Beijing Municipality, Promotion of the Establishment of Sino-foreign Joint Venture Human Resources Agencies Tentative Measures

Promulgated: June 27 2002
Effective: July 20 2002
Applicability: As defined by the Measures, a Sino-foreign joint venture human resources agency is a jointly operated organization solely or partly offering intermediary services and other related services to employers or personnel within the jurisdiction of the Beijing municipality (Article 3). The Measures shall be referred to where investors from Hong Kong, Macao and Taiwan invest in the establishment of a joint venture human resources agency in Beijing (Article 15).

Main contents: Any foreign organization engaged in the offering of human resources agency services can establish an equity or cooperative joint venture human resources agency in Beijing with a Chinese human resources agency already operating within the municipality; for the time being, wholly foreign-owned human resources agencies are not permitted (Article 2). Sino-foreign joint venture human resources agencies will enjoy the same rights and obligations as domestic human resources agencies (Article 4).
To qualify to establish a Sino-foreign jointly operated human resources agency, the Chinese party should possess a Beijing Municipal Human Resources Market Agency Services Permit. The organization must also possess sufficient capital and a suitable operating site, as well as no less than five full-time personnel (Article 6). The applicant first applies to the municipal administration for industry and commerce for an Enterprise Name Preliminary Approval Notice, which is then presented to the municipal bureau of personnel along with relevant required documents (Article 7) The bureau of personnel shall issue a decision within 10 days (Article 8), and transfer the application to the municipal foreign economic relations and trade commission, which in turn will issue its decision within 10 days (Article 9).
Depending on the organization's capital, staff size and management level, it may be authorized to engage in human resources information services, human resources training, personnel recommendation and invitation, and personnel assessment (Article 11).
Related legislation: Administration of the Employment Market Provisions, Sep 11 2001, CLP 2001 No.8 p6; Administration of Brokers Measures and Beijing Municipality, Administration of the Skilled Personnel Market Regulations, Oct 16 1997, CLP 1998 No.1 p18