Of Personnel, The Ministry Of Commerce And The State Administration For Industry And Commerce On The Amendment Of The Decision Of The Provisional Regulations On Management Of Sino-Foreign Joint Venture Talents Intermediary Agency

Original Language Title: 人事部、商务部、国家工商行政管理总局关于修改《中外合资人才中介机构管理暂行规定》的决定

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(May 24, 2005, the Ministry of personnel, Ministry of Commerce, the State administration for industry and Commerce announced 30th after the date of its promulgation, 5th purposes) under the People's Republic of China Law on administrative licensing, released on September 4, 2003, of the interim provisions on the administration of Sino-foreign joint venture talents intermediary institutions (personnel department, Ministry of Commerce, the State administration for industry and commerce, the 2nd) the following amendments: 1, seventh one paragraph is added as the second paragraph: ", Personnel Administrative Department under the State Council established talent agency set up Sino-foreign joint ventures joint ventures with foreign talent agency shall obtain the written consent of the personnel administration Department under the State Council. "2, eighth paragraph modified as follows:" applying for the establishment of Sino-foreign joint venture talents intermediary, by letter, telegram, telex, fax, electronic data interchange and e-mail, to the provinces, autonomous regions and municipalities apply to the personnel department.
    Application materials should include the following ".
    3, IX is amended as: "the province, autonomous region, municipality personnel department applications for establishment of Sino-foreign joint venture talents intermediary agency report received date processed in the 20th, 20th cannot make a decision, approved by the head of the administrative organ, you can extend the 10th, and shall inform the applicant of the reasons for such further period.
    "The approval, issue a talent agency license (hereinafter referred to as a license), and shall make a decision within 10th of the applicants will be issued, service licenses, personnel administration Department under the State Council for the record; does not agree, it shall notify the applicant in writing and state the reasons. "The approval authority should be published on the website of the executive authorities and approval procedures, deadlines, and need the directory of all the material submitted, and approved the establishment of the Sino-foreign joint venture talent agency directory and other information. "The second paragraph of article 4, the 15th is amended as:" the provinces, autonomous regions and municipalities directly under the Administrative Department of personnel under the approval of the establishment of Sino-foreign joint venture talents intermediary Agency shall check or checks, and can check out or ask to submit relevant materials. Sino-foreign joint venture talents intermediary should be inspected, and provide relevant information and materials. The provinces, autonomous regions and municipalities directly under the Administrative Department of personnel under the examination results should be reported to personnel administration Department under the State Council and published. "5, and 16th article modified for:" Sino-foreign joint venture talent intermediary institutions not law accept check, not by provides handle license change, procedures, provides false information or take other means cheat employing units and candidates personnel of, province, and autonomous regions, and municipalities Government personnel administrative sector be warning, and can sentenced 10000 Yuan Yuan following fine; plot serious of, has illegal proceeds of, sentenced not over illegal proceeds 3 times times of fine, but highest shall not over 30000 Yuan Yuan.
    "6, 19th revised as follows:" the Hong Kong S.A.R., and Macau S.A.R., Taiwan investors to set up joint-venture talents intermediary Agency, with reference to these provisions.
    "Hong Kong service providers and Macao service providers to set up joint-venture talents intermediary Agency in the Mainland, the minimum registered capital of US $ 125,000, owns the ratio does not exceed 70% which mainland joint venture should be established 1 year of intermediate agencies for talented people. "In these provisions, Hong Kong service providers and Macao service providers should comply with the Mainland and Hong Kong closer economic partnership arrangement with the Mainland and Macao closer economic partnership arrangement in terms of ' service providers ' definitions and requirements of the relevant provisions.
    "This decision announced 30th after the date of promulgation.

    Provisional Regulations on the management of Sino-foreign joint venture talents intermediary Agency in accordance with this decision be revised and republished. Attached: Sino-foreign joint venture talent intermediary institutions management provisional provides (2005 amendment this) (on September 4, 2003 personnel, and commerce, and national business administration General makes 2nd, released, on May 24, 2005 according to personnel, and commerce, and national business administration General on modified straddling Sino-foreign joint venture talent intermediary institutions management provisional provides of decided Amendment) first chapter General first article to strengthening on Sino-foreign joint venture talent intermediary institutions of management, maintenance talent market order,
    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.
    The fourth Sino-foreign 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.
    Among them, the personnel administration Department under the State Council accredited talent agency set up Sino-foreign joint ventures joint ventures with foreign talent agency shall obtain the written consent of the personnel administration Department under the State Council. Article eighth to set up Sino-foreign joint venture talents intermediary, by letter, telegram, telex, fax, electronic data interchange and e-mail, to the provinces, autonomous regions and municipalities apply to the personnel department.
    Application material should including following content: (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.
    The Nineth of provinces, autonomous regions and municipality personnel department applications for establishment of Sino-foreign joint venture talents intermediary agency report received date processed in the 20th, 20th cannot make a decision, approved by the head of the administrative organ, you can extend the 10th, and shall inform the applicant of the reasons for such further period.
    Approval and issue a talent agency license (hereinafter referred to as a license), and shall make a decision within 10th of the applicants will be issued, service licenses, personnel administration Department under the State Council for the record; does not agree, it shall notify the applicant in writing and state the reasons.
    Approval authority should be published on the website of the executive authorities and approval procedures, deadlines, and need the directory of all the material submitted, and approved the establishment of the Sino-foreign joint venture talent agency directory and other information. 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.
    The 12th Sino-foreign joint venture talents intermediary must follow voluntary 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.
    The 14th Sino-foreign 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 provinces, autonomous regions and municipalities directly under the Administrative Department of personnel under the approval of the establishment of Sino-foreign joint venture talents intermediary Agency shall check or checks, and can check out or ask to submit relevant materials. Sino-foreign joint venture talents intermediary should be inspected, and provide relevant information and materials.
    The provinces, autonomous regions and municipalities directly under the Administrative Department of personnel under the examination results should be reported to personnel administration Department under the State Council and published.
    Fourth chapter penalty is 16th article Sino-foreign joint venture talent intermediary institutions not law accept check, not by provides handle license change, procedures, provides false information or take other means cheat employing units and candidates personnel of, province, and autonomous regions, and municipalities Government personnel administrative sector be warning, and can sentenced 10000 Yuan Yuan following fine; plot serious of, has illegal proceeds of, sentenced not over illegal proceeds 3 times times of fine, but highest shall not over 30000 Yuan Yuan. 17th article in violation of these provisions, 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, GUI criminal responsibility according to law.
    The fifth chapter supplementary articles article 19th Hong Kong S.A.R., and Macau S.A.R., Taiwan investors to set up joint-venture talents intermediary Agency, with reference to these provisions.
    Hong Kong service providers and Macao service providers to set up joint-venture talents intermediary Agency in the Mainland, the minimum registered capital of US $ 125,000, owns the ratio does not exceed 70% which mainland joint venture should be established 1 year of intermediate agencies for talented people.
    In these provisions, Hong Kong service providers and Macao service providers should comply with the Mainland and Hong Kong closer economic partnership arrangement with the Mainland and Macao closer economic partnership arrangement on the "service provider" definition and requirements of the relevant 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.

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