|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL CHAPTER II SYSTEM FOR THE ADMINISTRATION OF TRAINING CHAPTER III ESTABLISHMENT AND EXAMINATION OF QUALIFICATIONS OF TRAINING CENTERS CHAPTER IV TRAINING CHAPTER V OUTLAYS CHAPTER VI GRANTING OF TRAINING CERTIFICATES CHAPTER VII ADMINISTRATION OF THE TRAINING CENTERS CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL Article 1. The present Provisions have been formulated for the purpose of strengthening the administration of the training of laborers to be sent abroad, raising the quality of the laborers to be sent abroad by our country and promoting the development of foreign labor cooperation. Article 2. The term "training of laborers to be sent abroad" mentioned in the present Provisions refers to the adaptive training received by the various laborers (including the trainees that are in nature laborers, it is the same hereafter) to be sent abroad by the enterprises that have been granted the qualifications for engaging in foreign economic cooperative business management (hereafter referred to "management qualifications") before they go abroad. Article 3. The term "center for training laborers to be sent abroad" (hereafter referred to "training center") refers to those entities that have been granted the qualifications for training and assessing laborers to be sent abroad by the Ministry of Foreign Trade and Economic Cooperation (hereafter "MOFTEC "). CHAPTER II SYSTEM FOR THE ADMINISTRATION OF TRAINING Article 4. The MOFTEC is in charge of the training of laborers the whole country to be sent abroad. The commissions (departments or bureaus) of foreign trade and economic cooperation of the provinces, autonomous regions, municipalities directly under the Central Government and the cities directly under Central planning (hereafter referred to "local departments in charge of foreign trade and economic cooperation on the provincial level") are in charge of the training of laborers within their respective jurisdictions to be sent abroad. The enterprises under the Central Big Enterprises Working Committee (hereafter "central enterprises") are in charge of the training of the laborers within their respective enterprises to be sent abroad. The China Chamber of Commerce for Foreign Contracted Projects (hereafter "CCCFCP") is in charge of the concrete work of coordinating and guiding the training centers according to the relevant rules and policies formulated by the MOFTEC. CHAPTER III ESTABLISHMENT AND EXAMINATION OF QUALIFICATIONS OF TRAINING CENTERS Article 5. To establish a training center, the local administrative department in charge of foreign trade and economic cooperation or central enterprise concerned shall file an application hierarchically to the authority on the next higher level. The local administrative departments in charge of foreign trade and economic cooperation on various levels and the central enterprises may, according to the business situation of foreign labor cooperation within the locality or the enterprise and the need for training laborers to be sent abroad, by taking advantage of the existing training equipments and teaching conditions of the society or the department or the enterprise concerned, apply for establishing comprehensive or professional (or trade-related) training centers under its direct administration, or apply for qualifications to the existing training entities to engage in the training of laborers to be sent abroad (hereafter referred to "application for establishing training centers"). It is the general rule that other entities or enterprises may not apply for establishing training centers. Article 6. The local administrative departments in charge of foreign trade and economic cooperation on the provincial level or the central enterprises shall form joint inspection groups in collaboration with relevant departments according to the standards provided in the present Provisions and inspect the training centers of the local place (or the enterprises). No application may be filed to the MOFTEC unless they are found to have met the standards. The local administrative departments in charge of foreign trade and economic cooperation on the provincial level shall grant "Qualifications Certificates for Training Laborers (Trainees) to Be Sent Abroad" (hereafter referred to "qualifications certificates") on the basis of the approving documents of the MOFTEC. Without the approval of the MOFTEC, no entity may be eligible for training laborers to be sent abroad. The MOFTEC authorizes the local administrative departments in charge of foreign trade and economic cooperation on the provincial level to be in charge of the annual examination and administration of the "Qualifications Certificates for Training Laborers (Trainees) to Be Sent Abroad" within their respective jurisdictions (including the central enterprises). The measures for the administration of qualifications certificates shall be separately formulated and published. Article 7. In case any local administrative department in charge of foreign trade and economic cooperation applies for establishing a training center, the number of laborers sent abroad within the locality shall be more than 1,000 persons per year for two consecutive years. If any central enterprise applies for establishing a training center, the number of laborers sent abroad shall be more than 1,500 person each year for two consecutive years. The provinces and autonomous regions in China¡¯s west and the regions far from the existing training centers and with bad traffic may apply for establishing training centers if the number of laborers sent abroad within the locality is more than 200 persons for more than two consecutive years. It is the general rule that be at most one training center should be approved for each city on or below the prefectural level, and there shall not be more than two training centers in the capital cities, and not more than 4 in the municipalities directly under the Central Government and the cities directly under Central