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| Category | FOREIGN ECONOMIC RELATIONS AND TECHNOLOGICAL COOPERATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-12-22 | Effective Date | 1996-12-22 |
|
Interim Provisions on Procedures for Contract Workers Going Abroad |
|---|
Article 1 These Provisions are formulated for the purpose of promoting
foreign contract engineering and labor cooperation abroad, simplifying the
procedures for examining and approving applications by contract workers to go
abroad and strengthening the control of contract workers sent abroad.
Article 2 "Contract workers sent abroad" refers to the contract workers
of various specialities sent abroad to engage in economic and technologic
activities and social services, in accordance with contracts signed by the
sending units with foreign government agencies, societies, enterprises or
private employers, concerning contract engineering, labor services and designs
and consulting service, etc..
Article 3 "Sending units" refers to enterprises which with the approval
of the Ministry of Foreign Trade and Economic Cooperation (hereinafter
referred to as the Moftec) are endowed with a franchise to undertake foreign
contract engineering, labor services and designs and consulting services
abroad.
Article 4 To send contract workers abroad, the sending unit must hold a
"Permit for Sending Abroad Contract Workers" issued by the Moftec and the
contract signed with a foreign party.
Article 5 Sending of contract workers to countries without diplomatic Article 6 For sending contract workers abroad, the sending unit which is Article 7 For sending contract workers abroad, local sending units which Central sending units which are not authorized to examine and approve the Article 8 For sending abroad seamen or fishermen, the item "Country and Article 9 The sending unit must examine the potential contract workers 1. Political status: The person to be sent abroad must love his socialist (1) the accused involved in a criminal case, and the criminal suspect (2) the person involved in an unconcluded civil case who, as notified by (3) convicted criminal who is serving a sentence; (4) the person now under re-education through labor; and (5) the person whose exit from the country will cause jeopardy to national 2. Occupational conditions: He is competent for fulfilling missions abroad 3. Physical conditions: He is above the age of 18, healthy as certified by Article 10 Among the contract workers, who leave the country with a Those who leave the country with a private common passport shall go Article 11 Generally, the sending unit shall select contract workers out Article 12 When the sending unit does transregional or transdepartmental Article 13 The sending unit may apply for a service passport or a private Article 14 The contract workers as listed below shall apply for a service (1) contract workers who are sent abroad to enforce agreements and (2) contract workers who are sent to the countries and regions which Article 15 With the exception of those listed in Article 14, all other Article 16 For service passports, the sending unit shall apply to the Article 17 For selected contract workers who have worked in a special Article 18 When applying for service passports on behalf of contract (1) permit of the sending unit for sending abroad contract workers; (2) a list of items for applying for service passports; (3) an application form for sending abroad contract workers; and (4) an examination form of contract workers to be sent abroad. The agency handling foreign affairs may, if necessary, examine the ID card Article 19 When applying for private common passports on behalf of (1) permit of the sending unit for sending abroad contract workers; (2) an application form for sending abroad contract workers (attached with (3) an examination form of contract workers to be sent abroad; and (4) ID cards or certificates of registered residence of the contract Article 20 The Moftec shall set up and perfect an adaptive training Article 21 After the contract workers complete their services and return Article 22 The sending unit shall apply for visas on behalf of the Article 23 The sending unit shall apply to foreign embassies and Article 24 When applying for visas on behalf of seamen and fishermen to Article 25 The sending unit shall hold an honest aim and do legal Article 26 Units and persons directly responsible for reporting false Article 27 These Provisions are applicable to researchers to be sent Article 28 These Provisions are not applicable to citizens who go through Article 29 Where administrative regulations and other legal documents Article 30 These Provisions shall come into force on the date of
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relation with China or to Taiwan, Hongkong or Macau shall be handled in
accordance with relevant provisions.
Chapter II Examination and Approval of Foreign Undertakings
authorized to examine and approve the foreign contract undertakings may
conduct the examination and approval themselves and issue the "Application
Form for Sending Abroad Contract Workers".
are not authorized to examine and approve the foreign contract undertakings
shall fill in the "Application Form for Sending Abroad Contract Workers" and
submit it, together with the contracts concerned, to the foreign economic
relations and trade commission (department/bureau) of the province, autonomous
region or municipality directly under the central government, or the city
enjoying the provincial-level status in the state economic plan, special
economic zone or coastal open city where the sending unit is located, for
approval.
foreign contract undertakings shall, when sending abroad contract workers,
fill in the "Application Form for Sending Abroad Contract Workers" and submit
it, together with the contracts concerned, to the managing department or
bureau of the competent department of foreign economic relations and trade at
the higher level, or of the commission or ministry of the State Council or the
organization directly under the State Council to which the sending unit is
attached and which is authorized to examine and approve the foreign contract
undertakings, for approval.
