Chapter 1 General Provisions

Article 1 These Regulations are formulated to standardize the foreign labor service cooperation, ensure the legitimate interests of labor service personnel and promote the healthy development of foreign labor service cooperation.

Article 2 “Foreign Labor Service Cooperation” referred in these Regulations means such business activities as arranging for labor service personnel to go to other countries or regions and work for foreign enterprises or organizations (hereinafter referred to as “Foreign Employer”).

The foreign enterprises, organizations or individuals shall not recruit labor service personnel within China to work abroad.

Article 3 The state encourages and supports the undertaking of foreign labor service cooperation according to law, improves the foreign labor service cooperation level and maintains the legitimate interests of service personnel.

Relevant department of the State Council will formulate and perfect policies and measures for promotion of the development of foreign labor service cooperation, as well as establish and perfect foreign labor service cooperation service system and risk prevention and disposal mechanism.

Article 4 The department of the State Council in charge of commerce will be responsible for supervision and management of national foreign labor service cooperation. Relevant departments of the State Council such as Foreign Affairs, Public Security, Human Resources and Social Security, Traffic and Transportation, Housing and Urban-Rural Construction, Fisheries and Industrial and Commercial Administration shall be responsible for relevant work of supervision and management of foreign labor service cooperation within the scope of their respective duties.

The local people’s government above the county level shall lead, organize and coordinate the supervision and management of foreign labor service cooperation within its own administrative area on a unified basis. The department of the local people’s government above the county level in charge of commerce shall be responsible for supervision and management of foreign labor service cooperation within its own administrative area. Other relevant departments shall be responsible for relevant work of supervision and management of foreign labor service cooperation within the scope of their respective duties.

Chapter 2 Enterprises and Labor Service Personnel Engaging in Foreign Labor Service Cooperation

Article 5 The engagement of foreign labor service cooperation is subject to approval of competent commerce department of the people’s government at province or city (with districts) level and acquisition of business qualification for foreign labor service cooperation in accordance with provisions of the people’s government of the province, autonomous region or municipality.

Article 6 The enterprise applying for business qualification of foreign labor service cooperation shall satisfy the following conditions:

(1)Meeting the conditions of an enterprise legal person;
(2)The paid-in registered capital shall not be lower than RMB 6,000,000;
(3)There are more than 3 management staff familiar with the business of foreign labor service cooperation;
(4)There are sound internal management system and emergency response system;
(5)The legal representative has no record of intentional crime.

Article 7 The enterprise applying for business qualification of foreign labor service cooperation shall submit materials certifying it satisfies the conditions provided in Article 6 hereof to the competent commerce department of the people’s government at the level of province or city (with districts) of the place where such enterprise is located (hereinafter referred to as the “Approval Competent Commerce Department”). The Approval Competent Commerce Department shall review such materials and make the decision of approval or disapproval within 20 working days from receipt of such materials. In case of approval, issue the business qualification certificate for foreign labor service cooperation; in case of disapproval, notify the applicant in writing and explain the reason.

The applicant shall hold the business qualification certificate for foreign labor service cooperation to make registration with the industrial and commercial administration according to law.

The Approval Competent Commerce Department shall report the list of enterprises which have obtained the business qualification certificate for foreign labor service cooperation and have made registration according to law (hereinafter referred to as “Foreign Labor Service Cooperation Enterprise”) to the competent commerce department of the State Council, which shall timely notify Chinese embassies and consulates around the world.

Enterprises which have not obtained the business qualification certificate for foreign labor service cooperation and made registration according to law shall not engage in foreign labor service cooperation.

Article 8 The Foreign Labor Service Cooperation Enterprise shall not allow any other units or individuals to organize service personnel to work abroad in the name of such enterprise.

Neither unit nor individual shall organize service personnel to work abroad in the name of commerce, tourism or study abroad.

Article 9 The Foreign Labor Service Cooperation Enterprise shall open a special account with the bank designated by the Approval Competent Commerce Department within 5 working days from registration of industrial and commercial administration, and deposit the risk disposal reserve fund (hereinafter referred to as “Reserve Fund”) for foreign labor service cooperation which is no less than RMB 3,000,000. The Reserve Fund may also be deposited by submitting a bank guarantee of the same amount to the Approval Competent Commerce Department.