planning. If the number of laborers sent abroad by a city on or below the prefectural level is more than 3,000 persons per year, more than 6,000 persons have been sent abroad by any provincial capital city per year, and more than 10,000 persons have been sent abroad per year by any municipality directly under the Central Government of city directly under Central planning, the above-mentioned quotas may be appropriately enlarged. The MOFTEC exercises dynamic administration over the training centers on the basis of the situation of sending laborers abroad in the past by the different regions and central enterprises by following the principles of satisfying the demand for training and ensuring the training centers to have adequate laborers for training, by paying attention to the advantages of different trades and regions, making overall planning of the distribution of training centers within the whole country and making timely readjustments according to the development of business of sending laborers abroad by the local places and central enterprises. Article 8. A training center shall satisfy the following conditions: (1) Having fixed places and facilities for training more than 100 people or more at the same time; (2) Having a team of full-time and part-time teachers that are familiar with the business and policies of foreign labor cooperation, politically qualified, with good professional ethics and good at teaching; as a general rule, there shall be no less than 3 full-time teachers, and there shall be clear division of work; (3) Having the management personnel and rules that can guarantee the training of laborers to be sent abroad; and (4) Having the ability to be adapted to the changes in the international labor market and timely readjust the orientation and ways of training. Article 9. The following materials shall be submitted to the MOFTEC for the establishment of training centers: (1) An application; (2) An introduction of the training center (including the organizational structure, teaching facilities, teachers, majors and performances of the training center, etc.); (3) A check report made by the local administrative department in charge of foreign trade and economic cooperation on the provincial level or by the central enterprise concerned; and (4) The situation of sending laborers abroad by the locality or enterprise including the total number of persons sent abroad, the number of laborers sent abroad during the recent two years, number and distribution of laborers staying abroad at the present time, a prospective analysis, etc.). CHAPTER IV TRAINING Article 10. The contents of training are: (1) Chinese Legal provisions concerning foreign labor cooperation; (2) Common knowledge for going abroad such as safety, keeping secrets, foreign disciplines, foreign etiquette, etc.; (3) Contents of the contracts concluded between the entity that send laborers abroad and foreign employers and between the entity and the laborers themselves, as well as the concrete meaning of the articles of the contracts; (4) The obligations undertaken rights enjoyed in the labor work abroad as well as how to correctly handle the relationship between the laborers and the foreign employers, how to enhance the consciousness of service, ensuring the quality of work, perform the contracts according to law and how to defend their own lawful rights and interests, etc.; (5) An introduction to the politics, economy, culture, geography of the country (region) of destination; (6) Relevant laws, religions, folk customs, etc. of the country (region) to where they are to be sent. Special attention shall be paid to enable them to identify and resist the religious forces that are reactionary in nature and evil cult organizations; and (7) Language and professional skills and other contents that need training. Article 11. Textbooks for training (1) The textbooks for training include non-professional textbooks, language training and other professional skills; (2) The textbooks, syllabuses and examination outlines for all disciplines and language training shall be uniformly compiled or revised by the contracting chamber of commerce according to the criteria and demands of the MOFTEC. The textbooks for the training of professional skills may be compiled by the individual training centers according to the relevant technical standards of our country or the destination country (region) or the requirements of the foreign employers. The contracting chambers of commerce or other entities may, upon the authorization of the MOFTEC, compile supplementary textbooks for the training of professional skills if it is necessary for the training. (3) All training centers shall rigidly observe the teaching syllabuses and examination outlines approved by the MOFTEC. In the training practice, uniform textbooks shall be used for the non-professional courses, and each employer to be sent abroad shall have a copy. As for the professional textbooks, the training centers may have them compiled by themselves according to the actual demand of the foreign labor project. Article 12. Any one with the primary professional title or above who serves as a technical laborer may, if he has good command of the official language of the destination country (region) or corresponding skills, be exempted from the training of foreign languages or skills by submitting foreign examination certificates (list of education credits) or certificates of professional titles and only attend the training of non-professional courses within the prescribed time period. Article 13. Duration for training (1) The duration of training for non-professional courses shall not be less than 40 hours. (2) The duration of training for language skills shall be arranged according to the requirements of the enterprises of the country to where the laborers are to be sent. If the foreign language level of the laborers is required to reach the standard mentioned in Article 12, then at least 40 hours are needed for the intensive training of language for everyday life and