Region to Go" in the "Application Form for Sending Abroad Contract Workers"
shall be filled in as "all countries and regions in the world".
Chapter III Requirements and Examination and Approval Procedure for
Contract Workers Sent Abroad
with regard to their political status, occupational situation and the state of
health. The items to be examined are as follows:
motherland, appear healthy in politics and honest in behavior, observe
disciplines and meet the stipulations set in the Law of the People's Republic
of China on the Control of the Exit and Entry of Citizens. Persons falling
under the following categories may not be sent abroad as contract workers:
identified by public security organs or the people's procuratorate or people's
court;
the people's court, cannot leave the country;
security or heavy losses to national interests.
with professional skills as contracts require.
a hospital above the county level, and competent for the mission assigned to
him, working abroad.
service passport, those of cadre status above the county level and those with
high-level professional titles shall go through formalities of examination and
approval, applicable to cadres, while others shall go through a two-level
system of examination and approval, namely, the working unit to which the
worker belongs, or the community office, or the local government of the town
or township where the worker lives, shall take up the responsibility to
examine the potential contract worker to be sent abroad and fill in the
Examination Form for Contract Workers Sent Abroad (hereinafter abbreviated to
Examination Form), and the sending unit shall take the responsibility for
examination and approval.
through the procedure of examination and approval in accordance with the Law
of the People's Republic of China on the Control of Exit and Entry of Citizens
and the rules for its implementation.
Chapter IV Transregional and Transdepartmental Selection
of personnel in local regions and local departments. When special need arises,
it is allowed, with approval by superior departments, to do transregional and
transdepartmental selection.
selection of contract workers, the working unit to which the contract worker
belongs, the community office or the local people's government of the town or
township where he lives shall do the selection. Selection is illegal if done
through private relation or intermediary agencies.
Chapter V Application for and Administration of Passports
common passport on behalf of the contract worker sent abroad.
passport:
arrangements signed by the Government departments with foreign countries, and
those who are sent abroad as authorized members directly under the management
of an institution; and
require them to present service passports.
contract workers sent abroad shall apply for private common passports.
Ministry of Foreign Affairs and its authorized local agencies handling foreign
affairs located in the place where the contract worker has his personal
dossier or registered residence (hereinafter abbreviated to agencies handling
foreign affairs). For private common passports, the sending unit shall apply
to the public security organ in the place where the contract worker has
his registered residence (hereinafter abbreviated to the public security
organ).
economic zone for more than one year, but have no permanent registered
residence there, their passports may be applied for in the special economic
zone, but materials produced for political examination shall be issued by
his original working unit, or community office in the place where he has
registered residence, or local people's government of the town or township or
organizational department of the district or county.
workers, the sending unit shall present to the agency handling foreign affairs
the following documents:
and certificate of registered residence of the contract workers.
contract workers, the sending unit shall present to the public security organ
the following documents:
labor contracts signed with foreign parties);
workers.
system designed for contract workers before they go abroad. The
passport-issuing agency may, if necessary, check their training qualification
certificates before issuing passports to them.
home, the sending unit shall be responsible for collecting their service
passports, registering them and sending them back to the original
passport-issuing agency for safekeeping and disposal.
Chapter VI Application for Visas
contract workers with service passports in accordance with the relevant
provisions of the Ministry of Foreign Affairs.
consulates in China for visas on behalf of the contract workers with private
common passports.
go abroad, the sending unit shall apply to the country and region where they
go on board the ships as indicated by the employers.
Chapter VII Prohibitions and Penalties
business. When signing contracts with foreign parties and selecting contract
workers, it shall take strict steps to ensure quality. It is strictly
prohibited to do illicit migration in the name of sending contract workers
abroad. It is strictly prohibited to send young women in various names to work
abroad in bars, dancing halls, night clubs and other public places of
entertainment.
information to defraud their superior approval departments by violating these
Provisions shall be criticized in a circular or given a penalty, economically
or administratively, according to seriousness of the case by the higher level
department responsible for the sending unit and the supervisory department.
The Moftec shall suspend its franchise for sending contract workers abroad
within a time limit or even permanently according to the seriousness of the
case. Agencies handling foreign affairs shall suspend issuing service
passports to the contract workers to be sent abroad by the sending unit or all
persons to go aboard on official business. Those who violate laws and
regulations on the control of entry and exit shall be punished by public
security organs according to law. If a crime has been constituted, judicial
organs shall investigate the offender for criminal responsibility according to
law.
Chapter VIII Supplementary Provisions
aboard for labor service in nature.
formalities for seeking jobs abroad for themselves.
concerning labor service abroad promulgated previously contradict these
Provisions, these Provisions shall prevail.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/ipopfcwga674