The Approval Competent Commerce Department shall publish the list of Foreign Labor Service Cooperation Enterprises which have deposited the Reserve Fund to the society.

Article 10 The Reserve Fund is used to pay the following expenses which the Foreign Labor Service Cooperation Enterprise refuses or is unable to undertake:

(1) Service fees which have been collected by the Foreign Labor Service Cooperation Enterprise in violation of national provisions and which shall be returned to the service personnel;
(2) Labor compensation which shall be paid by the Foreign Labor Service Cooperation Enterprise to service personnel according to law or mutual agreement;
(3) Expenses required for compensating the service personnel for losses according to law;
(4) Expenses required due to occurrence of emergency, repatriation of service personnel or acceptance of first aid service.

After the use of the Reserve Fund, the Foreign Labor Service Cooperation Enterprise shall complement such Reserve Fund to the original amount within 20 working days from the date of use.

Specific methods for deposit, use, supervision and management of Reserve Fund will be formulated by the competent commerce department of the State Council together with the financial department thereof.

Article 11 The Foreign Labor Service Cooperation Enterprise shall not organize service personnel to engage in work in relation to gambling or pornography activities abroad.

Article 12 The Foreign Labor Service Cooperation Enterprise shall arrange service personnel to receive trainings on professional skill, safety precaution knowledge and foreign language necessary for working abroad as well as relevant laws, religion and social customs of the country or district where the employing project is located. The Foreign Labor Service Cooperation Enterprise which has not arranged service personnel to receive trainings shall not organize service personnel to work abroad.

The service personnel shall receive training, master relevant skills and knowledge necessary for working abroad, and improve their abilities to adapt to requirement of foreign working posts and abilities of safety precautions.

Article 13 The Foreign Labor Service Cooperation Enterprise shall maintain personal accident insurance for service personnel during the period of the work abroad, except as agreed by the Foreign Labor Service Cooperation Enterprise and the Foreign Employer to be maintained by the Foreign Employer for service personnel.

Article 14 The Foreign Labor Service Cooperation Enterprise shall go through exit formalities for service personnel and assist service personnel to go through formalities such as residence and work permit abroad.

After organizing service personnel to leave the country, the Foreign Labor Service Cooperation Enterprise shall timely report relevant situations to Chinese embassy and consulate in the country where the employing project is located.

Article 15 The Foreign Labor Service Cooperation Enterprise and service personnel shall abide by laws of the country or district where the employing project is located and respect local religion, customs and cultural traditions.

The Foreign Labor Service Cooperation Enterprise and service personnel shall not engage in activities impairing national safety and national benefits.

Article 16 The Foreign Labor Service Cooperation Enterprise shall keep track of the working and living conditions of service personnel abroad, assist service personnel to solve their difficulties and problems in work and life, and timely reflect the reasonable requirements of service personnel to Foreign Employer.

If the quantity of service personnel dispatched by the Foreign Labor Service Cooperation Enterprise to a same country or district is exceeding 100, the management staff shall be arranged to accompany such service personnel, and the list of accompanying management staff shall be filed with Chinese embassy and consulate in the country where the employing project is located.

Article 17 The Foreign Labor Service Cooperation Enterprise shall work out an emergency response plan. In case of occurrence of emergency abroad, the Foreign Labor Service Cooperation Enterprise shall handle it timely and properly, and shall also immediately report to Chinese embassy and consulate in the country where the employing project is located and relevant domestic departments.

Article 18 If emergencies such as war, riot and material natural disaster occur in the country or district where the employing project is located and China Government has made corresponding hedge arrangements, the Foreign Labor Service Cooperation Enterprise and service personnel shall submit to such arrangements and make cooperation.

Article 19 If the Foreign Labor Service Cooperation Enterprise stops conducting foreign labor service cooperation, it shall make proper arrangement for service personnel dispatched by it and still working abroad, and submit such arrangement plan to the Approval Competent Commerce Department for filing. The Approval Competent Commerce Department shall submit such arrangement plan to competent commerce department of the State Council, which shall timely notify the Chinese embassy and consulate in the country where the employing project is located.

