Laws of the People's Republic of China

Circular of the Ministry of Commerce concerning Printing and Distributing the "Supplementary Circular on Related Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties"

Shang He Fa [2003] No. 44 April 9, 2003

The commissions (departments, bureaus) of foreign trade and economic cooperation of all provinces, autonomous regions and municipalities directly under the Central Government and cities specifically designated in the state plan, all related enterprises under the management of the Central Government:

For the purpose of further regulating and simplifying the procedures for labor workers to go abroad, and strengthening the administration of labor service cooperation with foreign parties, the Ministry of Public Security has printed and distributed the "Supplementary Circular on Related Issues concerning Carrying out the Measures for Going through the Formalities for Labor Workers to Go Abroad" (Gong Jing Chu [2003] No. 352), forwarded by the Ministry of Commerce on April 4, 2003, hereinafter referred to as "Supplementary Circular of the Ministry of Public Security").For the purpose of doing a good job in cooperation, and perfecting the measures for examining projects of labor service cooperation with foreign parties, the Ministry of Commerce hereby print and distribute the "Supplementary Circular on Related Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties" (see appendix). The Supplementary Circular shall be conformed to and carried out, and be forwarded to related departments.

Whereas the Supplementary Circular of the Ministry of Public Security goes into effect on May 1, 2003, for the purpose of doing a good job in the cooperation, you must report the specimen of exit certificate numbers, the molds of seals, as well as the scripts of signatures, telephone and fax numbers of the issuers of exit certificates (2 persons, who shall be department leaders) to the present Ministry (Department of Cooperation) by April 15.

Appendix: Supplementary Circular on Related Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties

We hereby distribute the present Supplementary Circular as follows for the purpose of perfecting the measures for examining projects of labor service cooperation with foreign parties, clarifying the methods and procedures concerning issuing exit certificates to labor workers, and further doing a good job in going through the formalities for labor workers to go abroad:

1.

Examination of Projects of Labor Service Cooperation with Foreign Parties

When handing in labor service project examination materials to the local administrative department of foreign trade and economic cooperation of the province, autonomous region, municipality directly under the Central Government, or municipality under separate state planning (hereinafter referred to as the administrative department of foreign trade and economic cooperation at the provincial level, see Appendix for the name list), an enterprise with the operational qualification for labor service cooperation with foreign parties (hereinafter referred to as operation company) shall hand in the opinions of the commerce institution of the Chinese embassy (consulate) stationed abroad besides the materials prescribed in the "Circular concerning Printing and Distributing the Provisions on Related Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties" (Wai Jing Mao He Fa [2002] No. 137). Any administrative department of foreign trade and economic cooperation at the provincial level shall not separately solicit opinions from the commerce institution of the Chinese embassy (consulate) stationed abroad except for special situations.

For an enterprise authorized by the Ministry of Foreign Affairs (Department of Consular Affairs) to handle visa shall solicit opinions from the commerce institution of the Chinese embassy (consulate) stationed in the country (region) where the project is located before making an examination on a labor service project by itself,.

2.

Exit Certificates of Labor Workers

(1)

For any labor worker who must hold a "Labor Worker's Exit Certificate" for exit assigned by an operation company, the said certificate shall be issued by the administrative department of foreign trade and economic cooperation at the provincial level at the operation company's locality. Before issuing the labor worker's exit certificate, the administrative department of foreign trade and economic cooperation at the provincial level shall check the project information reported by the operation company, and control the issuance in a strict manner. If an exit certificate needs to be issued to a labor worker assigned by an enterprise authorized by the Ministry of Foreign Affairs (Department of Consular Affairs) to handle the visa by itself, it shall be issued after the administrative department of foreign trade and economic cooperation at the provincial level at the locality of its registration has examined the project.

