PROVISIONAL MEASURES FOR THE ADMINISTRATION OF THE
REGISTRATION OF EMPLOYEES OF FOREIGN ENTERPRISE
REPRESENTATIVE OFFICES STATIONED IN BEIJING

(Promulgated on September 30, 1986 by the Beijing
Municipal Administration for Industry and Commerce)

 

SUBJECT: FOREIGN REPRESENTATIVE OFFICES

ISSUING-DEPT: BEIJING MUNICIPALITY

ISSUE-DATE: 09/30/1986

IMPLEMENT-DATE: 10/01/1986

LENGTH: 795 words

TEXT:

[Article 1] These Measures are formulated in accordance with the State Interim Regulations of the People's Republic of China Concerning the Control of Resident Offices of Foreign Enterprises, Procedures of the State Administration for Industry and Commerce of the People's Republic of China for the Registration and Administration of Resident Representative Offices of Foreign Enterprises and the 20 April 1986 Notice of the Beijing Municipal People's Government on Chinese Seeking Employment with Foreign or Overseas Chinese Individuals or Representative Offices in Beijing.

[Article 2] All representative offices of foreign enterprises and other economic entities (hereinafter referred to as foreign enterprise representative offices) stationed in Beijing must conform with these Measures when recruiting employees in Beijing.

[Article 3] The term "employees" used in these Measures refers to persons who have been sent or introduced by foreign service units and employed under contract to work for foreign enterprise representative offices.

[Article 4] The organ in charge of the registration of employees of foreign enterprise representative offices is the Beijing Municipal Administration for Industry and Commerce.

[Article 5] Foreign enterprise representative offices must recruit their employees from the foreign service units designated by the Beijing Municipal People's Government.  An employment contract is to be signed between the two parties and registration of employees is to be handled in accordance with these Measures.

Foreign enterprise representative offices and their personnel are not permitted to recruit employees by themselves.

[Article 6] Within ten days of signing a contract employees must register with the organ in charge of registration and obtain a work card.

When applying for registration, the following documents must be presented:

(1) A letter of certification from a foreign service unit;

(2) A copy of the employment contract;

(3) Three bareheaded, full-face photographs, 1.3 inches in size.

Employees undertaking temporary service work with a contract term of less than 30 days shall file their details with the organ in charge of registration by producing a copy of the contract.  No work cards will be issued to such persons.

[Article 7] The term of validity of an employee's work card will coincide with the employment contract tenure.  Upon the termination of a contract, due to its expiry or pre-term termination, cancellation of registration must be carried out with the organ in charge of the registration.  Registration of an extension to the contract term must be carried out where contracts are extended upon their expiry.

[Article 8] A work card certifies the status of the holder during employment in a foreign enterprise representative office.  Employees shall carry their work cards when going out on business.  The various relevant units shall receive people on the basis of these work cards.

[Article 9] Should a work card be lost, an announcement shall be immediately placed in the newspaper declaring the card's cancellation and an application for reissuance shall be promptly filed with the organ in charge of registration, together with a letter of introduction from the foreign service unit and the newspaper declaration.

[Article 10] The organ in charge of registration has the right to carry out examinations of the conditions of persons employed by a foreign enterprise representative office.  Foreign enterprise representative offices shall provide relevant factual information on employees.

[Article 11] Where, in violation of these Measures, a foreign enterprise representative office has recruited employees without authorisation or its employees have not carried out registration in accordance with these Measures, the said office will be warned by the organ in charge of registration and ordered to dismiss the employee or a time limit will be given to complete registration procedures.  In cases of serious violation a fine of up to 10,000 yuan will be imposed.

[Article 12] Recruitment of employees by resident representatives established by foreign enterprises in the same manner as their resident representative office and by the resident representative offices of Hong Kong, Macao and overseas Chinese enterprises will also be handled in accordance with these Measures.

[Article 13] Beijing Municipal Administration for Industry and Commerce is responsible for the interpretation of issues which arise during detailed implementation of these Measures.

[Article 14] These Measures, approved by the Municipal People's Government, shall come into effect on October 1, 1986.