Article 20 The service personnel have the right to complain to the competent commerce department and other relevant departments the breach of contract by the Foreign Labor Service Cooperation Enterprise and its other acts infringing the legitimate interests of service personnel. The department accepting such complaint shall make timely settlement according to law based on its responsibilities and feed back the settlement to the complainant.

Chapter 3 Contracts in connection with Foreign Labor Service Cooperation

Article 21 The Foreign Labor Service Cooperation Enterprise shall conclude labor service cooperation contract with the Foreign Employer in writing. The Foreign Labor Service Cooperation Enterprise not concluding labor service cooperation contract with the Foreign Employer in writing shall not organize service personnel to work abroad.

The labor service cooperation contract shall specify the following matters relating to interests protection of service personnel:

(1) Working contents, working place, working hours and rest and leaves of service personnel;
(2) Term of contract;
(3) Labor compensation of service personnel and payment terms thereof;
(4) Payment of social insurance charges of service personnel;
(5) Labor conditions, labor protection, occupational training and occupational hazard prevention of service personnel;
(6) Welfare and living conditions of service personnel;
(7) Handling of formalities such as residence and work permit abroad of service personnel;
(8) Purchase of personal accident insurance of service personnel;
(9) Economic compensations to service personnel in case of termination of contract with service personnel for reasons attributable to Foreign Employer;
(10) Assistance and rescue to service personnel in case of emergencies;
(11) Liability for breach.

Article 22 In order to conclude labor service cooperation contract with the Foreign Employer, the Foreign Labor Service Cooperation Enterprise shall understand the conditions of the Foreign Employer and the employing project and relevant laws of the country or district where the employing project is located in advance.

If the laws of the country or district where the employing project is located stipulate that the use of Foreign Service personnel by an enterprise or organization is subject to approval, the Foreign Labor Service Cooperation Enterprise shall only conclude labor service cooperation contract with approved enterprises or organizations.

The Foreign Labor Service Cooperation Enterprise shall not conclude labor service cooperation contract with any foreign individuals.

Article 23 The Foreign Labor Service Cooperation Enterprise shall conclude service contract with service personnel in writing except under such circumstances as provided in Paragraph 2 of this Article 23. The Foreign Labor Service Cooperation Enterprise not concluding service contract with service personnel in writing shall not organize service personnel to work abroad. The service contract shall specify matters in labor service cooperation contract relating to interests protection of service personnel, as well as service project, service fees and payment terms and the liability for beach.

If the Foreign Labor Service Cooperation Enterprise organizes service personnel with whom it has established labor relationship to work abroad, the labor contract concluded with such service personnel shall specify matters in labor service cooperation contract relating to interests protection of service personnel. The Foreign Labor Service Cooperation Enterprise not concluding labor contract with service personnel shall not organize service personnel to work abroad.

Article 24 When concluding service contract or labor contract with service personnel, the Foreign Labor Service Cooperation Enterprise shall faithfully notify service personnel of matters in labor service cooperation contract relating to interests protection of service personnel and other conditions the service personnel need to know, and shall also expressly remind service personnel of risks in working abroad including personal safety risk and shall not conceal relevant information or provide false information to service personnel.

The Foreign Labor Service Cooperation Enterprise is entitled to personal basic information of service personnel directly in relation to conclusion of service contract or labor contract; the service personnel shall make faithful explanation.

Article 25 The charging of service fees by the Foreign Labor Service Cooperation Enterprise from service personnel with whom it concludes service contract shall conform to relevant provisions formulated by competent pricing department of the State Council together with competent commerce department thereof.

The Foreign Labor Service Cooperation Enterprise shall not collect service fees from service personnel with whom it concludes labor contract.

The Foreign Labor Service Cooperation Enterprise shall not collect deposit under any items or require service personnel to provide property guarantee.

Article 26 The Foreign Labor Service Cooperation Enterprise shall, within 10 working days from the date of conclusion of service contracts or labor contracts with service personnel, submit copies of service contracts, labor contracts and labor service cooperation contracts as well as the list of service personnel to Approval Competent Commerce Department for filing. The Approval Competent Commerce Department shall submit relevant information of the employing project and Foreign Employer and the list of service personnel to competent commerce department of the State Council.

