Laws of the People's Republic of China

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

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

No.14

The Supplementary Provisions on the Measures for the Administration of Operation Qualification of Foreign labor service Cooperation, which were adopted upon deliberation at the 11th ministerial meeting of the Ministry of Commerce on July 4th, 2005, and approved by the State Administration for Industry and Commerce, are hereby promulgated and shall come into force 30 days after the day of its promulgation.

Minister of the Ministry of Commerce, Bo Xilai

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

August 15, 2005

Supplementary Provisions on the Measures for the Administration of Operation Qualification of Foreign Labor Service Cooperation

With a view to meeting the need of enterprise restructuring and promoting the development of foreign labor service cooperation in western regions, we hereby make the following supplementary provisions on the Measures for the Administration of Operation Qualification of Foreign Labor Service Cooperation (Order No.3 of the Ministry of Commerce and the State Administration for Industry and Commerce, hereinafter referred to as the Measures for Administration):

I.

The following enterprises, which conform to the provisions of items (1) to (7) of Article 5 of the Measures for Administration (excluding the requirements for the registration time), may continue undertaking foreign labor service within the respective former business scope of the enterprises, but shall apply for changing the Certificate of the People's Republic of China for Operation Qualification of Foreign Labor Service Cooperation:

1.

The enterprise that survives the merger of an enterprise that has the operation qualification of foreign labor service cooperation (hereinafter referred to as the operation qualification) with any other enterprise that has been written off, or the newly established enterprise after such merger; or

2.

The enterprise that is newly established after the division of an enterprise that has the operation qualification, in which the former enterprise has been written off or have given up its operation qualification with its foreign labor service cooperation business wholly incorporated into the newly established enterprise.

Where an enterprise that has the operation qualification is divided, apart from the circumstances as prescribed in the preceding paragraph, the enterprise newly established after the division that conforms to the provisions of Article 5 (excluding the requirements for the registration time) of the Measures for Administration may apply for operation qualification according to law.

II.

In western provinces or autonomous regions where less than 300 laborers are sent abroad in a year, apart from the enterprises that have had the operation qualification prior to the promulgation of the present Provisions, one enterprise may be specially permitted to apply for the operation qualification, and the enterprise is not be restricted by the requirements for outstanding achievement as prescribed in item (8) of Article 5 of the Measures for Administration.

III.

The present Provisions shall come into force 30 days after the day of its promulgation.