| Application
for Right of Management for Foreign Contract Labor
Service |
>> The Application for Right to Engage in Foreign
Trade of Large Enterprise Entities
>> The Application for Right to Engage in Foreign
Trade of Designing Institutes
>> The Application for Right to Engage in Foreign
Trade of Foreign Trade Service Companies
>> The Application for Right to Engage in Foreign
Trade of Foreign Labor Service Companies
>> The Application for Right to Engage in Foreign
Trade of Subsidiaries of Foreign Trade Service Companies
>> The Application for Right to Engage in Foreign
Trade of Foreign Trade Companies
>> The Application for Right to Engage in Foreign
Trade of Self-support Import & Export Manufacturing
Enterprises
>> The Application for Right to Engage in Foreign
Trade of China 's Top 120 Large-scale Experimental Enterprise
Groups
>> The Application for Right to Engage in Foreign
Trade of 1000 Selective Enterprises Determined by the
State
>> Miscellaneous
>> Administrative Provisions for Enterprises with
the Right of Management for Foreign Contract Labor Service
| The Application for Right
to Engage in Foreign Trade of Large Enterprise Entities |
Qualifications:
1. All professional enterprise entities with
the First-class Engineering Qualification authorized
by relevant competent authorities of the State
Council may apply for the Right of Contracted
Project Management and Right of Labor Service
Cooperation Management concerning the contracted
project. The evaluation of their foreign trade
achievements is not required.
2. All enterprise entities with the First-class
Qualification for General Construction Contracting
may apply for the Comprehensive (not industry
restriction) Right of Management for Foreign Contract
Labor Service
Documents to submit
1. Examination opinions of the competent authorities
or application documents of the foreign trade
and economic cooperation commission (department
or bureau) of a province, autonomous region, municipality
or city directly under State planning;
2. Application reports of the enterprise (including
basic conditions, operation capacity, main engineering
projects constructed in recent years and foreign
engineering achievements of the enterprise);
3. Business License of Enterprise Legal Person
(copy)
4. Certificates of the First-class Engineering
Qualification or the First-class Qualification
for General Contracting Construction (copies of
the original and duplicate)
5. A limited liability company or joint-stock
company should have evidentiary materials for
the proportion of subscribed capital and ownership
nature of the subscribers issued by the administrative
departments for industry and commerce.
6. Other required documents. |
| The Application for Right
to Engage in Foreign Trade of Designing Institutes |
Qualifications:
1. All designing institutes with the Class A
Designing Qualification authorized by relevant
competent authorities of the State Council may
apply for right of management for foreign designing,
consultation, reconnaissance and supervision;
2. Class A designing institutes with the First-class
Engineering Qualification and of business entity
nature may apply for right of management for foreign
contracted project;
3. Class A designing institutes with the First-class
Qualification for Construction Contracting and
of business entity nature may apply the comprehensive
right of management for foreign contracted project.
Documents to submit
1. Examination opinions of the competent authorities
or application documents of the foreign trade
and economic cooperation commission (department
or bureau) of a province, autonomous region, municipality
or city directly under State planning;
2. Application report of the designing institute
(including basic conditions, operation capacity,
design projects and foreign operation achievements
of the designing institute);
3. Business License of Enterprise Legal Person
and other licenses (copy);
4. Certificates of the Class A Engineering Designing
Qualification or the First-class Engineering Qualification
or the First-class Qualification for General Construction
Contracting (copies of the original and duplicate).
5. Other required documents. |
| The Application for Right
to Engage in Foreign Trade of Foreign Trade Service
Companies |
Qualifications:
In principle, the right to engage in foreign
trade shall not be granted to county-level foreign
trade service companies.
Prefecture (city)-level foreign trade service
companies shall not be granted the right of management
for foreign contracted projects, instead, they
shall be granted the Right of Management for Foreign
Labor Service only. The application qualifications
are: prefecture(city)-level foreign trade service
companies who apply for Right of Management for
Foreign Labor Service must meet the following
conditions: (Prefectures (cities) in mid-west
provinces, autonomous regions and municipalities
where no foreign trade company is established
may designate a state-owned or any other foreign
trade company whose registered capital shall be
at least 3 million RMB to apply for the Right
of Management for Foreign Labor Service).
1. Prefecture (city)-level foreign trade service
companies who apply for the Right of Management
for Foreign Labor Service must meet the following
conditions: GNP of the prefectures (cities) where
the companies are registered must be at least
15 billion RMB for costal areas, 10 billion RMB
for mid-west areas and 5 billion RMB for minority
nationality regions and old revolutionary base
areas.
2. The registered capital of the enterprise must
be at least 5 million RMB; for western areas,
minority nationality regions and old revolutionary
base areas, such requirement can be relaxed.
3. Engaging in foreign labor service through companies
with the Right of Management for Foreign Labor
Service for at least three years;
4. The annual turnover of foreign contract labor
service of the two years before the application
must be at least USD 2 million and the number
of personnel sent abroad must be not less than
100.
