Rules on Approving Qualification of Host Institutions to Employ Foreign Cultural and Educational Experts
Article 1
For the purposes of promoting the healthy employment of foreign cultural and educational experts (here in after referred to foreign experts), strengthening administration and exercising macro-control effectively, and further enhancing the benefits in employing foreign experts, these rules are formulated in accordance with Provisional Measures on Cultural and Educational Foreign Experts Affairs promulgated by Cultural and Educational Foreign Experts Affairs promulgated by State Council(S C270,1980)and pertinent administrative rules and regulations concerning foreign nationals.
Article 2
All the host institutions employing foreign experts shall be governed by these rules, Host institutions herein include those who employ foreign experts and those domestic organizations recommending foreign experts in batches, Foreign experts here refer to the foreign staff in China employed in such departments as education, publicity, publishing, culture, arts, health care, sports, etc.
Article 3
State Administration of Foreign Experts Affairs is the administrative department in charge of the approval of qualification of host institutions employing foreign experts. Foreign affairs departments and educational departments in provinces, autonomous regions or municipalities directly under central government, and departments in charge of employing foreign experts in ministries, commissions and other administrations directly under central government, are entrusted by State Administration of Foreign Experts Affairs with the approval of qualification for employing foreign experts. When carrying out qualification approval work, departments in charge should consult with local public security organs.
Article 4
All host institutions employing foreign experts must hold the approved Qualification Certificate for Employing Foreign Experts, which is printed, issued, examined and approved by State Administration of Foreign Experts Affairs. Related administrative departments shall proceed with relevant procedures on the basis of the Certificate and administer according to the registered categories and projects. For institutions with out the Certificate, foreign affairs departments shall not issue invitation letters for the experts, public security organs shall not issue residence permit, and State Administration of Foreign Experts Affairs shall not approve their plan to employ foreign experts.
Article 5
All institutions planning to employ foreign experts may apply for the qualification certificate, Department in charge shall make the decision based on the institution’s implementation of rules and regulations issued by State Administration of Foreign Experts Affairs and other related rules and regulations, which basically includes:- Structure of administrative organizations, and political awareness and professional ability of the staff in functional departments;
- Formulation and implementation of related rules and regulations.
- Working condition, living facilities, reception capacity, and security;
- Experts affairs funds and matching funding;
- Integration of the project with the profession and the national development plan;
- Employment channels, quantity and quality of the experts candidates and structure of their majors and distributions.
Article 6
Those institutions which have already employed foreign experts should go through the make-up procedure to apply for qualification, When approving the application, besides those in article five, the following shall be examined:- Execution of the annual plan of employing foreign experts;
- Implementation of rules and regulations concerning salary, contract, teaching management, logistic service, social administration, etc;
- Benefits from the employment;
- Submission of required files and materials.
Article 7
All in institutions holding the Qualification Certificate for Employing Foreign Experts should go through annual examination and registration carried out by State Administration of Foreign Experts Affairs and other related administrative departments, and should conduct the foreign experts work in strict accordance with the categories and projects approved.
Article 8
For those host institutions whose administration is ineffective, benefits from employing foreign experts are poor, and are frequently problematic, appropriate punishment shall be imposed, or even qualification certificate be revoked according to the results of the annual examination. Those with excellent administration and remarkable benefits shall be rewarded accordingly.
Article 9
State Administration of Foreign Experts Affairs shall be responsible for the explanation and interpretation of these rules.