work. (3) The duration of the training of professional skills shall be determined by the entity that sends laborers abroad in collaboration with the training center concerned in accordance with the level of the laborers and the requirements of the foreign employers. Article 14. Venue for Training In order to lighten their own economic burden, the laborers should receive training at the nearest possible venue. Generally speaking, they may not receive training in other provinces or other central enterprises. Article 15. Teaching staff and teaching activities of the training centers (1) The teachers of the training centers should have corresponding education backgrounds, and the teachers of professional skills shall have corresponding practical experiences. If the teacher is very experienced in training and the quality of his teaching is very good, the requirement concerning education background may be appropriately less rigorous. (2) The teachers of all training centers should do a good job in their teaching by following the teaching syllabus and training programs, study the characteristics of the laborers to be sent abroad, improve their teaching methods and the quality of training. (3) The contracting chambers of commerce should organize irregularly training programs for the teachers of the training centers and symposiums for the exchange of teaching experiences; collaborate with the MOFTEC to conduct annual appraisals to some of the businesses of the training centers. If any training center is found to be of poor quality in the appraisals, the MOFTEC shall deal with it according to the relevant provisions of the present Provisions. (4) All the training centers may take good advantage of training method of online training and give full play to the functions of the part-time teachers so as to be adapted to the multi-disciplinary and multilevel features of the training of laborers to be sent abroad. (5) All the training centers should continually improve their systems of administration, establish and perfect systems for the administration of teaching, appraisal and assessment of teaching quality, and set up archive files for the trainees. Article 16. Examination In order to guarantee the quality of training, the participants of training programs for the laborers to be sent abroad should receive all the prescribed training programs within the prescribed time period. When the training finishes, the training centers should give examinations to the laborers according to the syllabuses of examination. Any one who fails the examinations shall not be granted a qualifications certificate. Article 17. All the training centers should keep in mind the consciousness of good services, keep in frequent contact with the eligible enterprises within the local place, accept their trusts for training, try every effort to ensure the quality of training avoid "going through the motions". CHAPTER V OUTLAYS Article 18. The office expenses of the training centers and the salaries, welfare, etc. of the staff members may be settled by the departments to which they belong or be settled by themselves by means of raising funds for their own expenses. Article 19. All the training centers should reasonably use the funds appropriated by the state or local governments for special purposes and the funds donated by the general public according to the principle of "special funds for special purposes". Article 20. The training expenses for the training of laborers to be sent abroad should, generally speaking, be borne by the laborers themselves or by the project-contracting entity that send them abroad. The relevant provisions of the MOFTEC shall be followed in determining the rates for training centers to collect fees. It shall be rigidly forbidden to charge fees arbitrarily. CHAPTER VI GRANTING OF TRAINING CERTIFICATES Article 21. The "Certificate of Training for Laborers (Trainees) to Be Sent Abroad" (hereafter referred to "training certificate") is a qualifications certificate for the laborers to be sent abroad as well as a certification document required for the laborers to go through the formalities for going abroad. Article 22. The training certificates shall be printed under the uniform supervisions of the MOFTEC. The MOFTEC authorizes the local departments in charge of foreign trade and economic cooperation on the provincial level to verify and issue the training certificates of the training centers that belong to them and the training centers of the central enterprises within their administrative jurisdiction, authorizes the Beijing Municipal Commission of Foreign Trade and Economic Cooperation to verify and issue training certificates of the training centers of the central enterprises stationed in Beijing. Article 23. A training certificate shall take effect after a steel seal is affixed to the training certificates at the place for affixing photos, marking "No. __ Training Certificate for Training of Laborers to Be Sent Abroad" and a seal of the verification department authorized by the MOFTEC is affixed to page 4 of the certificate. The training certificates of the local training centers shall be affixed with the official cachet of the local department in charge of foreign trade and economic cooperation on the provincial level and the training certificates of the training centers under the central enterprises shall be affixed with the official cachet of the local department in charge of foreign trade and economic cooperation on the provincial level where the central enterprise concerned is located. Article 24. All training centers shall, when applying for issuing training certificates, fill in a "Form for Approval of Eligible Candidates to Training of Laborers (Trainees) to Be Sent Abroad" (hereinafter referred to "approving forms") in duplicate and submit it to the verification department authorized by the MOFTEC together with the training certificates for examination and approval. The verification department authorized by the MOFTEC shall complete the examination and approval