5. It must be a state-owned enterprise.
Documents to submit
1. Application documents of the foreign trade
and economic cooperation commission (department
or bureau) of a province, autonomous region, municipality
or city directly under State planning;
2. Application report of the enterprise (including
basic conditions, operation capacity, conditions
and achievements of the foreign trade business);
3. The enterprise's achievements of foreign economic
and technological cooperation business and credentials
(provided by companies with the right of management
for foreign contract labor service or the economic
and commercial counselor's office of a Chinese
embassy)
4. Business License of Enterprise Legal Person
(copy)
5. A limited liability company or joint-stock
company should have evidentiary materials for
the proportion of subscribed capital and ownership
nature of the subscribers issued by the administrative
departments for industry and commerce.
6. Articles of association;
7. Other required documents. |
| The Application for Right
to Engage in Foreign Trade of Foreign Labor Service
Companies |
Qualifications:
In principle, companies engaging solely in foreign
labor service shall not be considered. However,
large shipping enterprises with a self-owned vessel
gross tonnage of over 100 thousand tons, over
1000 employees in self-owned vessels, no less
than 100 sailors sent abroad annually in the two
years before the application and a sailor training
base may be granted the right of management for
foreign labor service concerning the shipping
industry. Any public-owned (public share-holding)
fishery enterprise with a registered capital of
at least 100 million RMB, a total assets of at
least 300 million RMB and at least 30 self-owned
ocean shipping vessels can apply for the right
of management for foreign fishery labor service.
Documents to submit:
1. Examination opinions of the competent authorities
or application documents of the foreign trade
and economic cooperation commission (department
or bureau) of a province, autonomous region, municipality
or city directly under State planning;
2. Application report of the enterprise (including
basic conditions, operation capacity, conditions
and achievements of the foreign trade business);
3. The enterprise's achievements of foreign economic
and technological cooperation business and credentials
(provided by companies with the right of management
for foreign contract labor service or the economic
and commercial counselor's office of a Chinese
embassy)
4. Business License of Enterprise Legal Person
(copy)
5. Credit Certification (provided by a bank or
accounting firm);
6. Articles of association;
7. Other required documents. |
| The Application for Right
to Engage in Foreign Trade of Subsidiaries of Foreign
Trade Service Companies |
Qualifications:
The subsidiary of a company mainly dealing in
foreign contract labor service who applies for
the right of management for foreign contract labor
service must meet the following conditions:
1. Its parent company must be an enterprise under
the management of ministries and commission under
the State Council or Central Work Committee for
Large Enterprises; the parent company has obtained
the right of management for foreign contract labor
service for at least 5 years; the parent company
has an annual turnover of over USD 100 million
in the two years before the application; the parent
company has sent over 500 personnel abroad for
labor service;
2. The subsidiary must have an annual turnover
of at least USD 30 million and has a clear debtor-creditor
relationship with its parent company;
3. The subsidiary must have the First-class Engineering
Qualification and the First-class General Construction
Contracting Qualification. |
| The Application for Right
to Engage in Foreign Trade of Foreign Trade Companies |
Qualifications:
Foreign trade companies with a total volume of
foreign trade of at least USD 100 million or a
value of exports of at least USD 50 million in
the previous year for coastal areas, or a total
volume of foreign trade of at least USD 50 million
or a value of exports of at least USD 30 million
in the previous year for mid-west areas may apply
for the right of management for foreign labor
service; foreign trade circulation companies which
mainly deal in electromechanical devices (Account
for the annual volume of export more than 60%)
with a value of exports of at least USD 50 million
(USD 30 million for mid-west areas) may apply
for the right of management for foreign labor
service and foreign contracted project. The minimum
registered capital should be 5 million RMB for
applicants in coastal areas and 3 million RMB
for applicants in mid-west areas.
Documents to submit
1. Examination opinions of the competent authorities
or application documents of the foreign trade
and economic cooperation commission (department
or bureau) of a province, autonomous region, municipality
or city directly under State planning;
2. Application report of the enterprise (including
the place in the Top 500 foreign trade enterprises
in last two years and amount of exports);
3. Qualification Certificate for Import and Export
Enterprise (copy)
4. Business License of Enterprise Legal Person
(copy)
5. Other required documents. |
| The Application for Right
to Engage in Foreign Trade of Self-support Import
& Export Manufacturing Enterprises |
Qualifications:
Manufacturing enterprises with an annual foreign
exchange income of over USD 5 million from self-managed
export trade as well as the capacity of designing,
producing and exporting large complete equipment
can contract for overseas installation engineering
for self-produced complete equipment (including
domestic international bidding engineering) and
send contract workers to carry out the above-mentioned
overseas engineering).
