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Administrative Regulations on Operation Qualifications of Foreign Cooperation of Labor Service by Means of Assigning Sailors to Foreign Countries 2005-11-23

Article 1. For the purposes of strengthening administration on assigning sailors to foreign countries, standardizing operation order of market of sailors assigned to foreign countries, and protecting legal interests and rights of sailors assigned to foreign countries, the regulations are stipulated in accordance with Foreign Trade Law of the People’s Republic of China.

Article 2. Assigning sailors to foreign countries refers to economic activity of assigning Chinese sailors to watercrafts of foreign countries or Hongkong, Macao, and Taiwan districts to provide service and carry out administration as well. Subjects of the said economic activity must be domestic enterprises qualified requirements of the regulations.

Article 3. Enterprises applying for operation qualifications of foreign cooperation of labor service by means of assigning sailors to foreign countries must meet the following conditions:
(1). Conditions of Article 5 Item (1) to (6) of Administrative Measures on Operation Qualifications of Foreign Cooperation of Labor Service (Ministry of Commerce, State Administration for Industry and Commerce Decree No.3, 2004);
(2). Enterprises with qualifications of international watercraft transportation, international watercraft administration or domestic watercraft transportation;
(3). Established security administrative system, which has been approved.
(4). No less than 5 administrators with qualifications of professional senior sailors in fields of driving and marine engine;
(5). With relevant capacities of market expending.
(6). With certain working foundations. Provide no less than 300 sailors to qualified enterprises in recent 3 years.

In case enterprises that have obtained qualifications of foreign cooperation of labor service meet conditions of item (2)to (6)may apply to Ministry of Commerce for altering business scope of foreign cooperation of labor service, and undertake business of assigning sailors to foreign countries.

Article 4. Enterprises must provide following materials when applying for operation qualifications of foreign cooperation of labor service by means of assigning sailors to foreign countries:
(1). Applying report;
(2). Materials required in Administrative Measures on Operation Qualifications of Foreign Cooperation of Labor Service Article 6 item (2)to (6);
(3). Certifications of enterprises’ qualifications of international watercraft transportation, international watercraft administration or domestic watercraft transportation;
(4). Related certificates of approved security administrative system;
(5). Copies of certificates of professional senior sailors in fields of driving and marine engine;
(6). Original copies of toll of sailors assigned to foreign countries issued by enterprises with operation qualifications of foreign cooperation of labor service by means of assigning sailors to foreign countries;
(7). Feasibility report of countries and districts where the business of foreign cooperation of labor service by means of assigning sailors to foreign countries will be undertaken.

Enterprises that have obtained qualifications of foreign cooperation of labor service may not provide materials stipulated in item (2)when applying for operation qualifications of foreign cooperation of labor service by means of assigning sailors to foreign countries, however, copies of Certificate of Qualifications of Foreign Cooperation of Labor Service of the People’s Republic of China are required as well.

Article 5. For enterprises that have already obtained operation rights of assigning sailors to foreign countries before implementation of the regulations, in case they are accord with regulations of Administrative Measures on Operation Qualifications of Foreign Cooperation of Labor Service, they may keep their qualifications of foreign cooperation of labor service by means of assigning sailors to foreign countries.

Article 6. Ministry of Commerce will release list of enterprises with qualifications of foreign cooperation of labor service by means of assigning sailors to foreign countries regularly.

Article 7. Approval of certificate of international sailor and security administrative system should be carried out in accordance with related regulations of Ministry of Communications.

Article 8. For unmentioned matters in the regulations, Administrative Measures on Operation Qualifications of Foreign Cooperation of Labor Service should be followed to implement.

Article 9. The regulations will take effect in 30 days as from release.