Articles of Association and System of Talent Intermediary Service Institutions Chapter I General Provisions Article 1 (Purpose and Basis) In order to strengthen the management of human resources market in this Municipality, standardize the business activities of talent intermediary service institutions and professional intermediaries, optimize administrative examination and approval procedures, improve management methods and improve administrative efficiency, according to the Regulations on the Administration of Talent Market, the Regulations on Employment Services and the Regulations on Employment Management, Article 2 of the Trial Measures of Shanghai Municipality on Informing Commitment of Administrative Examination and Approval and Announcement on Implementing Informing Commitment in this Municipality (Scope of Application) These Measures are applicable to the examination, approval, supervision and management of the establishment of domestic talent intermediary service agencies and for-profit professional intermediary agencies within the administrative area of this Municipality. Article 3 (Division of Responsibilities) The Municipal Human Resources and Social Security Bureau is responsible for formulating relevant policies in accordance with national laws and regulations and the relevant provisions of this Municipality, and guiding and supervising the implementation of the examination and approval of the establishment of talent intermediary service agencies and professional intermediary agencies by the human resources and social security bureaus in all districts and counties. The human resources and social security bureaus of all districts and counties are specifically responsible for the establishment, approval and daily management supervision of talent intermediary service agencies and professional intermediaries within their respective administrative areas. Chapter II Relevant Provisions on Examination and Approval of Talent Intermediary Service Institutions Article 4 Enterprises and individuals may apply for the establishment of talent intermediary service institutions. Article 5 (Business Projects) Talent intermediary service institutions may carry out the following business projects: (1) Collecting, sorting, storing, publishing and consulting services of talent supply and demand information; (2) Talent information network service; (3) talent recommendation; (4) talent recruitment; (5) personnel training; (6) talent evaluation; (seven) other related businesses as stipulated by laws, regulations and rules. The examination and approval authority may approve one or more businesses according to the needs of the economic and social development of the region or industry where the applicant is located, as well as the applicant's own equipment conditions, personnel and management. Article 6 (Application Conditions) The establishment of a talent intermediary service institution shall meet the following basic conditions: (1) It has the ability to bear civil liabilities independently; (2) Having premises and facilities suitable for the development of talent agency business (the office premises and business premises shall be commercial buildings with a construction area of not less than 50 square meters, and the lease contract period shall be more than one year if leased), and the registered capital (gold) shall not be less than 65.438 billion yuan; (three) there are more than five staff members who have obtained the professional qualification certificate of talent agency; (4) Having sound and feasible work norms and articles of association; (5) Having other conditions as prescribed by relevant laws and regulations. Among them, those who apply to engage in the business in Item (2) of Article 5 must obtain the Value-added Telecommunication Business License of the People's Republic of China issued by Shanghai Communications Administration in addition to meeting the basic requirements. Have the environmental conditions and corresponding equipment to carry out talent information network services; There are a group of professional engineers and technicians who specialize in computer information and network services; Meet other conditions stipulated by laws and regulations. To apply for the business in Item (5) of Article 5, in addition to meeting the basic conditions, full-time and part-time personnel with training management experience and training programs that meet the needs of this Municipality are required; Having venues and facilities suitable for the training program. To apply for the business of Item (6) of Article 5, in addition to meeting the basic requirements, there must also be full-time staff engaged in talent evaluation technology; Have advanced talent evaluation software and corresponding equipment certification. Article 7 (Application Materials) To apply for the establishment of a talent intermediary service institution, the following basic materials shall be submitted: (1) Application Form for the Establishment of a Talent Intermediary Service Institution in Shanghai; (two) the original and photocopy of the notice of approval of the organization name or business license and company code certificate; (three) the professional qualifications and labor contract of the staff, the resume and identity certificate of the legal representative; (4) Proof of the right to use the premises (proof of the nature and area of the premises for office and business, with lease contract