Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
Job Intermediary Services
Relevant Mainland Rules and Regulations
Rules and regulations promulgated by the Mainland authorities relating to the implementation of commitments under CEPA :
Establishment of Job Intermediaries
- According to the "Interim Provisions on the Administration of Foreign-funded Job Intermediaries (2019 Revision)" (Dec 2019) (in Chinese only), those who are establishing a job intermediary shall be able to fulfill the following requirements:
- The agency to be incorporated shall have a proper organization structure, and personnel who are familiar with the management and business of human resources, among whom at least five full-time employees are graduates of college or above and have a qualification certificate for job intermediary services; it shall also have a fixed place of business, funds and office facilities necessary for the business it applies to do, sound and practical articles of association, management system and working rules, as well as a definite scope of business;
- The agency to be incorporated shall have the capacity for civil rights and obligations;
- Other requirements as provided by laws or regulations.
- For details, please refer to:
- "The Regulation for the Management of Human Resources Agencies" (Decree of the Ministry of Human Resources and Social Security No. 50 - Jun 2023) (in Chinese only)
- "Administrative Measures on Job Market (2019 Revision)" (Dec 2019) (in Chinese only)
- "Interim Provisions on the Administration of Foreign-funded Job Intermediaries (2019 Revision)" (Dec 2019) (in Chinese only)
- "Supplementary Provisions of 'Interim Provisions Concerning the Administration of Chinese-Foreign Joint Job Intermediaries'" (Decree of the Ministry of Personnel, Ministry of Commerce and the State Administration for Industry and Commerce No. 8 - Nov 2007) (in Chinese only)
Seafarers Dispatch
- According to the "Supplementary Provisions of the Administrative Measures on the Qualifications to Conduct Dispatch of Seafarers type of Foreign Labour Service Co-operation" (Decree of the Ministry of Commerce No. 1 - Jan 2010) (in Chinese only), international ship management companies set up by Hong Kong service suppliers (HKSS) in the form of wholly-owned enterprises, equity joint ventures or contractual joint ventures in the Mainland are allowed to submit their application for the qualification to conduct dispatch of seafarers type of foreign labour service co-operation without the need to apply for the qualification in foreign invested personnel placement agencies or talent intermediary agencies. After the international ship management companies set up by HKSS in the Mainland obtained the qualification to conduct dispatch of seafarers type of foreign labour service co-operation, they can only dispatch Mainland seafarers to ships of Hong Kong ship owners or ships registered in Hong Kong.
- For details, please refer to:
- "Administrative Measures on the Qualifications to Conduct Dispatch of Seafarers type of Foreign Labour Service Co-operation" (Decree of the Ministry of Commerce No. 15 - Nov 2005) (in Chinese only)
- "Supplementary Provisions of the Administrative Measures on the Qualifications to Conduct Dispatch of Seafarers type of Foreign Labour Service Co-operation" (Decree of the Ministry of Commerce No. 1 - Jan 2010) (in Chinese only)
- "Provisions of the People's Republic of China on the Administration of Dispatch of Seafarers (2021 Revision)" (Aug 2021) (in Chinese only)
Enquiries concerning the application procedures and requirements for the establishment of foreign-invested job intermediaries can be directed to :
- The Ministry of Human Resources and Social Security of the People's Republic of China
( Website: http://www.mohrss.gov.cn )