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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II INCORPORATION AND REGISTRATION CHAPTER III SCOPE OF BUSINESS AND MANAGEMENT CHAPTER IV PENALTY PROVISIONS CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are formulated in accordance with the Law of the People's Republic of China on Chinese-foreign Equity Joint Ventures and other relevant laws and regulations, with a view to strengthening the management of Chinese-foreign joint job intermediary agencies, safeguarding the order and promoting the development of the employment market. Article 2. For the purpose of the present Provisions, the term "Chinese-foreign Joint Job Intermediary Agency" refers to job intermediary agencies duly and jointly established in China by any foreign company, enterprise or other economic organization offering job intermediary service and any Chinese company, enterprise or other economic organization offering job intermediary services. Article 3. Any foreign company, enterprise or other economic organization offering job intermediary services that wants to go in for job intermediary service activities in China must conduct talent intermediary services activities through a specialized job intermediary agency jointly established with a Chinese company, enterprise or other economic organization for offering job intermediary services. No wholly foreign-owned job intermediary agency may be established. No foreign enterprise's resident representative office in China, or chamber of commerce or the like established in China by any foreign enterprise may offer job intermediary service in China. Article 4. All Chinese-foreign joint job intermediary agencies shall abide by the laws and regulations of the People's Republic of China and may not do anything detrimental to the public interests or national security of the People's Republic of China. The legitimate business activities and lawful rights and interests of Chinese-foreign joint job intermediary agencies shall be protected by the law of the People's Republic of China. Article 5. The administrative department of personnel, administrative department of Commerce and the administrative department of industry and commerce of the people's governments at the level of province, autonomous region or municipality directly under the Central Government shall, in accordance with the division of functions and powers, take charge of the examination and approval, registration, management and supervision of Chinese-foreign joint job intermediary agencies in their administrative region. CHAPTER II INCORPORATION AND REGISTRATION Article 6. The incorporation of any Chinese-foreign joint job intermediary agency shall be subject to the following requirements: (1) The Chinese investor to the Chinese-foreign joint job intermediary agency to be incorporated must be a job intermediary agency having existed for at least three years, while the foreign investor must be a foreign company, enterprise or other economic organization having been in the business of offering job intermediary service for at least three years, and all investors must have good reputations; (2) The agency to be incorporated shall have a proper organization structure, have personnel who are familiar with the management and business of human resources, among whom at least five full-time employees are graduates of junior college or above and have a qualification certificate for job intermediary service; (3) The agency to be incorporated shall have a permanent place of business, funds and office facilities necessary for the business it applies to do, with a registered capital of not less than 300,000 US dollars, of which, the contribution made by the foreign investor shall not be less than 25% and that by the Chinese investor shall not be less than 51%; (4) The agency to be incorporated shall have sound and practical articles of association, management system, working rules and definite scope of business; (5) The agency to be incorporated shall have the capacity of having civil rights and obligations; and (6) Other requirements provided by laws or regulations. Article 7. Any application for incorporating a Chinese-foreign joint job intermediary agency shall be subject to the examination and approval of the administrative department of personnel of the people's government of the province, autonomous region or municipality directly under the Central Government where the agency is to be located, and shall be submitted to the administrative department of personnel of the State Council for archival purposes. Article 8. To apply for the incorporation of any Chinese-foreign joint job intermediary agency, one must provide the following materials to the administrative department of personnel of the people's government of the province, autonomous region or municipality directly under the Central Government: (1) a written application and a feasibility study report; (2) an agreement and articles of association signed by all investors; (3) certifications showing that the investors have been in the business of offering job intermediary service for at least three years; (4) the Notice of Advance Approval of Enterprise Name issued by the administrative department of industry and commerce; and (5) other materials required by laws, regulations or the administrative department of personnel of the people's government of the province, autonomous region or municipality directly under the Central Government. If any of the above-mentioned materials is written in any foreign language, a Chinese translation shall be attached thereto. Article 9. The administrative department of personnel of the people's government of the province, autonomous region or municipality directly under the Central Government shall complete the examination and approval procedures within 30 working days from receipt of the application for the incorporation of any Chinese-foreign joint job intermediary agency and, in the case of approval, issue a License for Job Intermediary Service (hereinafter referred to "license") and report it to the administrative department of personnel of the State Council for archival purposes or, in the case of disapproval, give a written notice to the applicant with reasons for such disapproval. Article 10. The applicant shall go through the approval formalities with the administrative department of Commerce according to law within 30 days from receipt of the license, and shall go through the registration formalities with the administrative department of industry and commerce according to law within 30 days from the issuance of the approval