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In accordance with the Administrative License Law of the People's Republic of China, the Provisions on the Administration of Talents Markets (Order No.1 of the Ministry of Personnel and State Administration for Industry and Commerce) promulgated on September 11, 2001 shall be amended as follows: 1. Paragraph 1 of Article 7 shall be revised as: "When applying for the establishment of a talents intermediary services institution, an application may be filed with the personnel department of the people's government by way of mail, telegraph, telex, fax, electronic data exchange or e-mail, which shall be accompanied by the relevant certification materials as required in Article 6 of the present Provisions. Particularly, if a fixed business site for talents intermediary services is to be established, a special statement shall be made." 2. Add a paragraph to Article 8 as Paragraph 4: "The personnel administrative department of the government shall establish a sound licensing system for the talents intermediary services institutions, and shall publish examination and approval procedures, time limits and the list of all the materials required for submission, as well as the directory of the talents intermediary services institutions that have been granted an approval of establishment." 3. Article 9 shall be revised as: "The examination and approval organ shall, within 20 days from the day when it receives an application for the establishment of a talents intermediary service institution, complete the examination over it. If it cannot make a decision within 20 days, it may extend the time limit by 10 days upon the consent of the person-in-charge of this administrative organ and shall inform the applicant of the reasons for the extension. If it approves the application, it shall issue to the applicant a License for Talents Intermediary Services (hereinafter referred to as the License) and shall grant or serve it upon the applicant within 10 days from the day when it makes the decision. If it disapproves the application, it shall give the applicant a written notice and shall make an explanation." 4. Article 11 shall be revised as: "Any foreign company, enterprise or other economic organization that is engaged in talents intermediary services within the territory of the PRC shall run the business jointly with a Chinese talents intermediary services institution. The establishment of an equity joint talents intermediary services institution shall conform to the laws and regulations governing Sino-foreign equity joint ventures, shall be subject to the examination and approval of the personnel administrative department of the local government at the provision level, shall be granted a License, shall be reported to the Ministry of Personnel for archival purposes and shall simultaneously undergo the other formalities under the relevant provisions. The provisions of the preceding paragraph shall be applicable to the establishment of equity joint talents intermediary services institutions within the Mainland of China by investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan. If it is otherwise provided for by any law or regulation, this law or regulation shall prevail." 5. Article 16 shall be revised as: "The examination and approval organs shall be responsible for inspecting or spot-checking the talents intermediary services institutions, whose establishment was approved thereby, and it may consult or demand them to submit the relevant materials. The talents intermediary services institutions shall accept such inspection or spot-checking and faithfully provide the relevant information and materials. The examination and approval organ shall announce the result of inspection and spot-checking." 6. Article 23 shall be revised as: "To hold a job fair, the approval of the personnel administrative department of the people's government at the county level or above shall be obtained according to the functions of administration. To hold a job fair within the jurisdiction of a province (autonomous region or municipality directly under the Central Government), the approval of the personnel administrative department of the provincial government shall be obtained. To hold a job fair whose name is prefixed by words such as "China", "National", etc., the approval of the Ministry of Personnel or of its authorized personnel administrative department at the province level shall be obtained. Without such approval, no job fair may be held by any entity or individual." 7. Article 36 shall be amended as: "Any talents intermediary services institution that violates these Provisions by expanding its scope of business without approval, refusing to accept an inspection or providing any false materials, or failing to go through the formalities for modifying the License, shall be given a warning and fined not more than 10,000 yuan by the personnel administrative department of the government at the county level or above. If the circumstances are serious, it may be ordered to suspend business for rectification, and its illegal gains shall, if there is any, be confiscated and it may be given a pecuniary penalty in the sum of not more than 3 times the illegal gains, but which shall not exceed 30, 000 yuan." This Decision shall be implemented after the elapse of 30 days from the promulgation date. The Provisions on the Administration of Talents Markets shall be amended in compliance with this Decision and shall be re-promulgated. |
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