Laws of the People's Republic of China

Ministry of Personnel, Ministry of Commerce, State Administration for Industry and Commerce

Order of the Ministry of Personnel, Ministry of Commerce, and State Administration for Industry and Commerce

No.5

The Decision of the Ministry of Personnel, Ministry of Commerce, and the State Administration for Industry and Commerce on Amending the Interim Provisions on the Administration of Sino-foreign Joint Equity Talent Intermediary Organizations, which was adopted through discussion at the executive meeting of the Ministry of Personnel, the executive meeting of the Ministry of Commerce, and the executive meeting of the State Administration for Industry and Commerce, is hereby promulgated, and shall come into force 30 days as of the day of its promulgation.

Minister of the Ministry of Personnel, Zhang Bailin

Minister of the Ministry of Commerce Bo Xilai

Director General of the State Administration for Industry and Commerce, Wang Zhongfu

May 24, 2005

Decision of the Ministry of Personnel, Ministry of Commerce, and the State Administration for Industry and Commerce on Amending the Interim Provisions on the Administration of Sino-foreign Joint Equity Talent Intermediary Organizations

In accordance with the Administrative License Law of the People's Republic of China, we make the following amendments to the Interim Provisions on the Administration of Sino-foreign Joint Equity Talent Intermediary Organizations (Order No.2 of the Ministry of Personnel, Ministry of Commerce, State Administration for Industry and Commerce), which were promulgated on September 4, 2003:

1.

A paragraph shall be inserted into Article 7 as paragraph 2: "In particular, as for a Sino-foreign joint equity talent intermediary organization, which is established by a talent intermediary organization established upon the license of the administrative department of personnel of the State Council jointly with a foreign party, the written approval of the administrative department of personnel of the State Council shall be obtained for the establishment."

2.

Paragraph 1 of Article 8 shall be revised as: "An application for the establishment of a Sino-foreign joint equity talent intermediary organization may be filed with the administrative department of personnel of the people's government at a province, autonomous region, or municipality directly under the Central Government through letter, telegraph, telex, facsimile, electronic data interchange, email, and other ways. The application documents shall contain the following contents".

3.

Article 9 shall be revised as: "The administrative department of personnel of the people's government of the province, autonomous region, or municipality directly under the Central Government shall complete the examination within 20 days as of the day of receipt of the application report for the establishment of a Sino-foreign joint equity talent intermediary organization, In case it cannot make a decision within 20 days, the time limit may be extended for another10 days upon the approval of the principal of the administrative department itself, and the applicant shall be notified of the reasons for such an extension.

If it grants the approval, it shall issue the License for Talent Intermediary Service (hereinafter referred to as the License) to the applicant within 10 days as of the day of making the decision, and shall file it with the administrative department of personnel of the State Council for the record; if no approval is granted, the applicant shall be notified in writing of the reasons therefore.

The department of examination and approval shall publicize on the governmental website the procedures and time limit for examination and approval, the directory of all the materials need to be submitted, the directory of the Sino-foreign joint equity talent intermediary organizations established upon approval, and other information."

4.

Paragraph 2 of Article 15 shall be revised as: "The administrative department of personnel of the people's government of a province, autonomous region, or municipality directly under the Central Government shall, according to law, conduct inspection or spot-check on any Sino-foreign joint equity talent intermediary organization established upon its approval, and may consult or require it to submit the relevant documents. The Sino-foreign joint equity talent intermediary organization shall accept the inspection and spot-check and faithfully provide the relevant information and materials. The administrative department of personnel of the people's government of a province, autonomous region, or municipality directly under the Central Government shall report the inspection or spot-check result to the administrative department of personnel of the State Council, and publicize the result."

5.

Article 16 shall be revised as: "Where a Sino-foreign joint equity talent intermediary organization does not lawfully accept inspection or spot-check, fails to go through formalities for alteration of license as required, or provides false information or takes other means to cheat the employers and job hunters, the administrative department of personnel of the people's government of the province, autonomous region, or municipality directly under the Central Government at its locality shall give it a warning, and impose upon it a fine of less than RMB 10,000 Yuan; if the circumstance are serious, and there is illegal gains, it shall impose upon it a fine of not more than three times of the illegal gains, which may not exceed RMB 30,000 Yuan at the maximum."

6.

Article 19 shall be revised as: "The present Provisions shall be followed for the joint equity talent intermediary organizations established by investors of Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region.

For a joint equity talent intermediary organization established in the Mainland by a service provider from Hong Kong or Macao, the minimum registered capital shall be 125,000 US dollars, and the proportion of equity owned by it may not exceed 70%; the Mainland party to the joint equity shall be a talent intermediary organization that has established for more than one year.

The service providers from Hong Kong or Macao in the present Provisions shall conform to the definition of and the relevant provisions on the "Service Providers" in the Mainland/Hong Kong Closer Economic Partnership Arrangement and the Mainland/Macao Closer Economic Partnership Arrangement respectively."

The present Decision shall come into force 30 days as of the day of its promulgation.

The Interim Provisions on the Administration of Sino-foreign Joint Equity Talent Intermediary Organizations shall be amended accordingly in light of the present Decision, and shall be promulgated once again.