Provisions on the management of talent market

Chapter I General Provisions Article 1 In order to establish and improve a talent market system with sound mechanism, standardized operation, thoughtful service and strong guidance and supervision, optimize the allocation of talent resources, standardize talent market activities and safeguard the legitimate rights and interests of talents, employers and talent intermediary service institutions, these Provisions are formulated in accordance with relevant laws and regulations. Article 2 The term "talent market management" as mentioned in these Provisions refers to the management of talent intermediary services, employer recruitment, individual application and related activities of talent intermediary service institutions.

The object of talent market service refers to all kinds of employers and personnel with technical secondary school education or professional and technical qualifications, as well as other personnel engaged in professional technology or management. Article 3 Talent market activities shall abide by national laws, regulations and policies, adhere to the principles of openness, equality, competition and merit-based, and implement independent employment by units and individuals. Article 4 The personnel administrative department of the government at or above the county level is the comprehensive management department of the talent market, and the administrative department for industry and commerce at or above the county level shall supervise and manage the talent market according to law within the scope of their duties. Chapter II Talent Intermediary Service Institutions Article 5 The talent intermediary service institutions mentioned in these Provisions refer to franchised or part-time institutions that provide intermediary services and other related services for employers and talents.

The establishment of talent intermediary service institutions should meet the needs of economic and social development, and make overall planning and rational layout according to the requirements of talent market development. Article 6 The establishment of a talent intermediary service institution shall meet the following conditions:

(a) there are places and facilities suitable for the development of talent intermediary business, and the registered capital (gold) shall not be less than 6,543,800 yuan;

(two) there are more than five full-time staff with college degree or above who have obtained the Qualification Certificate for Talent Intermediary Service;

(3) Having sound and feasible working rules and regulations;

(4) Having the ability to bear civil liability independently;

(5) Having other conditions as prescribed by relevant laws and regulations. Article 7 To establish a talent intermediary service institution, a written application shall be submitted to the personnel administrative department of the government, and relevant certification materials shall be submitted in accordance with the requirements of Article 6 of these Provisions. Where a fixed talent exchange place is established, it shall be specified.

Without the approval of the personnel administrative department of the government, no talent intermediary service institution may be established. Article 8 The establishment of a talent intermediary service institution shall be subject to examination and approval by the personnel administrative department of the government at or above the county level (hereinafter referred to as the examination and approval authority) in accordance with the management authority.

The State Council ministries and commissions, directly affiliated institutions and their directly affiliated institutions in Beijing, enterprises directly affiliated to the central government in Beijing and national associations apply for the establishment of talent intermediary service institutions, which shall be examined and approved by the Ministry of Personnel. The application of the central government for the establishment of talent intermediary service institutions in local subordinate units shall be examined and approved by the personnel administrative department of the local provincial government.

Where a talent intermediary service institution establishes a branch, it shall be examined and approved by the personnel administrative department of the government where the branch is located after obtaining the written consent of the original examination and approval authority. Article 9 The examination and approval authority shall complete the examination and approval within 30 days from the date of receiving the application report for establishing a talent intermediary service institution. Approved, issued a "talent intermediary service license" (hereinafter referred to as the license); If it disagrees, it shall notify the applicant in writing and explain the reasons. Article 10 Internet information service providers specializing in or operating intermediary services of talent information networks must apply for permission. Eleventh foreign companies, enterprises and other economic organizations engaged in talent intermediary services in China must establish joint ventures with talent intermediary service agencies in China. The establishment of a Chinese-foreign joint venture talent agency shall conform to the provisions of the laws and regulations of the state on Chinese-foreign joint ventures, and shall be approved by the personnel administrative department of the provincial government where the agency is to be established, approved by the Ministry of Personnel, issued a license, and go through other formalities in accordance with relevant regulations.

Investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province shall set up joint venture talent agencies in Chinese mainland with reference to the provisions of the preceding paragraph. Article 12 A talent intermediary service institution that has obtained a license upon approval shall go through the registration formalities with the establishment management department of a public institution and the administrative department for industry and commerce of the enterprise in accordance with regulations.

Among them, those registered in the administrative department for industry and commerce shall obtain the pre-approval of the administrative department for industry and commerce before applying for a license. Thirteenth talent intermediary service institutions can engage in the following businesses:

(a) talent supply and demand information collection, collation, storage, publishing and consulting services;

(2) Talent information network service;

(3) talent recommendation;

(4) talent recruitment;

(5) personnel training;

(6) talent evaluation;

(seven) other related businesses as prescribed by laws and regulations.

The examination and approval authority may, according to the economic and social development needs of the region or industry where the talent intermediary service institution is located, as well as the equipment conditions, personnel and management of the talent intermediary service institution itself, approve it to carry out one or more businesses. Fourteenth talent intermediary service institutions shall carry out business activities according to law, and shall not operate beyond the business scope approved by the license; Shall not engage in intermediary activities by means of unfair competition; Do not provide false information or make false promises.