"Measures for the Implementation of Administrative License for Labor Dispatch"
Article 6 The operation of the labor dispatch business shall be to the local human resources and social security administrative department with licensing jurisdiction (hereinafter referred to as the licensing authority) to apply for administrative licenses according to law.
Without permission, no unit or individual may operate a labor dispatch business.
Article 7 An application for operating a labor dispatch business shall have the following conditions:
(1) the registered capital shall not be less than RMB 2 million;
(2) there are fixed business premises and facilities suitable for carrying out the business;
(3) there is a management system of labor dispatch in accordance with the provisions of the laws, administrative regulations;
(4) Other conditions prescribed by laws and administrative regulations.
Article 8 If an application is made for the operation of labor dispatch business, the applicant shall submit the following materials to the licensing authority:
(1) Application for the license to operate labor dispatch;
(2) Business license or Notice of Pre-approval of Enterprise Name;
(3) Articles of Association as well as capital verification report or financial audit report issued by the capital verification institution;
(D) Proof of the use of the business premises and a list of office facilities and equipment, information management systems, etc. that are appropriate for the conduct of the business;
(E) Proof of identity of the legal representative;
(F) The management system of labor dispatching, including labor contracts, labor compensation, social insurance, working hours, rest and vacation, labor discipline and other regulations and rules of great interest to the laborers. (viii) The text of rules and regulations; a sample of the labor dispatch agreement to be signed with the employing unit.
Article 9 Upon receipt of the application materials, the licensing authority shall deal with the application materials in accordance with the following circumstances:
(1) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to make corrections on the spot;
(2) If the application materials are incomplete or do not conform to the statutory form, the applicant shall be informed of all contents of the application materials that need to be corrected, either on the spot or in five working days; if not informed after that time, the applicant shall be informed of all contents that need to be corrected. All the contents of the late notification, from the date of receipt of the application materials shall be accepted;
(C) application materials are complete, meet the statutory form, or the applicant submitted all the corrections in accordance with the requirements of the application materials, shall accept the application for administrative licenses.
Article 10 of the license authority of the applicant's application decision to accept, shall issue a "decision on acceptance"; decided not to accept, shall issue a "decision on inadmissibility", explaining the reasons for inadmissibility, and inform the applicant of the right to apply for administrative reconsideration or administrative litigation according to law.
Article XI of the license authority decides to accept the application, the applicant shall submit the application materials for review. According to the statutory conditions and procedures, the need to verify the substance of the application materials, the licensing authority shall assign two or more staff to verify.
Article XII of the licensing authority shall, within 20 working days from the date of acceptance, make a decision on whether to grant administrative licenses. 20 working days can not make a decision, with the approval of the head of the administrative organ, can be extended for 10 working days, and shall inform the applicant of the reasons for the extension of time.
Article 13 Where the applicant's application meets the statutory conditions, the licensing authority shall make a written decision to grant the administrative license in accordance with the law and notify the applicant to collect the Labor Dispatch License within 5 working days from the date of the decision.
The applicant's application does not meet the statutory requirements, the licensing authority shall, in accordance with the law, make a written decision not to grant administrative licenses, stating the reasons for not granting administrative licenses, and informing the applicant of the right to apply for administrative reconsideration or administrative litigation in accordance with the law.
Article XIV of the "labor dispatch license" shall contain the name of the unit, domicile, legal representative, registered capital, licensing matters, validity period, number, licensing authority and the date of issuance of the license and other matters. The Labor Dispatch License shall be divided into an original and a copy. The original and the copy have the same legal effect.
The Labor Dispatch License is valid for three years.
Labor Dispatch Business License" by the Ministry of Human Resources and Social Security to develop a unified style, by the provinces, autonomous regions and municipalities directly under the Central Human Resources and Social Security Administration is responsible for printing, free of charge, distribution and management.