If the competent commerce department finds the service contracts or labor contracts or labor service cooperation contracts do not contain essential matters in accordance with provisions of these Regulations, it shall require the Foreign Labor Service Cooperation Enterprise to make rectification.

Article 27 The Foreign Labor Service Cooperation Enterprise shall assist service personnel to conclude contracts which can confirm labor relationship with the Foreign Employee and ensure terms of such contracts regarding interests protection of service personnel are consistent with those of the labor service cooperation contracts.

Article 28 The Foreign Labor Service Cooperation Enterprise and service personnel shall abide by the contracts and fully perform their respective obligations under the contracts.

Article 29 If the interests actually enjoyed by service personnel abroad don’t conform to the contracts, the Foreign Labor Service Cooperation Enterprise shall assist service personnel to maintain legitimate interests and require the Foreign Employer to perform its obligations and compensate for losses. The service personnel not obtaining due compensation shall have the right to require the Foreign Labor Service Cooperation Enterprise to be liable for compensation. If the Foreign Labor Service Cooperation Enterprise doesn’t assist service personnel to ask for compensation from the Foreign Employer, the service personnel may directly ask the Foreign Labor Service Cooperation Enterprise to make compensation.

If the interests actually enjoyed by service personnel abroad don’t conform to provisions of laws of the country or district where the employing project is located, the Foreign Labor Service Cooperation Enterprise shall assist service personnel to maintain legitimate interests and require the Foreign Employer to perform its legal obligations and compensate for losses.

If the interests actually enjoyed by service personnel abroad don’t conform to the contracts due to concealment of relevant information or provision of false information by the Foreign Labor Service Cooperation Enterprise, then the Foreign Labor Service Cooperation Enterprise shall be liable for compensation.

Chapter 4 Service and Management of Government

Article 30 The competent commerce department of the State Council together with relevant departments thereof establish systems for collection and circulation of foreign labor service cooperation information, providing information service to Foreign Labor Service Cooperation Enterprises and service personnel without compensation.

Article 31 The competent commerce department of the State Council together with relevant department thereof establish the risk monitoring and assessment mechanism for foreign labor service cooperation information, timely publish assessment results relating to safety conditions of relevant country or district, provide pre-warning information, and direct Foreign Labor Service Cooperation Enterprises to conduct safety risk prevention. If the safety conditions of relevant country or district cannot guarantee the personal safety of service personnel, the Foreign Labor Service Cooperation Enterprise shall not organize service personnel to work in such country or district.

Article 32 The competent commerce department of the State Council together with statistics department thereof establish the statistics system for foreign labor service cooperation, timely mastering, summarizing and analyzing the development situation of foreign labor service cooperation.

Article 33 The national finance will give necessary supports to training of service personnel.

The competent commerce department of the State Council together with human resources and social security department thereof shall enhance the direction and supervision to the training of service personnel.

Article 34 The people’s government above the county level shall, in accordance with the actual situation of its district in development of foreign labor service cooperation and pursuant to provisions of competent commerce department of the State Council together with relevant department thereof, organize the establishment of foreign labor service cooperation service platform (hereinafter referred to as “Service Platform”), providing relevant services to Foreign Labor Service Cooperation Enterprises and service personnel, and encouraging and guiding Foreign Labor Service Cooperation Enterprises to recruit service personnel through the Service Platform.

The competent commerce department of the State Council together with relevant department thereof shall enhance the direction and supervision to operation of Service Platform.

Article 35 Chinese embassies and consulates will provide necessary assistance to Foreign Labor Service Cooperation Enterprises for understanding of conditions of Foreign Employers and employing projects and laws of the countries or districts where the projects are located, maintain the legitimate interests of Foreign Labor Service Cooperation Enterprises and service personnel abroad based on their responsibilities, and timely notify the competent commerce department of the State Council and the people’s government of relevant province, autonomous region or municipality of violation of provisions of these Regulations.

The service personnel may reflect relevant appeal to Chinese embassies and consulates in a legal and orderly manner, and may not interfere with normal working order of such embassies and consulates.

Article 36 Relevant department of the State Council and relevant local people’s government above the county level shall establish and perfect the emergency pre-warning, prevention and emergency disposal mechanism for foreign labor service cooperation and work out the emergency response plan for foreign labor service cooperation.

