Provisions on the Administration of Overseas Employment Intermediaries

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Labor Law of People's Republic of China (PRC) and the relevant provisions of the State Council for the purpose of regulating overseas employment intermediary activities and safeguarding the legitimate rights and interests of overseas employees. Article 2 These Provisions shall apply to the administration of employment intermediary activities inside and outside China.

The term "overseas employment" as mentioned in these Provisions refers to the employment behavior of China citizens who sign labor contracts with overseas employers, provide labor services overseas and get remuneration for labor services.

The term "overseas employment agencies" as mentioned in these Provisions refers to the activities of providing relevant services for overseas employment of China citizens or for overseas employers to recruit China citizens for overseas employment in China. After approval, the institution engaged in this activity is an overseas employment agency. Article 3 Overseas employment agencies shall implement the administrative licensing system. Without approval and registration, no unit or individual may engage in intermediary activities for overseas employment. Article 4 The labor and social security department is responsible for the management, supervision and inspection of overseas employment activities.

The public security organ is responsible for the management of the entry and exit order of overseas employment intermediary activities.

The administrative department for industry and commerce is responsible for the registration of overseas employment agencies and the supervision and management of the market economic order of overseas employment agencies. Chapter II Establishment of Intermediary Agencies Article 5 To engage in overseas employment intermediary activities, the following conditions shall be met:

(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. Article 6 An institution applying for engaging 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 obtaining the consent of 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. Article 7 An applicant institution 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. Article 8 An applicant shall apply to the administrative department for industry and commerce for registration of establishment or change of an enterprise as a legal person within 30 days from the date of obtaining the license, and shall go to the local provincial labor and social security administrative department and public security organ for filing within 10 days from the date of approval of establishment or change of registration. Chapter III Operation and Management Article 9 Overseas employment intermediaries 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. Article 10 An overseas employment intermediary institution 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. Article 11 An overseas employment intermediary institution shall sign an overseas employment intermediary service agreement with overseas employees according to law. The agreement shall clearly stipulate the rights and obligations of both parties, service items, charging standards, liability for breach of contract, compensation clauses, etc. Article 12 An overseas employment intermediary agency shall report the signed overseas employment intermediary service agreement and the confirmed overseas employment labor contract to the provincial labor security administrative department for the record. If the provincial administrative department of labor and social security does not raise any objection within 10 days, the overseas employment agency may issue a confirmation letter of overseas employment to overseas employees. The public security organ shall, in accordance with the relevant provisions, handle the entry and exit documents for overseas employees with the confirmation of overseas employment.