(2)

The exit certificates shall be printed and made by each administrative department of foreign trade and economic cooperation at the provincial level, be filled out by a designated handler with a pen of blue or black ink, as well as be numbered in a uniform sequence (e.g., Jing Wai Jing Mao Chu Jing Zi [2003] No. ___). An exit certificate shall be in duplicate, with one to be handed over to the operation company for going through exit formalities for the labor worker, and the other to be kept for the administrative department of foreign trade and economic cooperation at the provincial level in archives.

(3)

The administrative department of foreign trade and economic cooperation at the provincial level shall issue a statistical form of exit certificate (see Appendix 2) every half a year, report the form to the Ministry of Commerce (Department of Cooperation) and make a copy to the Entry and Exit Administration of the Ministry of Public Security and China International Contractors Association by June 15 of each year and by January 15 of the next year, as well as report the overall information on issuing exit certificates of the last half of the year to the Ministry of Commerce (Department of Cooperation) by January 15 of each year.

3.

The present Supplementary Circular shall prevail if any content in the "Circular on Printing and Distributing the Provisions on Related Issues concerning Examining Projects of Labor Service Cooperation with Foreign Parties" fails to be consistent with the present Supplementary Circular.

4.

The present Supplementary Circular shall go into effect as of May 1, 2003.

Appendix 1 Name List of the Administrative Department of Foreign Trade and Economic Cooperation at the Provincial Level which have the Power to Issue Exit Certificates to Labor Workers

Commission of Foreign Trade and Economic Cooperation of Beijing Municipality

Commission of Foreign Trade and Economic Cooperation of Tianjin Municipality

Department of Foreign Trade and Economic Cooperation of Hebei Province

Department of Foreign Trade and Economic Cooperation of Shanxi Province

Department of Foreign Trade and Economic Cooperation of Inner Mongolia Autonomous Region

Department of Foreign Trade and Economic Cooperation of Liaoning Province

Bureau of Foreign Trade and Economic Cooperation of Dalian Municipality

Department of Foreign Trade and Economic Cooperation of Jilin Province

Department of Foreign Trade and Economic Cooperation of Heilongjiang Province

Commission of Foreign Trade and Economic Cooperation of Shanghai Municipality

Department of Foreign Trade and Economic Cooperation of Jiangsu Province

Department of Foreign Trade and Economic Cooperation of Zhejiang Province

Bureau of Foreign Trade and Economic Cooperation of Ningbo Municipality

Department of Foreign Trade and Economic Cooperation of Anhui Province

Department of Foreign Trade and Economic Cooperation of Fujian Province

Bureau of Trade Development of Xiamen Municipality

Department of Foreign Trade and Economic Cooperation of Jiangxi Province

Department of Foreign Trade and Economic Cooperation of Shandong Province

Bureau of Foreign Trade and Economic Cooperation of Qingdao Municipality

Department of Foreign Trade and Economic Cooperation of Henan Province

Department of Foreign Trade and Economic Cooperation of Hubei Province

Department of Foreign Trade and Economic Cooperation of Hunan Province

Department of Foreign Trade and Economic Cooperation of Guangdong Province

Bureau of Foreign Trade and Economic Cooperation of Shenzhen Municipality

Department of Foreign Trade and Economic Cooperation of Guangxi Zhuang Autonomous Region

Department of Foreign Trade and Economic Cooperation of Hainan Province

Commission of Foreign Trade and Economic Cooperation of Chongqing Municipality

Department of Foreign Trade and Economic Cooperation of Sichuan Province

Department of Trade Cooperation of Guizhou Province

Department of Foreign Trade and Economic Cooperation of Yunnan Province

Department of Foreign Trade and Economic Cooperation of Tibet Autonomous Region

Department of Foreign Trade and Economic Cooperation of Shaanxi Province

Department of Trade and Economic Cooperation of Gansu Province

Department of Foreign Trade and Economic Cooperation of Qinghai Province

Department of Foreign Trade and Economic Cooperation of Ningxia Hui Autonomous Region

Department of Foreign Trade and Economic Cooperation of Xinjiang Uigur Autonomous Region

Bureau of Foreign Trade and Economic Cooperation of Xinjiang Production and Construction Corps