The emergency disposal of foreign labor service cooperation shall be under the responsibility of the people’s government of the province, autonomous region or municipality where the unit or individual organizing service personnel to work abroad is located with the cooperation of the people’s government of the province, autonomous region or municipality of the domicile place of service personnel.

Chinese embassies and consulates shall assist the disposal of emergencies in foreign labor service cooperation.

Article 37 The competent commerce department of the State Council together with relevant department thereof establish the bad credit record and announcement system for foreign labor service cooperation, publishing the non-performance of contracts by or any other acts of Foreign Labor Service Cooperation Enterprises and Foreign Employers infringing legitimate interests of service personnel, and making decisions on punishment of Foreign Labor Service Cooperation Enterprises for illegal acts.

Article 38 For such acts as organizing service personnel to work abroad in violation of provisions of these Regulations and any other acts in violation of provisions hereof, any unit and individual shall have the right to report to relevant departments such as commerce department, public security department and industrial and commercial administration. The department receiving such report shall timely handle the same within the scope of its responsibilities.

The competent commerce department of the State Council together with relevant departments thereof such as public security department and industrial and commercial administration establish and perfect relevant management system, preventing and restraining the illegal organization of service personnel to work abroad.

Chapter 5 Legal Liability

Article 39 For any unit or individual engaging in foreign labor service cooperation without obtaining the business qualification therefore, the competent commerce department will request the industrial and commercial administration to investigate and punish as well as ban the same according to provisions of Methods for Investigation, Punishment and ban of Unlicensed Business. If constituting a crime, such unit or individual shall be subject to criminal liabilities.

Article 40 If the Foreign Labor Service Cooperation Enterprise commits any of the following acts, the competent commerce department will revoke its business qualification certificate for foreign labor service cooperation and seize illegal gains (if any):

(1) Organizing service personnel to work abroad in the name of commerce, tourism or study abroad;
(2) Allowing any other units or individuals to organize service personnel to work abroad in its own name;
(3) Organizing service personnel to engage in work in relation to gambling or pornography activities abroad.

Article 41 For the Foreign Labor Service Cooperation Enterprise which has not deposited or complemented the Reserve Fund according to provisions hereof, the competent commerce department will order it to make correction; if refusing to make correction, the business qualification certificate for foreign labor service cooperation of such enterprise will be revoked.

Article 42 If the Foreign Labor Service Cooperation Enterprise commits any of the following acts, the competent commerce department will order it to make correction; if refusing to make correction, a fine of above 50,000yuan and below 100,000yuan will be imposed on such enterprise, and a fine of above 10,000yuan and below 30,000yuan will be imposed on its principal person in charge:

(1) Organizing service personnel to work abroad without arranging such service personnel to receive training;
(2) Failing to purchase personal accident insurance for service personnel during the work abroad according to provisions hereof;
(3) Failing to arrange accompanying management staff according to provisions hereof.

Article 43 If the Foreign Labor Service Cooperation Enterprise has any of the following circumstances, the competent commerce department will order it to make correction and impose a fine of above 100,000yuan and below 200,000yuan on such enterprise, as well as impose a fine of above 20,000yuan and below 50,000yuan on its principal person in charge; if incurring material labor dispute, emergency or causing other serious consequences, the business qualification certificate for foreign labor service cooperation of such enterprise will be revoked:

(1) Organizing service personnel to work abroad without concluding a labor service cooperation contract with the Foreign Employer;
(2) Organizing service personnel to work abroad without concluding service contracts or labor contracts with service personnel according to provisions hereof;
(3) Concluding labor service cooperation contracts with unapproved Foreign Employer or foreign individuals in violation of provisions hereof and organizing service personnel to work abroad;
(4) Concealing relevant information or providing false information in conclusion of service contracts or labor contracts with service personnel;
(5) Not timely handling emergencies occurring abroad;
(6) When stopping the conducting of foreign labor service cooperation, fail to make arrangement for service personnel dispatched by it and still working abroad.

Under the circumstance of the preceding Paragraph (4), if constituting a crime, the Foreign Labor Service Cooperation Enterprise will be subject to criminal liabilities according to law.