within two work days after receiving the approving forms. Article 25. The rate for charging fees for the training certificates shall be determined by the MOFTEC after consulting the Ministry of Finance. No any other department may raise the rate under any pretext. Article 26. The validity of the training certificates (1) The training certificates shall be valid for a term of three years, and may be extended if the labor contracts so require. (2) If, during the valid term of the training certificates, any laborer goes to any other country (region) that is not provided in the training certificate, he may apply for granting a new training certificate after receiving corresponding training concerning a survey of the country (region) he is to be sent and the training of language skills. (3) If any laborer is sent, within two years after the expiration of the training certificates, to the same country (region), he may apply for granting a new training certificate by presenting his original training certificate and an attestation of the entity by whom he is to be sent abroad. He shall receive trainings anew after the training certificate has expired for two years. Article 27. The laborers should properly keep their training certificates after being sent abroad. They may show their certificates to the foreign employers or entities when necessary, but may not sell or forge them or use them for other purposes. If a training certificate is lost, the laborer shall apply immediately to the original training center for granting a new one by presenting a written application, an attestation of the entity that sent him abroad and an approving form. It shall be marked "reissued due to loss" in the new training certificate, and the valid term thereof shall be the same as the original one. Article 28. The training certificates shall be distributed by the contracting chambers of commerce. The training centers may buy them directly from the contracting chambers of commerce or entrust the local departments of foreign trade and economic cooperation to order for them. CHAPTER VII ADMINISTRATION OF THE TRAINING CENTERS Article 29. The training centers shall take it as their goal to improve the quality of the laborers instead of making profits. They should strictly abide by the relevant laws, regulations and policies of the state, and shall, in the process of training, meticulously carry out the teaching syllabuses and examination outlines approved by the MOFTEC so as to guaranty the quality of training. Article 30. If, in the training of laborers to be sent abroad, any entity that is entitled to train laborers commits any of the following acts, it shall be given a warning by the MOFTEC: (1) Violating relevant rules concerning training; (2) Refusing to obey or trying to avoid the administration or coordination of the provincial department in charge of foreign trade and economic cooperation or of the contracting chamber of commerce; (3) Having trained two few laborers (fewer than 200 per year); or (4) Failing to apply for or change the qualifications certificates 6 months after its expiration without good reasons. Article 31. If, in the training of laborers to be sent abroad, any entity that is entitled to train laborers commits any of the following acts, it shall be suspended from training by the MOFTEC: (1) Violating relevant rules concerning training which has resulted in injuring the interests of the state, enterprise or laborer individually; (2) Refusing to obey the administration or coordination of the provincial department in charge of foreign trade and economic cooperation or the contracting chamber of commerce so that the normal order of training work is disrupted; (3) The training center is not well run or the rules for training are not well-established so that the training is reduced to mere formalities; (4) The training performances are far from good (the number of trained laborers being less than 200); (5) Failing to go through the procedures for applying for or changing the qualifications certificate one year after it expires; or (6) Violating relevant rules concerning the rate for charging fees and charging fees at higher rates under various pretexts or charge fee arbitrarily. Article 32. If, in the training of laborers to be sent abroad, any entity that is entitled to train laborers commits any of the following acts, it shall be given a warning by the MOFTEC: (1) Seriously violating relevant provisions concerning training so that serious damages have been caused to the state, enterprise or laborers; (2) Refusing to obey the administration or coordination of the provincial department in charge of foreign trade and economic cooperation or the contracting chamber of commerce so that the normal order of sending laborers abroad and training laborers to be sent abroad is disturbed or disrupted; (3) Practicing fraud or selling training certificates overtly or covertly; or (4) The training thereof still fails to meet the relevant requirements after being given a warning or qualifications thereof is suspended. Article 33. The departments of foreign trade and economic cooperation on the provincial level and the contracting chambers of commerce shall regularly supervise, inspect and guide the training of the training centers, report, in a timely way, the problems that exist in training, the opinions for solution and suggestions for improving the training work to the MOFTEC. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 34. The present Provisions shall be implemented as of February 1, 2002, and the document (Docket No. 101 [1996] of the MOFTEC) shall be repealed concurrently. In case there are any discrepancies between the present Provisions and any of the documents concerning the training of laborers to be sent abroad published by the MOFTEC in the past, the present Provisions shall prevail. Annex: Approval Form of Eligible Candidates to Training of Laborers (Trainees) to Be Sent Abroad (Duplication allowed) (omitted) |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|