(September 4, 2003 the Ministry of personnel, Ministry of Commerce, the State administration for industry and Commerce announced 2nd) Chapter I General provisions article in order to strengthen the management of Sino-foreign joint venture talents intermediary Agency, maintaining the market order, and promote the development of talent market, according to the People's Republic of China on Chinese-foreign equity joint ventures and other relevant laws and regulations, this provision is enacted.
    Second Sino-foreign talent agencies in these rules refers to foreign talent medium service companies, enterprises and other economic organizations with China talents intermediary service companies, enterprises and other economic organizations, within the territory of China in accordance with established talent agency.
    Article III personnel intermediary services of foreign companies, enterprises and other economic organizations within the territory of China talents intermediary service activities must be undertaken with the Chinese personnel intermediary services companies, enterprises and other economic organizations of the joint venture, set up a talent agency.
    May establish wholly foreign-owned talent agency.
    Foreign enterprises representative offices and organizations such as the Chamber of Commerce in China shall not be personnel intermediary services in China.
    Fourth joint venture talents intermediary must comply with People's Republic of China laws and regulations and must not harm People's Republic of China public interest and national security.
    Sino-foreign joint venture talents intermediary's legitimate businesses and legitimate rights and interests of People's Republic of China law.
    Article fifth administrative departments of people's Governments of provinces, autonomous regions and municipalities directly under the personnel and business departments and industrial and commercial administrative departments shall in accordance with the Division of responsibilities responsible for the administration of Sino-foreign joint venture talents intermediary Agency in the approval, registration, administration and supervision. Second chapter established and registration sixth article application established Sino-foreign joint venture talent intermediary institutions, must meet following conditions: (a) application established Sino-foreign joint venture talent intermediary institutions of China investors should is established 3 years above of talent intermediary institutions, foreign funded who also should is engaged in 3 years above talent intermediary service of foreign company, and enterprise and other economic organization, joint venture parties has good of reputation; (ii) has sound of organization institutions; has familiar human resources management business of personnel, Which must has 5 name above has College above degree and made talent intermediary service qualification certificate of full-time personnel; (three) has with application of business phase adapted of fixed places, and funds and office facilities, registered capital not less than 300,000 dollars, which foreign joint venture who of funded proportion shall not below 25%, China joint venture who of funded proportion shall not below 51%; (four) has sound feasible of institutions articles, and management system, and work rules, has clear of business range; (five) can independent enjoys civil right,
    Civil liability, (vi) other conditions stipulated by laws and regulations.
    Article seventh set up Sino-foreign joint venture talents intermediary Agency, should be determined by the proposed locality of the province, autonomous region and municipality personnel administration departments for approval, and report to the personnel administration Department under the State Council for the record.
    Eighth article application established Sino-foreign joint venture talent intermediary institutions, should to province, and autonomous regions, and municipalities Government personnel administrative sector provides following material: (a) written application and the feasibility report; (ii) joint venture parties signed of agreement and articles; (three) joint venture parties carried out talent intermediary service 3 years above of qualification proved; (four) business administration sector issued of Enterprise name advance approved notice; (five) legal, and regulations and province, and autonomous regions, and municipalities Government personnel administrative sector requirements provides of other material.
    Application materials listed above if it's a foreign language shall be accompanied by a Chinese translation. Nineth of provinces, autonomous regions and municipality personnel administration department after receiving the application for establishment of Sino-foreign joint venture talents intermediary Agency, shall be processed within 30 working days.
    Approval, issued by the talent agency license (hereinafter permits), and personnel administration Department under the State Council for the record; do not agree, you should notify the applicant in writing and state the reasons. Article tenth of the applicants from the date of license in the 30th, by law to apply for approval for the business sector.
    From the date of approval certificates issued in the 30th, and industrial and commercial administrative departments to apply for registration according to law.