Article 44 If the charging of service fees by the Foreign Labor Service Cooperation Enterprise from service personnel with whom it concludes the service contract doesn’t conform to relevant national provisions, or if the Foreign Labor Service Cooperation Enterprise collects deposit or requires service personnel to provide property guarantee, such enterprise will be subject to punishment by competent pricing department in accordance with provisions of laws and administrative regulations on price.

If the Foreign Labor Service Cooperation Enterprise charges fees from service personnel with whom it concludes the labor contract, such enterprise will be subject to punishment in accordance with provisions of Labor Contract Law of the People’s Republic of China.

Article 45 If the Foreign Labor Service Cooperation Enterprise has any of the following circumstances, the competent commerce department will order it to make correction; if refusing to make correction, a fine of above 10,000yuan and below 20,000yuan will be imposed on such enterprise, and a fine of above 2,000yuan and below 5,000yuan will be imposed on its principal person in charge:

(1) Failing to submit copies of service contracts, labor contracts and labor service cooperation contracts as well as the list of service personnel to competent commerce department for filing;
(2) After organizing service personnel to leave the country, fail to report relevant situations to Chinese embassy and consulate in the country where the employing project is located, or file the list of accompanying management staff with Approval Competent Commerce Department according to provisions hereof;
(3) Failing to work out emergency response plan;
(4) When stopping the conducting of foreign labor service cooperation, fail to submit the plan for arrangement of service personnel to competent commerce department for filing.

If the Foreign Labor Service Cooperation Enterprise refuses to submit copies of service contracts, labor contracts and labor service cooperation contracts to competent commerce department for filing, and such contracts don’t contain essential matters as provided in these Regulations, or refuses to complement and correct essential matters of contracts in accordance with requirement of competent commerce department after filing of such contracts, such enterprise will be subject to punishment in accordance with provisions of Article 43 hereof.

Article 46 If the competent commerce department and other relevant department find an illegal act is suspect of a crime in the process of investigation and punishment of violation of these Regulation, they shall timely transfer the case for treatment by the judicial department according to law.

Article 47 If the staff of competent commerce department and other relevant department commit any of the following acts in supervision and management of foreign labor service cooperation, such staff will be subject to punishment according to law; if the act may constitute a crime, such staff will be subject to criminal liabilities:

(1) Approving such an application for business qualification for foreign labor service cooperation as not in compliance with conditions as provided herein;
(2) Failing to revoke the original approval of the Foreign Labor Service Cooperation Enterprise which has not satisfied conditions as provided herein any longer;
(3) Failing to investigate and punish such act as organizing service personnel to work abroad in violation of provisions of these Regulations and any other acts in violation of provisions hereof;
(4) Other acts such as misuse of authority, dereliction of duty, favoritism and cheating and non-performance of supervision and management responsibilities according to law.

Chapter 6 Supplementary Provisions

Article 48 The chamber of commerce in relation to foreign labor service cooperation shall conduct activities in accordance with the constitution formulated according to law, provide service to its members, and play the role of self-discipline.

Article 49 The management of expatriates working abroad under overseas contracted engineering projects shall be according to Regulations on Management of Overseas Contracted Engineering Project and provisions of competent commerce department of the State Council and competent housing and urban-rural construction department thereof.

Measures for management of foreign labor service cooperation by means of assigning sailors (excluding fishery crew) to foreign countries will be separately formulated by competent traffic and transportation department of the State Council in accordance with Regulation of the People’s Republic of China on Seamen and relevant provisions of these Regulations.

Article 50 The organization of service personnel to work at Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan District shall refer to provisions of these Regulations.

Article 51 The organization of service personnel by Foreign Labor Service Cooperation Enterprises to work in certain countries or districts defined by competent commerce department of the State Council together with relevant department thereof such as foreign affairs department is subject to approval of competent commerce department of the State Council together with relevant department thereof.

Article 52 The enterprises which engage in foreign labor service cooperation according to relevant national provisions before the implementation of these Regulations and which don’t satisfy conditions as provided herein, shall satisfy such conditions as provided herein within the time limit given by competent commerce department of the State Council; otherwise, such enterprises shall not continue to engage in foreign labor service cooperation.

Article 53 These Regulations will come into force from August 1, 2012.

(Translated by 谢敏)

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