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Article 1. The present Measures are hereby formulated in accordance with the Foreign Trade Law of the People's Republic of China and the relevant provisions for the purpose of strengthening administration on overseas labor training, improving the quality of the overseas labor service personnel, ensuring the legal rights and interests of the overseas labor service personnel, and promoting the sustained and healthy development of the cooperation in overseas labor service. Article 2. The "overseas labor training" mentioned in the present Measures shall refer to the adaptability training made by the enterprises, which have the qualification of undertaking the management of overseas labor service cooperation (hereinafter referred to the "management company") on overseas labor service personnel (including researchers) before their going abroad (out of the territory). The "adaptability training" shall refer to the educations on laws and regulations home and abroad, on foreign affairs, and on the customs and everyday language of the local countries or districts, which the overseas labor service personnel shall know and master. Article 3. Where a management company carries out overseas labor service cooperation, it shall have the duty to train the overseas labor service personnel, who shall be subject to the training. Article 4. The management companies may organize the training on overseas labor service personnel by themselves or entrust the relevant training institutions to train them. Article 5. The management companies shall designate special management personnel for the overseas labor training to be responsible for organizing the training on overseas labor service personnel, and shall be liable for the quality of training, and check through examination whether the overseas labor service personnel have the basic ability fit in with the work abroad. Article 6. Teaching materials for overseas labor training shall be compiled uniformly by China International Contractors Association (hereinafter referred to the "CICA") for the use of overseas labor service personnel. Article 7. The competent commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government, and cities directly under state planning (hereinafter referred to the competent local commerce departments) shall entrust one special institution as the examination center for overseas labor service of their own regions. The examination centers may, according to the actual needs of the local regions, establish examination places. The examination centers or examination places (hereinafter referred to the "examination centers") shall be separated from the training institutions. Article 8. The management companies shall be responsible for organizing the already trained overseas labor service personnel to take part in the examination at the examination centers. Article 9. The CICA shall uniformly set the examination papers of overseas labor training for the examination centers to use. The competent local commerce departments and the CICA shall be responsible for making supervision over and inspection on the examination. Article 10. After the overseas labor service personnel have passed the examination, the examination centers shall issue them the Certificate of Conformity for Training on Overseas Labor Service Personnel (Researchers) (hereinafter referred to the Certificate of Conformity). The examination centers shall get the Certificate of Conformity from the CICA. Article 11. The expense for training of overseas labor service personnel shall be borne in principle by themselves. Article 12. The fees for overseas labor service examination shall be included in the training expense. Article 13. The training expense (including examination fees, the same hereinafter) shall be collected by the management companies from the overseas labor service personnel in a lump sum, and shall be paid to the training institutions and the examination centers. The management companies shall clarify the standards for collecting training expense in accordance with the relevant state provisions, no management company may concoct various pretexts to overcharge or charge arbitrarily. Article 14. No additional charges shall be collected from the overseas labor service personnel who fail the examination and need to be retrained or reexamined. Article 15. The management companies and the examination centers shall improve the quality of the overseas labor service personnel, and earnestly strengthen the work for overseas labor training and examination, and strictly abide by the relevant state laws, regulations and policies, and voluntarily accept the supervision and administration of the competent commerce departments at all levels and the coordination and guidance of the CICA. Article 16. The main clauses of the overseas labor service contract signed by the management companies and the labor service personnel shall include the contents of training on overseas labor service personnel. Article 17. The competent local commerce departments shall, from January 1 to March 1 each year, make periodical examination and summary on the work for the overseas labor training and the examination of their own regions, and report to the Ministry of Commerce, as well as send a copy to the CICA. The conclusions on the inspection of overseas labor training shall be taken as the important basis for the annual examination of the management companies. Article 18. In case a management company violates the provisions on overseas labor training, it shall be punished in accordance with the relevant provisions on the administration of overseas labor service cooperation. Article 19. Where an examination center violates the relevant provisions of the present Measures in the work for overseas labor service examination, the competent local commerce departments shall, according to the seriousness of the circumstances, circulate a notice of criticism or stop entrusting them to do the examination work. The CICA may put forward opinions for handling the issues existed in the work for overseas labor service examination of the examination centers to the competent local commerce departments. Article 20. The competent local commerce departments may, according to the present Measures, formulate the detailed implementation rules for the work of overseas labor training and examination. The CICA may, according to the present Measures, formulate the implementation measures in relation to the teaching materials of the overseas labor training, examination papers and the Certificate of Conformity. Article 21. The present Measures shall come into force after 30 days from the date of promulgation. Where the relevant clauses in the provisions on the administration of overseas labor training, which were formulated by the former Ministry of Foreign Trade and Economic Cooperation, do not correspond with the present Measures, the present Measures shall be followed. The training centers or examination centers for overseas labor services established on the basis of the bilateral governmental agreements shall not be governed by the present Measures. Article 22. The power to interpret the present Measures shall remain with the Ministry of Commerce. |
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