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Regulation on Qualification of Hosting Institutions in Employment of Foreign Cultural and Educational Experts
1. Licensing item: qualification recognition of the hosting institutions for recruiting foreign cultural and educational experts.
2. Implementation unit: State Foreign Expert Bureau of China.
3. Accepting unit: Foreign Expert Bureau of Jiangsu Province.
4. Implementation instruction: the administrative licensing is ONLY for the institution for recruiting foreign cultural and educational experts.
5. Application Requirements: The institutions that propose to recruit foreign experts must gain qualification recognition and receive 'Qualification Recognition Certificate of the Host Institution for Recruiting Foreign Experts'. This certificate is a basic document for the procedure of work permit of foreign experts in China, invitation letter or telegram, certificate of foreign experts and residence permit in China.
The institutions that apply 'Qualification Recognition Certificate of the Host Institution for Recruiting Foreign Experts' need to meet the following conditions:
(1) With independent legal qualification;
(2) Approved by industry qualification;
(3) Be equipped with specialized departments of foreign experts management and service work; allocating professional staff;
(4) The system of foreign experts management and foreign affairs staffs is sound;
(5) Be able to provide appropriate working conditions, living facilities and security conditions;
(6) With sufficient fund for recruiting foreign experts.
Side Note: New schools and other education training organizations only could apply the qualification recognition after one-year operation so that the situation of teachers, student resource and teaching order are all stable. However, Sino-foreign cooperative education institutions approved officially and the schools which enroll children of foreigners are not limited by this one.
6. Application Materials:
(1) 'The Application Form of Qualification Recognition Certificate of the Host Institution for Recruiting Foreign Experts';
(2) Certificate of legal person qualification;
(3) System of foreign experts management (including security system) and recruiting system for foreign affairs staff;
(4) Business License: schools and other educational training organization shall submit approval copy from education, labor or industrial and commercial administrative departments, 'Permit in running the school' or 'Business License'; other institutions shall submit the copy of business license or approval from relative administrative departments.
7. The Procedures and Deadline:
Based on the principles of dependency administration, Jiangsu institutions could apply to Foreign Expert Bureau of Jiangsu Province (hereinafter referred as to accepting institution).
The application materials submitted to accepting institution will be regarded as that applicants have ensured its authenticity. Once it is founded to be factually incorrect, it will be transacted based on Article Seventy-eight of 'Administrative Permission Law'.
1) It will be accepted that applications have complete materials that conform to the legal form, or applicants submit all the application materials which meet the requirement of implementation institution.
2) Accepting institution allows applicants to correct the mistake of application on the spot. If the application materials are not complete or do not meet the statutory requirements, accepting institution shall issue ‘The Notification of Making Corrections for Administrative License Application Materials' with specialized seal and date on the spot or in five days, and shall inform applicants all the correction need to be made in one time. If accepting institution does not inform applicants in specified time, application materials will be accepted from the day of receiving it. If the application materials are not complete or do not meet the statutory requirements and still cannot be made correction after informing, it will not be accepted.
3) Accepting institution shall issue 'The Notification of Accepting Administrative License Application' and 'The Notification of Not Accepting Administrative License Application' with specialized seal and date to the accepting or non-accepting applications. The latter notification shall state reasons for the non-accepting applications.
Based on Administrative Permission Law’ and relative regulations, accepting institution shall begin the initial review of all the accepting application materials and ask for advice to departments of industry management, public security and international affairs (these departments shall respond in seven workdays). The whole review shall be finished in twenty days. Two or more staffs should be assigned for the verification task if the application materials need to be verified. Time needed for the verification (no more than ten workdays) does not be counted in the time of whole review, but it needed to be notified to applicants in writing. After initial review, accepting institution signs the review opinion on ‘The Application Form of Qualification Recognition Certificate of the Host Institution for Recruiting Foreign Experts', and submit all the materials and review opinion to implementation institution - State Foreign Expert Bureau of China.
(4) Examination and Approval
Implementation institution enters examination and approval process after receiving all the application materials and review opinion from accepting institution. It shall review the materials and make decision in twenty days. For those special circumstances, the deadline may be extended for a maximum of 10 days. It shall be approved by the responsible person of this administrative organ, shall issue 'The Notification of Extension for Administrative License' with the seal of this administrative organ and date, and shall inform the reasons for the extension to applicants.
If there is one of the following situations, implementation institution makes the decision of disproving the administrative license:
1) The application material is false;
2) The applicant institution mismatches the condition of recruiting foreign experts;
3) Other situations that implementation institution considers not to issue 'Qualification Recognition Certificate of the Host Institution for Recruiting Foreign Experts'.
Implementation institution shall issue 'The Delivery Notification of Decision for Administrative License Application' with the seal of this administrative organ and date when it approves or disapproves the applications. For disapproval decision, implementation institution states the reasons in the notification. For approval decision, implementation institution issues and deliveries the 'Qualification Recognition Certificate of the Host Institution for Recruiting Foreign Experts' uniformly printed by State Foreign Expert Bureau of China in ten days from the day of making decision.
8. Annual Examination and Registration:
According to the annual examination and registration notification of State Foreign Expert Bureau of China, Jiangsu Foreign Expert Bureau is responsible for the annual examination in Jiangsu and submits the annual examination report to State Foreign Expert Bureau in December. State Foreign Expert Bureau starts the annul examination from January 1 to 31 to all the institutions that get qualification recognition and deal with different situation as following:
(1) The institutions that carry out recruitment normally will be approved to register (which means the qualification recognition shall continue to be valid);
(2) The institutions that have general problems during recruitment management or do not carry out recruitment in one year will be suspended registered (which means the qualification will be suspended for three months and registration or revoking will depends on the situation after three months);
(3) The qualification of institutions that stop recruitment or do not recruit foreign experts for two years for cancel or combine reasons will be cancelled;
The qualification of institutions that have serious problems during recruitment management will be revoked and only can be applied again after two years.