（1996）外经贸合发第818号
（Approved by the State Council on October 22， 1996 and promulgated¹ by the Ministry² of Foreign Trade and Economic Cooperation， the Ministry of Foreign Affairs and the Ministry of Public Security on December 22， 1996）
颁布日期：19970120 　实施日期：19970120 　颁布单位：对外贸易经济合作部、 外交部、 公安部

　　Chapter I General Provisions

　　Article 1 These Provisions are formulated³ for the purpose of promoting foreign contract engineering and labor⁴ cooperation abroad， simplifying the procedures for examining and approving applications by contract workers to go abroad and strengthening the control of contract workers sent abroad.

　　Article 2 “Contract workers sent abroad” refers to the contract workers of various specialities sent abroad to engage in economic and technologic activities and social services， in accordance with contracts signed by the sending units with foreign government agencies， societies， enterprises or private employers， concerning contract engineering， labor services and designs and consulting service， etc……

　　Article 3 “Sending units” refers to enterprises which with the approval of the Ministry of Foreign Trade and Economic Cooperation （hereinafter referred to as the Moftec） are endowed with a franchise⁵ to undertake foreign contract engineering， labor services and designs and consulting services abroad.

　　Article 4 To send contract workers abroad， the sending unit must hold a “Permit for Sending Abroad Contract Workers” issued by the Moftec and the contract signed with a foreign party.

　　Article 5 Sending of contract workers to countries without diplomatic relation with China or to Taiwan， Hongkong or Macau shall be handled in accordance with relevant provisions.

　　Chapter II Examination and Approval of Foreign Undertakings⁶

　　Article 6 For sending contract workers abroad， the sending unit which is authorized⁷ to examine and approve the foreign contract undertakings may conduct the examination and approval themselves and issue the “Application Form for Sending Abroad Contract Workers”。

　　Article 7 For sending contract workers abroad， local sending units which are not authorized to examine and approve the foreign contract undertakings shall fill in the “Application Form for Sending Abroad Contract Workers” and submit it， together with the contracts concerned， to the foreign economic relations and trade commission （department/bureau） of the province， autonomous⁸ region or municipality directly under the central government， or the city enjoying the provincial-level status in the state economic plan， special economic zone or coastal⁹ open city where the sending unit is located， for approval.

　　Central sending units which are not authorized to examine and approve the foreign contract undertakings shall， when sending abroad contract workers， fill in the “Application Form for Sending Abroad Contract Workers” and submit it， together with the contracts concerned， to the managing department or bureau of the competent department of foreign economic relations and trade at the higher level， or of the commission or ministry of the State Council or the organization directly under the State Council to which the sending unit is attached and which is authorized to examine and approve the foreign contract undertakings， for approval.

　　Article 8 For sending abroad seamen¹⁰ or fishermen， the item “Country and Region to Go” in the “Application Form for Sending Abroad Contract Workers” shall be filled in as “all countries and regions in the world”。

　　Chapter III Requirements and Examination and Approval Procedure for Contract Workers Sent Abroad

　　Article 9 The sending unit must examine the potential contract workers with regard to their political status， occupational situation and the state of health. The items to be examined are as follows：

　　1. Political status： The person to be sent abroad must love his socialist¹¹ motherland， appear healthy in politics and honest in behavior， observe disciplines and meet the stipulations set in the Law of the People's Republic of China on the Control of the Exit and Entry of Citizens. Persons falling under the following categories may not be sent abroad as contract workers：

　　（1） the accused involved in a criminal case， and the criminal suspect identified by public security organs or the people's procuratorate or people's court；

　　（2） the person involved in an unconcluded civil case who， as notified by the people's court， cannot leave the country；

　　（3） convicted criminal who is serving a sentence；

　　（4） the person now under re-education through labor； and

　　（5） the person whose exit from the country will cause jeopardy¹² to national security or heavy losses to national interests.

　　2. Occupational conditions： He is competent for fulfilling missions abroad with professional skills as contracts require.

　　3. Physical conditions： He is above the age of 18， healthy as certified¹³ by a hospital above the county level， and competent for the mission assigned to him， working abroad.

　　Article 10 Among the contract workers， who leave the country with a service passport， those of cadre status above the county level and those with high-level professional titles shall go through formalities of examination and approval， applicable to cadres， while others shall go through a two-level system of examination and approval， namely， the working unit to which the worker belongs， or the community office， or the local government of the town or township where the worker lives， shall take up the responsibility to examine the potential contract worker to be sent abroad and fill in the Examination Form for Contract Workers Sent Abroad （hereinafter abbreviated¹⁴ to Examination Form）， and the sending unit shall take the responsibility for examination and approval.

　　Those who leave the country with a private common passport shall go through the procedure of examination and approval in accordance with the Law of the People's Republic of China on the Control of Exit and Entry of Citizens and the rules for its implementation¹⁵.

　　Chapter IV Transregional and Trans departmental Selection

　　Article 11 Generally， the sending unit shall select contract workers out of personnel in local regions and local departments. When special need arises， it is allowed， with approval by superior departments， to do transregional and trans departmental selection.