certificate. CHAPTER III SCOPE OF BUSINESS AND MANAGEMENT Article 11. The administrative department of personnel of the people's government of the province, autonomous region or municipality directly under the Central Government shall, in the light of the capital, personnel and management level of the Chinese-foreign joint job intermediary agency, approve the agency to go in for one or more kinds of the following business: (1) collection, arrangement, storage and publication of information about the employment market and relevant consultant services; (2) talent recommendation; (3) talent recruitment; (4) talent test and appraising; (5) giving training courses in China; and (6) other relevant business provided by laws and regulations. Article 12. All Chinese-foreign joint job intermediary agencies must abide by the principles of voluntary participation, equity good faith and professional ethics, to conduct business activities within the approved scope of business, and may not commit any act of unfair competition. Article 13. Any Chinese-foreign joint job intermediary agency recruiting talents for employment outside China shall go through formalities in accordance with the relevant provisions of Chinese government. None of the following persons may be recruited for employment outside China if he is: (1) a technician or administrative person who is in the performance of and key engineering or scientific research project of national or provincial level, if such employment outside China is not approved by the entity he belongs to or by the competent administrative department; (2) a public servant in service; (3) sent by the state to support the development of the Western Region of China and whose period of service in the west part has not expired; (4) involved in any confidential work, either in service or having ceased to be in service but still within the confidential period; (5) suspected of any illegal act and is under investigations; nor (6) on any other special post who, according the relevant provisions of laws or regulations, is forbidden to flow for the time being, or persons whose exit is subject to approval according the relevant provisions of any law or regulations. Article 14. The establishment of a branch, increase or decrease of registered capital, transfer of shares, and change of shareholders of a Chinese-foreign joint job intermediary agency shall be subject to the approval of the original examination and approval authorities and to the modification registration with the administrative department of industry and commerce. Any Chinese-foreign joint job intermediary agency that changes its name, legal representative or place of business shall, within 30 days after the registration of amendment with the administrative department of industry and commerce, go through with the original examination and approval authorities the relevant formalities of modification for archival purposes and receive a new approval document. Article 15. The administrative department of personnel of the State Council and of the people's governments at the level of province, autonomous region, and municipality directly under the Central Government shall, according to law, make directions, examinations and supervisions on the daily management and business development of Chinese-foreign joint job intermediary agencies. The administrative department of personnel of the people's governments at the level of province, autonomous region, and municipality directly under the Central Government shall make annual examination of the licenses of Chinese-foreign joint job intermediary agencies. The measures for such annual examination shall be formulated by the administrative department of personnel of the people's government of the province, autonomous region or municipality directly under the Central Government. The administrative department of personnel of the people's governments at the level of province, autonomous region, and municipality directly under the Central Government shall submit the result of such annual examination to the administrative department of personnel of the State Council. CHAPTER IV PENALTY PROVISIONS Article 16. Any Chinese-foreign joint job intermediary agency failing to duly accept annual examination of license, providing false information or deceiving the employer or people looking for jobs by other means shall be given a warning or be punished with a fine not exceeding 10,000 Yuan or both in the light of the gravity of the circumstances or, in the case of any serious circumstances and illicit income, be punished with a fine of not exceeding three times such income but in any event not exceeding 30,000 Yuan, by the administrative department of personnel of the people's government of the province, autonomous region or municipality directly under the Central Government in conjunction with the administrative department of industry and commerce of the same level. Article 17. Anyone who violates the present Provisions and establishes any Chinese-foreign joint job intermediary agency without approval or conducts business activities beyond the approved and registered scope of business shall be punished in accordance with the Regulations on the Management of Company Registration, Measures for Dealing with and Banning Non-License Business Activities and other relevant provisions. Anyone who commits any act of unfair competition shall be punished in accordance with the Law Against Unfair Competition. Article 18. Any personnel of government who neglects his duties, commits any embezzlement or malpractice and infringes on any legitimate rights and interests of any entity, individual or investor shall be given a disciplinary sanction by the relevant authorities according to the relevant competence or, if any crime is constituted, be subject to criminal liabilities. CHAPTER V SUPPLEMENTARY PROVISIONS Article 19. Matters concerning the incorporation, in the mainland, of any joint job intermediary agency by any company, enterprise or other economic organization of Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan shall be handled by referring to the present Provisions. Article 20. Business activities involving foreign personnel conducted in China by any Chinese-foreign joint job intermediary agency shall be handled in accordance with relevant provisions. Article 21. The power to interpret the present Provisions shall remain with the Ministry of Personnel, Ministry of Commerce and the State Administration of Industry and Commerce. Article 22. The present Provisions shall come into force as of November 1, 2003. |
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