Ministry of Personnel, Ministry of Commerce and State Administration for Industry and Commerce, Sino-foreign Equity Joint Skilled Personnel Agencies Tentative Provisions

Promulgated: September 4 2003
Effective: November 1 2003
Interpreting authority: Ministry of Personnel, Ministry of Commerce and State Administration for Industry and Commerce
Applicability: The establishment of equity joint skilled personnel agencies by companies, enterprises or other economic organizations from Hong Kong and Macao Special Administrative Regions and the Taiwan region shall be handled with reference to the Provisions (Article 19).

Main contents: The Provisions do not allow the establishment of wholly foreign-owned skilled personnel agencies nor the engagement in skilled personnel agency services by resident representative offices in China of foreign enterprises or chambers of commerce established in China (Article 3). To establish a Sino-foreign equity joint skilled personnel agency, both the foreign and Chinese parties must be skilled personnel agencies established for at least three years and have good reputations; and the registered capital must be at least US$300,000 with the foreign party's contribution not less than 25% and the Chinese party's not less than 51% (Article 6). Such personnel agencies may provide services including collecting information on the supply of and the demand for skilled personnel, recommending skilled personnel, giving public notice of vacancies, surveying and critiquing skilled personnel, and training of skilled personnel within China
(Article 11). Engagement in activities involving foreigners by Sino-foreign equity joint skilled personnel shall be handled with reference to relevant provisions (Article 20).
Related legislation: PRC Sino-foreign Equity Joint Venture Law (2nd Revision), Mar 15 2001, CLP 2001 No.3 p5