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On Amending The Decision Of Interim Measures For The Provision Of Foreign Labor Cooperation

Original Language Title: 关于修改《对外劳务合作备用金暂行办法》的决定

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(August 21, 2003 Commerce, and Treasury makes 2003 2nd, announced) for specification foreign economic cooperation enterprise of business behavior, guarantees outside sent labor personnel of lawful rights and interests of, further clear foreign labor cooperation petty cash of using range and pay way, now on original foreign trade economic cooperation Department, and Treasury November 27, 2001 released of foreign labor cooperation petty cash provisional approach (original Ministry, and Treasury 2001 7th, makes released) for following modified: a, and
    14th is amended as: "labor service cooperation with foreign business can be cash or payment of petty cash in the form of the guarantee shall not be paid or other forms of asset-backed securities.
    (A) the guarantees referred to in this article according to the petty cash register approved by the provincial-leveled Commerce departments pay the amount to the State-owned commercial banks (hereinafter the "Bank") format (see annexes) open the unconditional and irrevocable guarantee the Fund.
    (B) the company shall guarantee the Fund opened by the original referred to the provincial-leveled Commerce departments in their retirement.
    (C) if it decides to use petty cash, the provincial Commerce authorities with Enterprise Fund guarantee to the Bank a written claim of responsibility.
    (D) the enterprise received the People's Republic of China foreign economic cooperation management credentials and the People's Republic of China at the annual examination of the foreign economic cooperation management credentials, must provide the bank guarantee of pay provision.
    (Five) appeared following situation Shi, enterprise must by provincial business competent sector issued of insurance letter modified notice, Yu 2 months within to Bank handle insurance letter modified procedures: 1, and business range occurred change of; 2, and for business good and continuous three years not use petty cash, by provincial business competent sector approved, reduced petty cash pay amount of; 3, and by approved reduced petty cash pay amount of enterprise, occurred use petty cash event Hou should Yu 2 months within will approved of petty cash full complement of.
    (F) termination of foreign labor service cooperation with foreign business enterprises, registered in provincial-leveled Commerce departments should be properly placed in the enterprise after it dispatched, written confirmation from the Bank.
    (VII) to guarantee payment of petty cash, to use, back up, management, supervision and the resulting administrative review, no special provisions of this article, in accordance with the other provisions in these procedures. (H) cash payment of petty enterprises, such as switching to guarantee payment of petty cash in the form of, submit to the provincial departments in charge of Commerce shall, on receiving the Fund guarantee within 10 working days after its deposit reserve interest return business. "II, and 17th article increased a paragraph, as second paragraph, provides for:" Enterprise unable to according to Court of judgment or arbitration institutions of ruling compensation labor personnel of loss Shi, can to registered to provincial business competent sector application use petty cash and the interest, application of enterprise needed provides following material: (a) application use petty cash of report; (ii) Court and arbitration institutions of judgement, and ruling book. "Fourth, 18th article" after the provincial Foreign Trade Department in the use of petty cash, one by one to the Ministry, Ministry of finance the record and will use the Fund shall serve notice in writing of an enterprise. "Amended to read:" after the provincial Commerce authorities in the use of petty cash should be within 10 working days the Ministry of Commerce, Ministry of finance the record and shall serve notice in writing of the Fund will be spent on corporate.
    "Four," Ministry "is consistently adapted as" Ministry of Commerce "," the competent foreign economic and trade sector "is consistently adapted as" the commercial administrative department. " Attachment: = petty cash guarantee guarantee number: to: __________ Department of foreign trade and economic cooperation (Commission and Council) in view of the __________ of company and address: __________________ (hereinafter the applicant), of? foreign labor service cooperation with business, to the country (territory), send/related industries (a specific industry) Dr
    Officers? under the interim measures for the provision of foreign labor cooperation (former MOFTEC and the Ministry of finance in 2001 7th order) regulations?, the applicant is required to your Office (Commission and Council) paid __________ million Yuan (the amount of capital ____________?) petty cash of foreign labor cooperation. Should applicants of requirements, __________ Bank, address: __________________ (following referred to Bank?) is hereby open State to your Office (Board, and Council) for beneficiaries, amount not over __________ million Yuan Yuan (amount capital?: ____________) of not revoked of guarantees letter, guarantee applicants paid: 1, and for burst event caused outside sent labor personnel must immediately home and produced of repatriation costs; 2, and
    According to the Court judgment or arbitration award shall compensate workers for the loss.
    If the applicant will not pay for these expenses or losses, the bank guarantee on receipt of your Office (Commission and Council) statement? applicants fail to pay such expenses or losses within 3 banking business days after a written claim, to your Office (,?), not exceeding a total of __________ million Yuan to pay (the amount of capital: ____________) payments. This guarantee Office of guarantee period from the date of issue to you (Commission and Council) confirm the termination of the applicant engaged in foreign labor? date of business, regardless of whether the original of this letter of guarantee to return after the expiration, the Bank's liability will be automatically discharged.

                                                      Your Office? (Commission and Council) of any claim and revision of requirements shall during the term of this guarantee in writing, served on the Bank.
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