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Foreign Labor Cooperation Risk Management Of Petty Cash Management Procedures (Trial Implementation)

Original Language Title: 对外劳务合作风险处置备用金管理办法(试行)

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Foreign labor cooperation risk management of petty cash management procedures (trial implementation)

    (July 18, 2014, the Ministry of Commerce, the Ministry of Finance announced as of August 17, 2014, 2014 2nd) Chapter I General provisions

    First to standardize operation behavior of labor service cooperation with foreign enterprises, ensuring the legitimate rights and interests of dispatched personnel, according to the labor service cooperation with foreign regulations, these measures are formulated.

    II risk management of Foreign Labor Cooperation Fund (hereinafter referred to as the Fund) is the paid labor service cooperation with foreign enterprises, for the overseas labor management regulations provided for in article tenth of the funds earmarked for use.

    Third foreign labor cooperation companies paid into the Reserve Bank is responsible for the approval of operational qualifications for labor service cooperation with foreign business Department (hereinafter referred to as departments in charge of Commerce) specified in conjunction with the financial sector.

    Article fourth Commerce authorities and the financial sector should be based on labor service cooperation with foreign enterprises in the region number and field services scale reality, within their administrative regions preferred to specify one or more good credit rating, high level of service, and promised to provide the services requested by banks as petty cash funds paid into the Bank.

    The fifth labor service cooperation with foreign enterprises to banks designated to handle petty cash deposit and withdrawal procedures.

    Chapter two petty cash deposit

    Sixth labor service cooperation with foreign enterprise shall be operational qualifications for labor service cooperation with foreign countries and the Administration for industry and commerce within 5 working days from the date of registration, in banks deposit reserve.

    Seventh petty cash payment standard for 3 million yuan in cash or an equivalent form of bank guarantee deposited. Article eighth labor service cooperation with foreign enterprises in cash paid into the Fund, required to hold a business license copy and certificate of operational qualifications for labor service cooperation with foreign banks to open a special account and the deposit formalities.

    Paid into the Fund of foreign labor cooperation companies should sign the labor service cooperation with foreign banks risk management alternate deposit agreement (annex 1), and send copies of the commercial administrative department.

    Nineth reserve all principal and interest by labor service cooperation with foreign enterprises, foreign labor cooperation companies were free to extract and use the alternate gold interest. Tenth labor service cooperation with foreign enterprises in the form of a bank guarantee deposit fund, by the designated beneficiary's banks for the commercial Administrative Department of the irrevocable letter (annex 2), in place of the foreign labor service cooperation article tenth of the regulations when it uses a performance guarantee responsibility. Foreign labor cooperation companies should include in their duration of operational qualifications for labor service cooperation with foreign countries to provide an effective guarantee, the guarantee is valid for at least two years. Competent commercial departments should be reminded, one month before the expiry of the guarantee foreign labor cooperation companies extend the guarantee period.

    Save the original of the letter of the Department of business.

    11th business shall be paid into the Fund by the competent labor service cooperation with foreign companies to the public.

    Chapter III use of petty cash

12th article foreign labor cooperation Enterprise refused to or unable to bear violation national provides charged should back returned to labor personnel of service fee or according to agreed should to labor personnel paid of labor paid of, in labor personnel to business competent sector complaints and provides related contract and charges voucher or wage by article, evidence Hou, business competent sector should written notification foreign labor cooperation enterprise in 5 a days within returned or paid labor personnel about costs. Foreign labor cooperation companies within the specified time no refund or charge, commercial administrative departments should make a decision to use alternate gold and notify the labor service cooperation with foreign enterprises and banks, and issued the notification of risk management of petty cash withdrawals of foreign labor cooperation (annex 3, hereinafter referred to as the notification of withdrawal).

    Banks in accordance with written notification and the notification of withdrawal, from petty cash will be the appropriate amount of money in cash paid or transferred to the business designated by the competent service personnel.

    13th foreign labor cooperation companies refuse or cannot afford legal to pay the workers wages or fees required to compensate workers for the loss, competent commercial departments by court judgment or ruling and other effective legal instruments to use alternate payment.

The 14th foreign labor cooperation companies refuse or cannot afford because of an emergency, labor personnel to return home or receive emergency relief requirements, competent commercial departments should be supplied to the labor service cooperation with foreign workers return or accept the bailout costs proved, and notify the labor service cooperation with foreign enterprises in related fees must be paid within 5 working days. Labor service cooperation with foreign enterprises in related costs are not paid within a specified time, departments in charge of Commerce decisions should be made using an alternate payment and notify the labor service cooperation with foreign enterprises and banks, and issued the notification of withdrawal.

    Banks in accordance with written notification and the notification of withdrawal, from petty cash will be the appropriate amount of money in cash or transfer payment to personnel designated by the commercial administrative department or unit.

