《对外劳务合作经营资格管理办法》补充规定

商务部部长　薄熙来
国家工商行政管理总局局长　王众孚
二00五年八月十五日

《对外劳务合作经营资格管理办法》补充规定

为适应企业改制的需要，促进西部地区对外劳务合作业务的发展，现对《对外劳务合作经营资格管理办法》（商务部、国家工商行政管理总局令2004年第3号，以下简称《管理办法》）作出如下补充规定：

一、下列企业，符合《管理办法》第五条第（一）至（七）项规定（注册时间要求除外）的，可在原企业经营范围内继续从事对外劳务合作业务，但须依照有关规定申请换领《中华人民共和国对外劳务合作经营资格证书》：

（一）具有对外劳务合作经营资格（以下简称经营资格）的企业与其他企业合并，原企业已注销，合并后存续的企业或新设企业；

（二）具有经营资格的企业分立，原企业已注销或放弃经营资格，其对外劳务合作业务整体划入的分立后的新设企业。

具有经营资格的企业分立，除前款规定情形外，分立后的新设企业符合《管理办法》第五条规定（注册时间要求除外）的，可依法申请经营资格。

二、年外派劳务人员少于300人的西部省区，除本规定施行前已具有经营资格的企业外，可特别许可其一家企业申请经营资格，不受《管理办法》第五条第（八）项规定的业绩要求限制。

三、本规定自公布之日起30日后施行。

Supplementary Provisions on the Measures for the Administration of Operation Qualification of Foreign Labor Service Cooperation
Order of the Ministry of Commerce and the State Administration for Industry and Commerce
Order [2005] 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