    Third chapter business range and management 11th article province, and autonomous regions, and municipalities Government personnel administrative sector according to Sino-foreign joint venture talent intermediary institutions of funds, and personnel and management level situation, in following business range within, approved its carried out a items or more items business: (a) talent supply and demand information of collection, and finishing, and store, and released and advisory service; (ii) talent recommended; (three) talent recruitment; (four) talent evaluation; (five) China territory of talent training; (six) regulations, and regulations provides of other about business.
    12th joint venture talents intermediary must follow voluntarily, the principles of fairness, integrity, compliance with ethics, carried out within the approved scope of business activity, not by means of unfair competition. 13th Sino-foreign joint venture talent recruitment and exit intermediary agencies shall, in accordance with relevant regulations of the Chinese Government to handle. Which, shall not recruitment following talent exit: (a) is bear national, and provincial focus engineering, and research project of technology and management personnel, without units or competent sector agreed of; (ii) on-the-job civil servants; (three) by national unified sent and and not full rotation years of support West development of personnel; (four) on-the-job of involved key personnel and post off key period not full of involved key personnel; (five) has illegal suspected is law accept review yet closed of personnel; (six) legal, and
    Other special positions of the regulations not yet flowing personnel or persons subject to approval of exit for.
    14th joint venture talents intermediary institutions to set up branches, increase or reduction of the registered capital, transfer of shares, the shareholder must be approved by the original examination and approval organ, and to the Administrative Department for industry and commerce registration under the law.
    Sino-foreign joint venture talents intermediary agency changes name, legal representative, and locations, changes after registration by the registration authority should be in the 30th, handling matters related to changes to the original examination and approval organ for the record and for renewal of the approval documents.
    15th personnel administration Department under the State Council and provinces, autonomous regions and municipalities directly under the Administrative Department of personnel under the law guiding, inspecting and supervising the day-to-day management of Sino-foreign joint venture talents intermediary Agency and business development. The province, autonomous region, municipality personnel administration of Sino-foreign joint venture talents intermediary license annual inspection system. Inspection measures for the personnel administration Department of the people's Governments of provinces, autonomous regions and municipalities.
    The province, autonomous region, municipality personnel administration department Sino-foreign joint ventures should be talent agency annual report personnel administration Department under the State Council.
    Fourth chapter penalty is 16th article Sino-foreign joint venture talent intermediary institutions not according to provides accept license annual of, provides false information or take other means cheat employing units and candidates personnel of, province, and autonomous regions, and municipalities Government personnel administrative sector with business administration sector, depending on its plot weight, give warning, and can sentenced 10000 Yuan Yuan following fine; plot serious, has illegal proceeds of, sentenced not over illegal proceeds 3 times times of fine, but highest shall not over 30000 Yuan Yuan. 17th a violation of this provision, without prior approval of the establishment of Sino-foreign joint venture talents intermediary Agency, engaged in business activities beyond the range approved and registered in accordance with the administrative regulation on the registration of the company, the unlicensed investigated combat procedures and provisions for punishment.
    Acts of unfair competition, in accordance with the relevant provisions of the unfair competition law for punishment.
    18th staff in government departments for approval and management of Sino-foreign joint venture talents intermediary work, negligence, malpractice, violating, personal and legal rights of the parties to the joint venture, in accordance with administrative privileges, given administrative sanctions by the relevant authorities constitutes a crime, criminal responsibility shall be investigated according to law.
    The fifth chapter supplementary articles article 19th Hong Kong S.A.R., and Macau S.A.R. companies, enterprises and other economic organizations in the Mainland to set up joint-venture talents intermediary Agency and Taiwan companies, enterprises and other economic organizations in the Mainland to set up joint-venture talents intermediary Agency, with reference to these provisions.
    20th joint venture talents intermediary Agency in China involving a foreign business activities within the territory, in accordance with the relevant provisions.
    21st article this provision of personnel, the Ministry of Commerce and the State administration for industry and commerce is responsible for the interpretation.
                                                                                                    22nd article of the regulations come into force on November 1, 2003.