    Article 15th letter of banks should be notified in writing and within 5 business days of the notice of withdrawal, carry out security responsibilities.

    After the 16th reserve use, labor service cooperation with foreign enterprise shall, within 20 working days since the date of use will top up the Fund to 3 million Yuan.

The 17th stop foreign labor cooperation of labor service cooperation with foreign enterprises, should be sent to service personnel working abroad to make proper arrangements and arrangements together with 2 years of petty cash deposit certificate or letter of guarantee business departments.

    Foreign labor cooperation within 2 years from the date of filing of the enterprise labor dispute is not directed against its complaint or a lawsuit, the Commerce authorities should issue a written notification and the notification of withdrawal, banks in accordance with written notification and the notification of withdrawal, refund its deposit fund or to allow its irrevocable.

    18th article banks each quarter to the labor service cooperation with foreign enterprises and commercial administrative departments to provide a standby deposit statements.

    19th labor service cooperation with foreign enterprises to the commercial administrative department disputed decisions to use alternate gold, people's Court may apply for administrative reconsideration or bring an administrative action.

    The fourth chapter of petty cash management

    20th reserve implemented earmarking.

    The 21st foreign labor cooperation in labor service cooperation with foreign enterprises are not in accordance with the regulations and make up the petty cash deposit as provided herein or, departments in charge of Commerce shall be ordered in the petty cash should be deposited or supplement within one month of the date correction; refused to correct, revoke its certificate of operational qualifications for labor service cooperation with foreign countries.

    22nd reserve fund by the Department of Commerce is responsible for the use, management, and financial departments are responsible for monitoring and Audit Department of audit.

    The fifth chapter supplementary articles 23rd foreign project contracting business petty cash deposit criteria temporarily for 200,000 yuan.

    Deposit and use in accordance with the foreign project contracting regulations and the relevant provisions of these measures. The 24th before the implementation of these measures is engaged in foreign labor cooperation companies operating, such as no longer engaged in foreign labor cooperation, should apply to the Commerce authorities, the financial sector return fund; if engaged in foreign labor cooperation, should be in accordance with the labor service cooperation with foreign regulations and paid into the Fund in a timely manner as prescribed by the present measures.

    Lack of operational qualifications for labor service cooperation with foreign countries or are not paid into the Fund in a timely manner, in accordance with the labor service cooperation with foreign regulations on the administration of the 39th and 41st of the relevant regulations.

    25th article this way by the Ministry of Commerce, in conjunction with the Ministry of finance is responsible for the interpretation.

    26th article this way as of August 17, 2014, on November 27, 2001 the foreign trade and economic cooperation, the Ministry of finance published the interim measures for the provision of foreign labor cooperation (former Ministry of foreign trade and economic cooperation Ministry 21 7th order) and its supplementary provisions repealed simultaneously.

    Annex 1: risk management alternate deposit of foreign labor cooperation agreement

    In order to strengthen the management of foreign labor cooperation risk management provision, under the management of foreign labor cooperation Ordinance (hereinafter referred to as the regulations) and the risk management of foreign labor cooperation fund regulations, labor service cooperation with foreign labor service cooperation with foreign enterprises and banks risk management Fund (hereinafter referred to as the Fund) management reached the following agreement:

    , Petty cash belonging to the labor service cooperation with foreign enterprises in accordance with law deposit, funds earmarked for protection of workers ' legal rights, except as provided in article tenth of the regulations, as well as the risk management of foreign labor cooperation of 18th of the petty cash management circumstances, no units or individuals may use the alternate payment. Second, banks paid for labor service cooperation with foreign enterprises in reserve, in accordance with (a) year, automatic renewal expiration management on a regular basis.

    Principal and all interest income to all labor service cooperation with foreign enterprises.

    Third, relevant labor service cooperation with foreign enterprises are allowed to pay a petty cash voucher security, related to the provision of vouchers issued by the Bank should be indicated on the "private money may not guarantee".

Four, petty cash use implementation as follows: (A) article tenth of the regulations (a) to (c) need to use alternate gold, is responsible for the approval of operational qualifications for labor service cooperation with foreign business Department (hereinafter referred to as departments in charge of Commerce) to notify the labor service cooperation with foreign businesses and banks and issue the notification of risk management of petty cash withdrawals of foreign labor cooperation (hereinafter referred to as the notification of withdrawal).

Banks in accordance with written notification and the notification of withdrawal, with the competent commercial departments checked correctly, from petty cash will be the appropriate amount of money in cash paid or transferred to the business designated by the competent service personnel. (B) the tenth article of the Ordinance (d) require the use of alternate gold, Commerce authorities notify the labor service cooperation with foreign companies and banks and to issue the notification of withdrawal.

