Chapter II Provisions on the Administration of Overseas Employment Intermediaries

The establishment of an intermediary institution engaged in overseas employment intermediary activities shall meet the following conditions:

(1) It meets the requirements for the establishment of an enterprise as a legal person;

(2) Full-time staff with professional qualifications such as law, foreign languages and accounting, with sound working system and staff code;

(three) the reserve fund is not less than 500 thousand yuan;

(4) Other conditions stipulated by laws and administrative regulations. An institution applying to engage in overseas employment intermediary activities (hereinafter referred to as the applicant) shall apply to the local provincial administrative department of labor and social security, and report to the Ministry of labor and social security for examination and approval after approval by the public security organ at the same level. The Ministry of Labor and Social Security shall make a reply within 60 days from the date of receiving the application. Before reporting to the Ministry of Labor and Social Security for examination and approval, the newly established overseas employment agencies shall go through the name pre-approval and registration with the administrative department for industry and commerce. After being audited by the Ministry of Labor and Social Security and copied to the Ministry of Public Security, our Ministry will issue a license for overseas employment agencies (hereinafter referred to as the license).

The license is valid for 3 years from the date of issuance.

Overseas institutions, individuals and foreign institutions in China shall not engage in overseas employment intermediary activities within the territory of China. The applicant shall submit the following documents and materials to the audit institution:

(1) Fill in a complete qualification application form for overseas employment agencies;

(2) Notice of pre-approval of enterprise name;

(3) Resumes and relevant qualification certificates of the legal representative or candidate, major staff or candidate;

(4) A capital verification report issued by a legally qualified capital verification institution;

(5) Articles of Association and relevant internal rules and regulations;

(six) the administrative region and feasibility report of the proposed overseas employment intermediary activities;

(seven) proof of the use of the domicile and business premises;

(eight) the certificate of reserve deposit approved by the provincial labor and social security administrative department;

(nine) other materials stipulated by the Ministry of labor and social security. Overseas employment agencies shall engage in the following businesses according to law:

(1) Providing overseas employment information and consultation for China citizens;

(2) Accepting the entrustment of overseas employers and recommending the personnel to be recruited;

(3) Provide pre-departure training for overseas employees, and assist them in handling relevant procedures such as notarization of professional qualification certificates;

(4) Assisting overseas employees in handling passport, visa, notarized materials, physical examination, vaccination and other procedures and certificates required for leaving the country;

(5) Handling social insurance for overseas employees;

(six) to assist overseas employees to safeguard their legitimate rights and interests through mediation, arbitration, litigation and other procedures. Overseas employment agencies shall perform the following obligations according to law:

(1) Examining the legal business start-up certificate and credit certificate of the overseas employer, and the certificate of permission to recruit foreigners approved by the immigration department of the country or region where the overseas employer is located or other relevant government departments;

(2) Assist and guide overseas employees to sign labor contracts with overseas employers, and confirm the contents of the labor contracts.

The contents of a labor contract shall include the contract term, work place, work content, working hours, working conditions, labor remuneration, social insurance, labor protection, rest and vacation, accommodation conditions, conditions for changing or canceling the contract, handling of labor disputes, liability for breach of contract, etc. When an overseas employment intermediary agency is unable to make compensation according to the award of the arbitration institution or the judgment of the people's court, or is unable to pay the fine or penalty, it may apply in writing to the supervision department of the reserve fund for the use of the reserve fund and its interest.

If an overseas employment agency refuses to pay a fine or a fine, or refuses to implement the ruling or judgment of an arbitration institution or a people's court, it shall be enforced by the executing organ according to law. Overseas employment agencies in violation of the provisions, one of the following acts, the administrative department of labor security shall order it to make corrections, there is no illegal income, and impose a fine of 10000 yuan; If there is illegal income, a fine of less than 3 times the illegal income but not more than 30 thousand yuan shall be imposed; If damage is caused to the party concerned, it shall be liable for compensation; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) providing false materials to obtain a license;

(two) to carry out overseas employment intermediary activities to other unauthorized intermediaries or individuals through contracting or subcontracting;

(3) Refusing to perform the obligations stipulated in Article 10 of these Provisions;

(4) Failing to sign an overseas employment intermediary service agreement with the client;

(five) to carry out overseas employment intermediary business fails to replenish the reserve fund;

(six) in violation of regulations, seriously damaging the legitimate rights and interests of overseas employees. Overseas employment agencies that violate industrial and commercial administrative regulations shall be investigated and dealt with by the industrial and commercial administrative authorities according to law.

Those who publish advertisements for overseas employment intermediary services without approval shall be ordered by the administrative department for industry and commerce to stop publishing, and if there is no illegal income, they shall be fined 10000 yuan; If there is illegal income, the illegal income shall be confiscated and a fine of less than 3 times the illegal income but not more than 30,000 yuan may be imposed.