　　Article 12 When the sending unit does transregional or trans departmental selection of contract workers， the working unit to which the contract worker belongs， the community office or the local people's government of the town or township where he lives shall do the selection. Selection is illegal if done through private relation or intermediary agencies.

　　Chapter V Application for and Administration of Passports

　　Article 13 The sending unit may apply for a service passport or a private common passport on behalf of the contract worker sent abroad.

　　Article 14 The contract workers as listed below shall apply for a service passport：

　　（1） contract workers who are sent abroad to enforce agreements and arrangements signed by the Government departments with foreign countries， and those who are sent abroad as authorized members directly under the management of an institution； and

　　（2） contract workers who are sent to the countries and regions which require them to present service passports.

　　Article 15 With the exception of those listed in Article 14， all other contract workers sent abroad shall apply for private common passports.

　　Article 16 For service passports， the sending unit shall apply to the Ministry of Foreign Affairs and its authorized local agencies handling foreign affairs located in the place where the contract worker has his personal dossier or registered residence （hereinafter abbreviated to agencies handling foreign affairs）。 For private common passports， the sending unit shall apply to the public security organ in the place where the contract worker has his registered residence （hereinafter abbreviated to the public security organ）。

　　Article 17 For selected contract workers who have worked in a special economic zone for more than one year， but have no permanent registered residence there， their passports may be applied¹⁶ for in the special economic zone， but materials produced for political examination shall be issued by his original working unit， or community office in the place where he has registered residence， or local people's government of the town or township or organizational department of the district or county.

　　Article 18 When applying for service passports on behalf of contract workers， the sending unit shall present to the agency handling foreign affairs the following documents：

　　（1） permit of the sending unit for sending abroad contract workers；

　　（2） a list of items for applying for service passports；

　　（3） an application form for sending abroad contract workers； and

　　（4） an examination form of contract workers to be sent abroad.

　　The agency handling foreign affairs may， if necessary， examine the ID card and certificate of registered residence of the contract workers.

　　Article 19 When applying for private common passports on behalf of contract workers， the sending unit shall present to the public security organ the following documents：

　　（1） permit of the sending unit for sending abroad contract workers；

　　（2） an application form for sending abroad contract workers （attached with labor contracts signed with foreign parties）；

　　（3） an examination form of contract workers to be sent abroad； and

　　（4） ID cards or certificates of registered residence of the contract workers.

　　Article 20 The Moftec shall set up and perfect an adaptive training system designed for contract workers before they go abroad. The passport-issuing agency may， if necessary， check their training qualification certificates before issuing passports to them.

　　Article 21 After the contract workers complete their services and return home， the sending unit shall be responsible for collecting their service passports， registering them and sending them back to the original passport-issuing agency for safekeeping and disposal.

　　Chapter VI Application for Visas

　　Article 22 The sending unit shall apply for visas on behalf of the contract workers with service passports in accordance with the relevant provisions of the Ministry of Foreign Affairs.

　　Article 23 The sending unit shall apply to foreign embassies and consulates¹⁷ in China for visas on behalf of the contract workers with private common passports.

　　Article 24 When applying for visas on behalf of seamen and fishermen to go abroad， the sending unit shall apply to the country and region where they go on board the ships as indicated by the employers.

　　Chapter VII Prohibitions¹⁸ and Penalties

　　Article 25 The sending unit shall hold an honest aim and do legal business. When signing contracts with foreign parties and selecting contract workers， it shall take strict steps to ensure quality. It is strictly¹⁹ prohibited to do illicit²⁰ migration²¹ in the name of sending contract workers abroad. It is strictly prohibited to send young women in various names to work abroad in bars， dancing halls， night clubs and other public places of entertainment.

　　Article 26 Units and persons directly responsible for reporting false information to defraud²² their superior approval departments by violating these Provisions shall be criticized in a circular or given a penalty， economically or administratively²⁴， according to seriousness of the case by the higher level department responsible for the sending unit and the supervisory department. The Moftec shall suspend its franchise for sending contract workers abroad within a time limit or even permanently²⁵ according to the seriousness of the case. Agencies handling foreign affairs shall suspend issuing service passports to the contract workers to be sent abroad by the sending unit or all persons to go aboard on official business. Those who violate laws and regulations on the control of entry and exit shall be punished by public security organs according to law. If a crime has been constituted， judicial²⁶ organs shall investigate the offender²⁷ for criminal responsibility according to law.

　　Chapter VIII Supplementary²⁸ Provisions

　　Article 27 These Provisions are applicable to researchers to be sent aboard for labor service in nature.

　　Article 28 These Provisions are not applicable to citizens who go through formalities for seeking jobs abroad for themselves.

　　Article 29 Where administrative²³ regulations and other legal documents concerning labor service abroad promulgated previously²⁹ contradict these Provisions， these Provisions shall prevail.

　　Article 30 These Provisions shall come into force on the date of promulgation³⁰.

上一篇：中共中央、国务院关于卫生改革与发展的决定 下一篇：残疾人专用品免征进口税收暂行规定