Banks in accordance with written notification and the notification of withdrawal, with the competent commercial departments checked correctly, from petty cash will be the appropriate amount of money in cash or transfer payment to personnel designated by the commercial administrative department or unit.

(C) termination of labor service cooperation with foreign enterprises and appropriate arrangements for field services staff, the commercial administrative department in accordance with the relevant provisions to the Bank a written notification and the notification of withdrawal, banks will fund returned to the labor service cooperation with foreign enterprises.

(D) provide guarantees of banks, should be notified in writing and within 5 business days of the notice of withdrawal, carry out security responsibilities.

(E) is not in the above provision situation, there is a petty cash reduction, the Bank should take up the responsibility.

    In accordance with subsection (a), (b), (c), (d) executed in the manner required, beyond the amounts paid into the Fund of labor service cooperation with foreign enterprises, the Bank does not assume any obligation to pay.

    Five, petty cash to use within 3 working days after Bank petty cash should be used inform labor service cooperation with foreign enterprises and departments in charge of Commerce.

    Six per quarter, banks should spare gold deposit two copies of statements issued by, respectively, sent to labor service cooperation with foreign enterprises and departments in charge of Commerce.

Seven, two copies of this agreement, labor service cooperation with foreign businesses and banks to save a copy of sent copies of business departments.

Note:

Deposit reason (choose one)

1. the new ();

2. petty cash after using up to 3 million Yuan ().

Deposit amount: Bai-Bai picked up picked up thousands of sub-

Lowercase:

Note II:

Departments in charge of Commerce, labor service cooperation with foreign companies and bank information

Business Department:

Mailing address and zip code:

Contact:

Contact phone:

Contact fax:

Foreign labor cooperation companies:

Operational qualifications for labor service cooperation with foreign certificate number:

Mailing address and zip code:

Contact:

Contact phone:

Contact fax:

Bank name:

Mailing address and zip code:

Contact:

Contact phone:

Contact fax:

Foreign labor cooperation companies Bank

(盖章)            (盖章)

Legal representative of the legal representative or authorized representative or authorized representative

(签字)             (签字)

    Signature date: signature: Annex 2: risk management of petty cash for labor service cooperation with foreign bank guarantee

Control no:

Opening date:

__________________厅(局/委): Based on the foreign labor management regulations and management measures of the risk management of foreign labor cooperation fund, __________________ enterprises (hereinafter referred to as foreign labor cooperation companies, operational qualifications for labor service cooperation with foreign certificate number: __________) are required by law to pay the _________ (amount capital: __________) risk management of foreign labor cooperation in reserve.

Applications for labor service cooperation with foreign enterprises, our Bank (Guaranty Bank name and address) we hereby open in your Office (Bureau) as the beneficiary, the amount does not exceed _________ (amount capital: _________) an irrevocable letter of guarantee labor service cooperation with foreign enterprises to pay:

A charge, labor service cooperation with foreign enterprises in violation of State regulations, service fee shall be returned to the workforce;

Second, the law or in accordance with the agreement up to the labor service cooperation with foreign enterprises pay wages to the workers;

Three, according to labor service cooperation with foreign enterprises should be the cost of compensation for loss of labor;

Four, because of the dramatic events that occurred, should be borne by the foreign labor cooperation companies workers return or accept the emergency relief requirements.

If foreign labor cooperation enterprise will no paid above costs/labor paid, I line guarantee in received your Office (Council/Board) issued of description foreign labor cooperation enterprise not paid above costs/labor paid of written notification original, and this insurance letter original original and foreign labor cooperation risk disposal petty cash withdrawals notice of 5 a days within, in above guarantees amount range within, according to foreign labor cooperation risk disposal petty cash withdrawals notice perform paid obligations.

This guarantee is valid from the date ____ ______ _____ ______ year month year ____ date _____ month.

Bank name (seal)

Address:

    Signing time: Annex 3: risk management of foreign labor cooperation fund withdrawal form

Business name business qualification certificate number

Mailing address and postal code

Legal representative Tel

Reserve Bank contact number

Payment object name/ID/license number Withdrawal cause 1.

Foreign labor cooperation companies charged in violation of State regulations, service fee shall be returned to the workforce;

2. According to law or in accordance with the agreement up to the labor service cooperation with foreign enterprises pay wages to the workers;

3. According to law by labor service cooperation with foreign enterprises the cost of compensation for loss of labor;

4. due to unexpected events, should be borne by the labor service cooperation with foreign enterprises service personnel returning or receiving emergency relief requirements;

5. because of the termination of operations, returned to the labor service cooperation with foreign enterprises.

The amount capitalized: lowercase:

Secondary files

Departments in charge of Commerce Bank within 5 working days from the labor service cooperation with foreign enterprises in the special reserve account will be the payment paid to the units/personnel.

Attn signature: seal: Tel: led sign: