on Business Qualification of Labor Services Cooperation with Foreign Countries were adopted by First Ministerial Conference of Ministry of Commerce on January 12, 2004 and the Conference of State Administration for Industry and Commerce on July 15,2004. The said Measures are now published and implemented 30 days after the publication.
Bo Xilai, Minister of Ministry of Commerce
Wang Zhongfu, Director of State Administration for Industry and Commerce
July 26 2004
Administration Measures on Business Qualification of Labor Services Cooperation with Foreign Countries
Article 1 The said Measures are formulated in accordance with Foreign Trade Law of the People’s Republic of China and related laws and regulations for the purposes of enhancing the administration of labor services cooperation with foreign countries, regulating the market operating order of labor services cooperation with foreign countries, safeguarding the legitimate rights and interests of persons of labor services sent abroad, improving the quality and administration of labor services cooperation with foreign countries and promoting the healthy development of labor services cooperation with foreign countries.
Article 2 These Measures apply to business qualification administration of the enterprises who registered in China to be engaged in labor services cooperation (including advanced students) with foreign countries.
Article 3 Labor services cooperation with foreign countries means economic activities that the domestic corporations who meet the provisions of these Measures sign contract with foreign companies, intermediary organs or private employers who are allowed to recruit or employ foreign labor, and seek prospective employees, select and send Chinese citizens abroad and provide labor services and administration for foreign employers.
Article 4 The enterprises engaged in labor services cooperation with foreign countries can be engaged in business activities of labor services cooperation with foreign countries only when they obtain the qualifications and the Credentials of Labor Services Cooperation with Foreign Countries of the People’s Republic of China in accordance with the said Measures with the permission of the Ministry of Commerce. The enterprises and natural persons abroad and foreign organs in China are not allowed to recruit persons of labor services directly in China.
Article 5 The enterprises applying for business qualification of labor services cooperation with foreign countries must meet following requirements:
1. Corporations who have registered for more than 3 years in accordance with laws, the registered fund is no less than 5 million yuan RMB, the registered fund of the enterprises in mid-west area is no less than 3 million yuan RMB;
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