(July 26, 2004 Commerce, and national business administration General makes 2004 3rd, announced since public? cloth of day up 30th Hou purposes) first article for strengthening foreign labor cooperation management, specification foreign labor cooperation market business order, maintenance outside sent? labor personnel lawful rights and interests of, improve foreign labor cooperation quality and management level, promote foreign labor cooperation health development?, according to People's Republic of China foreign trade method and related regulations, developed this approach.
    Second approach applies to registered enterprises engaged in foreign labor in China (including trainees) in? the administration of operational qualifications.
    Third article foreign labor cooperation is refers to meet this approach provides of territory corporate and country (border) outside allows enrollment? received or employment foreign labor personnel of company, and intermediary institutions or private employers signed contract, and by contract agreed of conditions? has Organization to recruitment, and selection, and sent China citizens to country (border) outside for foreign employers provides labor service and for tube? acting of economic activities.
    Fourth engaged in foreign labor cooperation companies must be licensed by the Ministry of Commerce, according to the ways to obtain foreign labor? as business qualifications, and received the People's Republic of China certificate of operational qualifications for labor service cooperation with foreign countries (hereinafter? qualification certificate), before they can develop the management of foreign labor cooperation activities.
    Foreign companies, natural persons and foreign institution may recruiting workers in China by directly.
    Article fifth operational qualifications for labor service cooperation with foreign enterprises must meet the following conditions: (a) legally registered entity, registered more than 3 years, the registered capital of not less than 5 million people? currency, enterprises not less than 3 million yuan in the Midwest.
    (B) considerable management ability, asset-liability ratio of no more than 50%, no record of bad behavior.
    (C) have a fixed place of business, not less than 300 square meters of office space.
    (D) have a sound management system, ISO9000 quality management system certification.
    (E) have the ability to pay foreign labor service cooperation fund.
    (Vi) have a college degree or professional instructor-level foreign labor cooperation not less than 5 people,? trained managers and finance officers shall not be less than 2, legal persons of not less than 1.
    (VII) with the appropriate marketing and site management abilities.
    (H) has a certain work, nearly 3 years to provide enterprises with operational qualifications for labor service cooperation with foreign expatriates? labour not less than 300 people.
    Sixth section of operational qualifications for labor service cooperation with foreign enterprises are required to submit the following materials: (a) the enterprise application.
    (B) the copy of the business license, the original bank reference letter.
    (C) issued by an accounting firm corporate capital verification report, copy of the financial annual report, balance sheet,? the original clearance certificate issued by tax authorities.
    (D) undertakings proof of ownership or permanent copies of lease certificates.
    (E) the incorporation, operation management system, ISO9000 quality management system certification certificate.
    (Vi) fifth sixth specialists under these measures a copy of the certificate.
    (VII) the proposed feasibility report for labor service cooperation with foreign countries and regions.
    (VIII) operational qualifications for labor service cooperation with foreign enterprises provide field services number issued by the certificate.
    (IX) other materials required by laws and regulations.
    Article seventh application operational qualifications for labor service cooperation with foreign countries, should be registered in the provinces, autonomous regions, municipalities or meter? separate municipal departments in charge of Commerce (hereinafter "local Commerce departments") a written application.
    Eighth regional business after all application materials are received by the Department of enterprise, should be finished within 10 working days? a trial and Commerce preliminary review opinions, together with all of an enterprise's application materials. Nineth local commerce authorities Ministry of Commerce received preliminary review opinions after all application materials and business,? in 15 working days, make a licensing approval of operational qualifications for labor service cooperation with foreign, copy to the departments.
    No? approved, reasons shall be given.
    Tenth Article enterprise since made foreign labor cooperation business qualification license of day up 30th within, according to original Ministry?, and Treasury released of foreign labor cooperation petty cash provisional approach (2001 7th, makes) and commerce, and fiscal? political Department released of on modified straddling foreign labor cooperation petty cash provisional approach of decided (2003 2nd, makes?) of provides, handle pay foreign labor cooperation petty cash procedures, to place business competent sector received qualification certificate?.
    11th Enterprise receiving the certificate of eligibility in the 30th, changes with the original competent registration authority? in mind. 12th with operational qualifications for labor service cooperation with foreign enterprises change business names, registered capital and business fields?, an application to the enterprise registration authority for registration according to law.
    Within 30 working days of registration, local? business Department and Commerce Department records.
    13th approved by the Ministry of Commerce has contracted project management of the enterprise, to consult their foreign contracts? project to send overseas workers.
    14th as authorized the establishment of foreign-funded employment agencies or Sino-foreign joint venture talents intermediary agency recruitment? talents and exit the business, except as provided in article sixth of this approach on the material should also be submitted to the foreign invested enterprises? certificates and foreign-invested enterprises copy of business license.
    15th by the State as a special industry professional, developed separately by the Ministry of Commerce, in conjunction with relevant departments operating funding? conditions.
    16th operational qualifications for labor service cooperation with foreign enterprises has been made shall be one year from the date of implementation of this approach?, meet the conditions as provided herein.
    Article 17th operational qualifications for labor service cooperation with foreign enterprises were revoked, and logs off, their qualifications? automatically lose.
    Article 18th local competent commercial departments should enhance supervision over enterprises with operational qualifications for labor service cooperation with foreign? management, these measures are not in line with article fifth (a) to (g) provides, upon request, in one months? the appropriate conditions cannot be achieved, can be reported to the Department of Commerce to revoke its license.
    Article 19th of operational qualifications for labor service cooperation with foreign enterprises in the business activities in violation of state labor? regulations by the Ministry of Commerce in a warning or a fine, and constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 20th operational qualifications for labor service cooperation with foreign enterprises in business activities, in violation of the State administration of industry and commerce? regulations and the immigration regulations of the State, industrial and commercial administrative organs and public security organs to investigate and punish, by? Department give a warning.
    Article 21st lack of operational qualifications for labor service cooperation with foreign countries, without industrial and commercial registration, permission for? labor service cooperation with foreign business activity, business departments and industrial and commercial administrative organs at all levels to investigate and punish, which made? crime, criminal responsibility shall be investigated according to law.
    22nd Ministry of Commerce regularly or irregularly published with a list of operational qualifications for labor service cooperation with foreign enterprises and? penalty information. 23rd these measures implemented since the release date of 30th.
    Original Ministry released of on adjustment enterprises? industry application foreign contracting labor right of qualification conditions and the strengthening late management, problem of notification ([1999] outside by? trade candidates ' letter word No. 748,) and on part adjustment foreign contracting engineering, and foreign labor cooperation business qualification conditions of? notification ([2001] outside trade development word No. 735,) in the about foreign labor cooperation business qualification license of provides while? abolition.
                                                                                                                            24th article this way by the Ministry of Commerce in conjunction with the State administration for industry and Commerce explain.