Documents to submit:
1. Examination opinions of the competent authorities
or application documents of the foreign trade
and economic cooperation commission (department
or bureau) of a province, autonomous region, municipality
or city directly under State planning;
2. Application report of the enterprise (including
confirming documentation for amount of exports
in recent years issued by the customs, category
and number of Electromechanical products exports)
3.Qualification Certificate for Import and Export
Enterprise (copy)
4. Business License of Enterprise Legal Person
(copy)
5. Other required documents. |
| The Application for Right
to Engage in Foreign Trade of China 's Top 120 Large-scale
Experimental Enterprise Groups |
Qualifications:
The parent company of an enterprise group can
be granted the right of management for foreign
contract labor service and deal in foreign contract
and labor service of relevant industries of the
group; subsidiaries and other member enterprises
with the First-class Engineering Qualification
may independently apply for the right of management
for foreign contract labor service of their own
industries; member enterprises with the capacity
of designing, producing (including organization
of the production) and exporting large complete
equipment can be granted the right of management
for foreign contracted project concerning the
export of self-produced equipment as well as the
right of sending technical and after-sale service
personnel abroad for labor services including
designing, installation, debugging and operations.
Documents to submit:
1. Application report of the enterprise (including
the introduction to the enterprise group)
2. Business License of Enterprise Legal Person
(copy);
3. Approval documents of large pilot enterprise
groups (copy);
4. Relevant qualification certificates (copy). |
| The Application for Right
to Engage in Foreign Trade of 1000 Selective Enterprises
Determined by the State |
The 1000 selective enterprises determined
by the State may be granted the right of management
for foreign contract labor service with the approval
and deal in the foreign contract labor service
of their respective industries.
Documents to submit:
1.Application Report of Enterprise
2. Business License of Enterprise Legal Person
(copy)
3. Approval documents of the National pivot-contacted
enterprise
4. Other required documents. |
| Miscellaneous |
Any public-owned (public share-holding)
fishery enterprise with a registered capital of
at least 100 million RMB, a total assets of at
least 300 million RMB and at least 30 self-owned
ocean shipping vessels can apply for the right
of management for foreign fishery labor service.
|
| Administrative Provisions
for Enterprises with the Right of Management for
Foreign Contract Labor Service |
(I) Under any of the following circumstances
in the business operations, a company is subject
to the administrative penalty of warning:
1. The annual turnover of foreign contract labor
service has been less than USD 100 thousand for
two consecutive years since it obtains the right
of management;
2. Disobeys the coordination of competent authorities
of foreign trade, chambers of commerce, associations
or institutions functioning abroad;
3. Fails to take part in the investment and management
after it undertakes designing, consultation and
reconnaissance projects for foreign contracted
project, causing severe quality problems to the
projects;
4. Undertakes foreign projects hastily regardless
of its conditions and strength, disturbing the
foreign economic cooperation order;
5. Default of various state funds or loans for
1~3 years.
6. Disobeys or eludes control of the State and
violates administrative provisions for foreign
economic cooperation of the State.
(II) Under any of the following circumstances
in the business operations, a company is subject
to the administrative penalty of suspension of
the right of management for foreign contract labor
service for one year:
1. The annual turnover of foreign contract labor
service has been less than USD 100 thousand for
three consecutive years;
2. Enters into foreign labor service contracts
at a below-cost price for the purpose of elbowing
out other domestic enterprises, or cuts price
after the proprietor (intermediary organs, employer)
has already enters into contracts with other domestic
enterprises;
3. Engaging in foreign contract labor service
in countries or regions that needs the approval
of relevant departments of the State without permission;
4. Fails to take part in the management or causes
mismanagement after it undertakes foreign contract
labor service projects, leading to gross fault
or malignant events;
5. Violates the administrative regulations on
foreign economic and technical cooperation of
the State, disturbing the foreign economic cooperation
order and causing damages to the lawful rights
and interests of the State, the enterprise and
the Personnel to be Sent and Provide Labor Services
Overseas;
6. Provides false qualification, credentials or
materials for overseas enterprises by counterfeiting
or using without permission the names, qualifications
or achievements of other domestic enterprises;
7. Misappropriates various State funds and loans;
8. Default of various State funds or loans and
the repayment is less than 20% of the aggregate
level of borrowing within a year after the department
concerned issued a warning penalty.
(III) Under any of the following circumstances
in the business operations, a company is subject
to the administrative penalty of revocation of
the right of management for foreign contract labor
service:
1. Causes material damages to the lawful rights
and interests of the Personnel to be Sent and
Provide Labor Services Overseas in its business
operations;
2. Severely disturbs the foreign contract labor
service order;
3. Severely violates the administrative regulations
on foreign economic and technical cooperation
of the State;
4. Default of various State funds or loans and
the repayment is less than 50% of the aggregate
level of borrowing within two years after the
department concerned issued a warning penalty.
5. Cheats governmental departments or organs concerned
by entering into false contracts with overseas
enterprises.
(IV) A company which has lost its operation capacity
according to the examination should be deprived
of the right of management for foreign contract
labor service.
(V) When an enterprise that has obtained the
right to engage in foreign trade requests the
transfer of right of management after restructure
and reorganization, it must fulfill its obligation
for various state funds and loans at first; otherwise
its request will be overruled. |
| Contact Us: |
Add: Foreign Economic Cooperation Division of
The Department of Foreign Trade and Economic Cooperation
of Guangdong Province, Provincial Foreign Trade
and Economic Building, 351 Tianhe Road, Guangzhou
City, Guangdong Province.
Tel: 38819879, 38819877
E-mail: hezuo@gddoftec.gov.cn
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