基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中外合资中外合作职业介绍机构设立管理暂行规定 Interim Provisions on the Administration of Chinese-foreign Joint Venture and Chinese-foreign Cooperative Job Intermediary Institutions

2006-05-13 15:47   我要纠错 | 打印 | 收藏 | | |

劳动和社会保障部、国家工商行政管理总局令第14号
颁布日期:20011009  实施日期:20011201  颁布单位:劳动和社会保障部、 国家工商行政管理总局

  Decree [2001] No.14 of the Ministry of Labor and Social Security and the State Administration for Industry and Commerce

  The Interim Provisions on the Administration of the Establishment of Chinese-foreign Joint Venture and Chinese-foreign Cooperative Job Intermediary Institutions have been adopted at the 7th executive meeting of the Ministry of Labor and Social Security (MLSS) on May 8, 2001 and, upon the consent of the Ministry of Foreign Trade and Economic Relations (MOFTEC), are hereby promulgated for implementation as of December 1, 2001.

  Minister of the Ministry of Labor and Social Security: Zhang Zuoji

  Director of the State Administration for Industry and Commerce (SAIC): Wang Zhongfu

  October 9, 2001

  Interim Provisions on the Administration of Chinese-foreign Joint Venture and Chinese-foreign Cooperative Job Intermediary Institutions

  Article 1 These Provisions have been formulated in accordance with the Labor Law, the Law on Chinese-foreign Equity Joint Enterprises and the Law on Chinese-foreign Cooperative Enterprises for the purpose of standardizing the establishment of Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institutions and protecting the lawful rights and interests of the job seekers and the employing entities.

  Article 2 These Provisions shall be observed in the establishment of Chinese-foreign joint venture and Chinese-foreign cooperative institutions for the purpose of job intermediary activities.

  Article 3 The administrative departments of labor and social security, the administrative departments of foreign trade and economic cooperation and the administrations for industry and commerce shall, within their respective functions and duties, be responsible for the approval, registration, administration, supervision and inspection of Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institutions.

  In order to set up a Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institution, the approval of the administrative department of labor and social security of the people's government on the provincial level (hereinafter referred to as labor and social security department) and the administrative department of foreign trade and economic cooperation shall be obtained and registration shall be gone through at the local administration for industry and commerce of the place where the enterprises is to be situated that is authorized by the SAIC. No solely foreign-capital job intermediary institution may be established.

  The representative offices of foreign enterprises in China and the foreign chambers of commerce established in China may not engage in any job intermediary activities.

  Article 4 The Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institutions shall carry out their business activities on the basis of law, and their lawful business activities shall be subject to the protection of Chinese law.

  Article 5 A Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution may be engaged in any and all of the following businesses:

  1. providing intermediary services to the job seekers and employing entities both at home and abroad;

  2. providing services in employment guidance and consultation;

  3. collecting and distributing information about the labor markets;

  4. holding job fairs after obtaining the consent of the department of labor and social security on the provincial level or the department of labor and social security on the prefecture level authorized thereby;

  5. engaging in other services as ratified by the department of labor and social security on the provincial level or the department of labor and social security on the prefecture level authorized thereby;

  Relevant provisions of the state shall be applicable to the intermediary services provided by the Chinese-foreign joint venture and Chinese-foreign job intermediary institutions to the Chinese citizens in helping them to seek employment overseas and to the representative offices of foreign enterprises within China in their seeking of Chinese employees.

  Article 6 The following conditions shall be satisfied in the application for establishing a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution, and formalities shall be completed in accordance with the procedures as provided in articles 7 and 10 of these Provisions:

  1. The foreign investor that applies for establishing a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution shall be a legal person that is engaged in the job intermediary business and shall have experience in job intermediary services in the country where it is registered and shall have good credit standing;

  2. The Chinese investor that applies for establishing a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution shall be a legal person that is eligible for engagement in the job intermediary business and shall have good credit standing;

  3. The Chinese-foreign joint venture or Chinese-foreign cooperative institution to be established shall have a registered capital of not less than 300,000 USD, 3 or more full-time employees that have the credentials for engaging in the job intermediary services, a definite scope of business, articles of incorporation, rules for management, and fixed offices and facilities necessary for carrying out business. The key business operators shall have experience in providing job intermediary services.

  Article 7 To establish a Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution, an application shall be filed to the department of foreign trade and economic cooperation on the provincial level of the place where the institution is to be established, and relevant documents of the Chinese-foreign joint venture or Chinese-foreign cooperative institution to be established shall be submitted at the same time.

  After having received the application, the department of foreign trade and economic cooperation on the provincial level shall transfer the documents as mentioned below to the department of labor and social security on the same level:

  1. registration certificates of both the Chinese and foreign parties (in photocopy);

  2. career certificates (in photocopy) and resumes of the major business operators;

  3. resumes and employment credentials of the future full-time employees;

  4. certificates for the use of domicile;

  5. certificates of business scope to be engaged in;

  6. other documents as provided in laws or regulations.

  Article 8 The department of labor and social security on the provincial level shall, after receiving the documents that have been transferred thereto as pursuant to Article 7 of these Provisions, give a reply within 15 days. If the applicant has satisfied the conditions, a certification document shall be issued for approving the establishment of the Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution; where the applicant has not satisfied the conditions, reasons shall be given and the documents as mentioned above shall be returned to the department of foreign trade and economic cooperation on the provincial level.

  Article 9 The department of foreign trade and economic cooperation shall, within 30 days after receiving the certification document of the department of labor and social security on the same level approving the establishment of the Chinese-foreign joint venture or Chinese-foreign cooperative institution, decide whether to approve or disapprove. If approval is to be granted, an approval certificate shall be issued to the Chinese-foreign joint venture or Chinese-foreign cooperative institution; if approval is not to be granted, it shall notify the applicant.

  Article 10 Any applicant that have obtained approval shall, within 30 days after receiving the certificate of approving the Chinese-foreign joint venture or Chinese-foreign cooperative enterprise, apply for registration at the local administration for industry and commerce of the place where the enterprise is to be situated that has been authorized by the SAIC, and shall, within 10 days after completing the registration, go through the procedures of filing archives at the department of labor and social security on the provincial level or the department of labor and social security on the prefecture level authorized thereby.

  Article 11 If there is any change in the investors, proportion of shares of the Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institution or any branch is to be established, the approving procedures as provided in these Provisions shall be followed so as to obtain the approval of the original approving authority, relevant alteration procedures shall be completed at the administration for industry and commerce, and the procedures for filing archives shall be completed at the department of labor and social security.

  Article 12 The Provisions for the Administration of Labor Markets and other relevant provisions for the administration of enterprises with foreign investment shall be applicable to the administration of Chinese-foreign joint venture and Chinese-foreign cooperative job intermediary institutions.

  Article 13 These Provisions shall be applicable by reference to the Chinese-foreign joint venture or Chinese-foreign cooperative job intermediary institutions established by investors from the Hang Kong Special Administrative Region, Macao Special Administrative Region or investors from Taiwan within the Mainland of China.

  Article 14 These Provisions shall enter into force as of December 1, 2001.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371