|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION FOR PASSPORTS CHAPTER III APPLICATION FOR VISAS CHAPTER IV RULES OF PUNISHMENT CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present measures have been hereby formulated in order to adapt to the needs of reform and opening and the economic construction, to further simplify the procedures for examination and approval of going abroad of contract workers, to follow the international practice and to promote the development of foreign economic cooperation of China. Article 2. The "foreign labor cooperation management companies" used in the present measures (hereinafter referred to the "management companies") shall refer to the enterprises that have been licensed by the Ministry of Foreign Trade and Economic Cooperation and that have the qualification certificates of foreign economic cooperation management. Article 3. The "contract workers" used in the present Measures shall refer to those people who are sent out by the management companies according to the terms of the contracts of labor cooperation, contracted projects, design consultancy, etc. signed with the foreign (overseas) agencies, enterprises or individuals (hereinafter referred to the foreign parties), but with the exception of the managerial people of the management companies. CHAPTER II APPLICATION FOR PASSPORTS Article 4. In order to go out, a contract worker shall apply to the organ of public security for an ordinary passport of the People's Republic of China (hereinafter referred to the "passport"). Article 5. One shall submit the following materials to the organ of public security when applying for the passport for contract worker: (1) Specification of the foreign labor cooperation project issued by the management company; (2) Certificate of domicile of the applicant and the Form of Examination and Approval of Application for Going Abroad of Chinese Citizens for Private Purposes; and (3) Copy of the qualification certificate of foreign economic cooperation management of the management company. Article 6. The organ of public security shall accept the application of the contract worker for going abroad in accordance with the Law of the People's Republic of China on Administration of Entry and Exit of the Citizens and the Detailed Rules for Implementation thereof, and shall primarily examine the following contents: (1) Whether the management company has the qualification for foreign economic cooperation management; (2) Identification materials of the contract worker; and (3) Whether the contract worker has been involved in the situations that are statutorily prohibited from going abroad. Article 7. When a management company applies for the passport for a contract worker who has been employed from other province (autonomous region, municipality directly under the Central Government and city directly under State Planning), the organ of public security of the place of domicile of the contract worker shall handle the application in accordance with the present measures. Article 8. One applying for the passport of contract worker shall pay the fees according to the charging standards ratified by the department of price of the State. Article 9. Where a contract worker fails to go abroad (exit the border) due to good reasons after the procedures for going abroad have been completed, the management company shall register with the organ that originally issued the passport for record. Article 10. The organ of public security shall accomplish the handling of passport within 15 days from accepting the application. As for a foreign labor cooperation project that the foreign party urges prompt handling, the organ of public security shall finish the procedures within 5 workdays, taking it as the urgent application. CHAPTER III APPLICATION FOR VISAS Article 11. The visa of contract worker shall be handled by the management company uniformly through the Ministry of Foreign Affairs or the local office of foreign affairs or the self-handling entity authorized thereby (hereinafter referred to the "department of foreign affairs"). Article 12. The department of foreign affairs shall primarily examine the following contents when accepting the application for visa of a management company: (1) Whether the management company has the qualification for foreign economic cooperation management; and (2) The examination opinions on the foreign labor cooperation project of the department in charge of foreign trade and economic cooperation of the province, autonomous region, municipality directly under the Central Government or city directly under State Planning (hereinafter referred to the "local department in charge of foreign trade and economic cooperation). Article 13. The departments of foreign affairs shall promulgate the visa commission ratified by the local departments of price and the corresponding charging standards and charging items of the foreign countries. Article 14. The departments of foreign affairs shall send the applications for visa to the foreign embassies (consulates) in China within 5 workdays after accepting the applications for visa of the management companies. If there are special circumstances occurring, the reasons shall be explained to the management companies. Article 15. The visas of sailors, fishermen and other contract workers of special industries shall be handled by the management companies in accordance with the provisions of China and the relevant countries and regions on visa. Article 16. The departments of foreign affairs shall be responsible for the coordination and management of the applications for visa of contract worker. CHAPTER IV RULES OF PUNISHMENT Article 17. If a management company violates the present measures, the local department in charge of foreign trade and economic cooperation shall give it a warning, and impose on it a fine of not more than RMB 30, 000 if it has any illegal gains, and a fine of not more than RMB 10,000 for those without illegal gains. If a crime has been constituted, the criminal responsibilities shall be investigated for. Article 18. If any individual cheats for the certificate of entry and exit for personal use in the name of contract labor going abroad, he shall be punished according to the relevant provisions of the Law of the People's Republic of China on Entry and Exit of Citizens and the Detailed Rules for Implementation thereof. If any entity or individual makes up information or provides false certificates for others to cheat for the certificate of entry and exit in the foreign labor cooperation management, and obtains illegal gains, the organ of public security at or above the county level shall impose on it (him) a fine of not more than RMB 30,000; for those without illegal gains, the organ of public security at or above the county level shall impose on a fine of not more than RMB 10,000. If anyone violates the provisions of the preceding two paragraphs and constitutes a crime, the criminal responsibilities shall be investigated for. Article 19. Any functionary who breaches his duties or commits dereliction of duties in foreign labor cooperation work shall be given administrative sanctions by the entities to which they belong according to law. Where a crime has been constituted, the criminal responsibilities shall be investigated for. CHAPTER V SUPPLEMENTARY PROVISIONS Article 20. The present measures shall be applicable to the advanced students sent abroad of a labor nature. Article 21. The present measures shall not be applicable to the contract workers sent to the Special Administration of Hong Kong, the Special Administration of Macao and the Taiwan area of China. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|