Article 1 These Measures are formulated with reference to the relevant provisions of foreign labor cooperation and in combination with the characteristics of overseas labor services in order to strengthen the management of overseas labor services under foreign contracted projects, effectively protect the legitimate rights and interests of overseas laborers under foreign contracted projects and promote the healthy and orderly development of overseas contracted projects.

Article 2 The term "labor dispatch for foreign contracted projects" as mentioned in these Measures refers to the economic activities of enterprises (hereinafter referred to as related enterprises) that have the qualification to operate foreign contracted projects to dispatch all kinds of labor personnel to projects (including subcontracted projects) contracted overseas. All kinds of workers are employed by related enterprises, not foreign employers.

Article 3 Overseas labor services under foreign contracted projects are an integral part of foreign contracted projects. In order to support the development of foreign contracted projects, the state allows relevant enterprises to send all kinds of laborers to projects contracted overseas, but the relevant work should refer to the relevant management regulations on foreign labor cooperation.

Chapter II Corporate Responsibilities and Obligations

Article 4 The overseas labor services under foreign contracted projects are self-operated by the general contractor (foreign contractor), or the general contractor subcontracts part of the contracted projects together with the overseas labor services under it to subcontractors with the qualification of foreign contracted projects.

Article 5 The general contractor shall not subcontract the overseas labor services under this project or subcontract them separately. Subcontractors shall not subcontract or subcontract their contracted projects and overseas labor services.

Article 6 The general contractor or subcontractor shall directly sign a labor dispatch contract with the dispatched workers, and may not entrust any intermediary agency or individual to recruit the dispatched workers.

Article 7 The general contractor and subcontractor shall define their respective responsibilities and obligations according to the subcontract signed by both parties. The subcontractor shall accept the overseas labor service management of the project contracted by the general contractor, and the general contractor shall take overall responsibility for the overseas labor service management of the whole project.

Article 8 The general contractor and subcontractors shall implement the reserve fund system for foreign labor cooperation with reference to the Interim Measures for Foreign Labor Cooperation (Order No.2001of the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance) and the Decision on Amending the Interim Measures for Foreign Labor Cooperation (Order No.2 of the Ministry of Commerce and the Ministry of Finance in 2003).

Article 9 The general contractor and subcontractors shall sign labor dispatch contracts with overseas laborers before they go abroad to the project site. The contract signed shall comply with the relevant provisions of the Notice of the Ministry of Foreign Trade and Economic Cooperation on Printing and Distributing the Main Clauses of Labor Export Contracts (MOFTEC [1996] 105), ensure that the wage level of expatriate laborers is not lower than that of the same type of workers in the project location, and earnestly safeguard and safeguard the legitimate rights and interests of laborers.

Article 10 When conducting pre-departure training for labor dispatch personnel, the general contractor and subcontractors shall comprehensively, detailedly and truly introduce the relevant information, working and living conditions and wages of the dispatch country (region) and project to the labor dispatch personnel, educate the labor dispatch personnel to abide by the laws and regulations of the country where the project is located, and shall not take any improper means to intensify contradictions.

Eleventh in the process of project implementation, the problems reflected by the general contractor and subcontractors and the reasonable requirements put forward should be paid attention to, answered in time and properly solved.

Chapter III Project Review

Article 12 When applying for the bidding (negotiation) license for foreign contracted projects requiring self-service, the relevant enterprises shall submit the following materials in addition to the relevant materials to the Ministry of Commerce according to the requirements of the current relevant documents:

(1) List of labor services for foreign contracted projects (see annex). If the general contractor subcontracts some contracted projects together with foreign labor services, the general contractor shall submit the subcontract and the List of Foreign Labor Services under Foreign Contracted Projects filled out by the subcontractor.

(2) A clear opinion on the overseas labor service of the project issued by the economic and commercial institutions of Chinese embassies (consulates) abroad.

Chapter IV Handling of Labor Disputes

Article 13 Local commercial authorities, economic and commercial institutions of embassies (consulates) abroad and related enterprises should attach great importance to the handling of labor disputes and emergencies under foreign contracted projects, establish and improve a rapid response mechanism for labor disputes or emergencies under foreign contracted projects as soon as possible, properly handle problems in time, protect the legitimate rights and interests of overseas laborers, and avoid foreign-related incidents that damage China's reputation or trigger diplomatic disputes.

Fourteenth local commercial departments should strengthen the management and guidance of relevant enterprises, and urge relevant enterprises to establish a system of accountability. The legal representative of each enterprise is fully responsible for the labor dispatch work under the foreign contracted projects of this enterprise.

Fifteenth embassies (consulates) economic and commercial institutions should designate a person responsible for accepting and handling labor disputes or emergencies.

Article 16 In the event of labor disputes or emergencies, the relevant enterprises shall not in any way restrict overseas laborers from reporting the situation to the economic and commercial institutions of our embassies (consulates) abroad through appropriate means.

Seventeenth in the process of handling labor disputes and emergencies under foreign contracted projects, the division of labor and handling procedures of relevant departments can refer to the Notice of the Ministry of Commerce on Handling Overseas Labor Disputes or Emergencies (Shang He Fa [2003] No.249).

Chapter V Punishment Rules

Article 18 The Ministry of Commerce will punish acts that violate these Measures according to the seriousness of the case and relevant regulations.

Chapter VI Others

Article 19 The Ministry of Commerce shall be responsible for the interpretation of these Measures.

Twentieth these Measures shall come into force 30 days after the date of promulgation.

Attachment: List of Labor Export of Foreign Contracted Projects (omitted)