and property certificate attached to the leased premises) and list of working equipment (model and quantity); (five) the registered capital (gold) certification materials; (six) the work norms and articles of association of the talent intermediary service institutions; (seven) other materials that need to be provided. Among them, the application for engaging in the business of Article 5 (2) shall, in addition to the basic materials, also submit the business license for value-added telecommunications services; Network service equipment certificate; Certificate of full-time network information engineering technicians. To apply for the fifth (five) business, in addition to the basic materials, it shall also submit the full-time teacher certificate; Proof of the training project or course to be carried out; The corresponding training syllabus and training materials; Proof of teaching site and teaching facilities. To apply for the fifth (six) business, in addition to the basic materials, it should also submit the evaluation technology or software certificate; Certificate of conformity of corresponding evaluation equipment; Work certificate of full-time evaluator. Chapter III Relevant Provisions on Examination and Approval of Vocational Intermediaries Article 8 Enterprises and individuals may apply for the establishment of vocational intermediaries. Article 9 (Business Projects) Vocational intermediary agencies may engage in the following businesses: (1) Introducing employers to workers; (2) Recommending laborers for employers and families; (three) to carry out vocational guidance and human resource management consulting services; (4) Collecting and publishing information on occupational supply and demand; (5) Engaging in Internet professional information services according to the relevant provisions of the state; (6) Organizing job fairs; (seven) other services approved by the Municipal Human Resources and Social Security Bureau. Article 10 (Application Conditions) The establishment of a professional intermediary institution shall meet the following conditions: (1) It is specialized in professional intermediary business and has the ability to bear civil liabilities independently; (two) the legal representative and the principal responsible person shall have more than 3 years of working experience in labor and personnel, and the principal responsible person and staff shall have a high school education or above, have received professional training, and have obtained corresponding professional qualifications; (3) Having places and facilities suitable for carrying out professional intermediary business (the houses for offices and business premises shall be commercial houses with a construction area of not less than 50 square meters, and the lease contract period shall be more than one year if leased) and a certain amount of start-up capital; (4) Having a certain number of full-time staff with corresponding professional qualifications: 1. To set up a company as a legal person, there shall be more than 5 job introduction brokers; 2, the establishment of a partnership should have more than 2 professional brokers; 3. A sole proprietorship enterprise shall have 1 or more professional brokers. (5) Having a sound and feasible constitution and management system. (6) Among them, those who intend to apply for the establishment of a family labor agency must be independent institutions with a registered capital of 654.38 million yuan (including 654.38 million yuan); Having the place and necessary facilities needed for carrying out intermediary activities; The main person in charge and the staff should have permanent residence in this city or obtain a residence permit in Shanghai. The main person in charge should have a college degree or above within the legal working age, and at least three staff members have received professional training and obtained corresponding employment certificates. (seven) other conditions stipulated by laws and regulations. Article 11 (Application Materials) To apply for the establishment of a professional intermediary institution, the following materials shall be submitted: (1) Application Form for the Establishment of a Profit-making Professional Intermediary Institution in Shanghai; (2) Notice of approval of organization name or business license and organization code certificate; (3) Basic information and identity certificate of the person-in-charge to be appointed (certificate of education of the legal representative and principal person-in-charge of the institution and certificate of more than 3 years' labor and personnel work experience); (4) Relevant certificates of full-time staff (academic credentials, certificates of employment agencies and labor contracts); (five) proof of the right to use the premises (proof of the nature and area of the premises for office and business, and the lease contract and property right certificate attached to the leased premises); (6) Capital verification report of registered capital (gold); (7) Draft articles of association and management system; (eight) other materials as prescribed by laws and regulations. Chapter IV Examination and Approval Procedures Article 12 (Procedure Flow of Examination and Approval) The establishment of domestic talent intermediary service institutions and for-profit professional intermediaries shall be subject to the examination and approval system and the notification and commitment system. (a) the applicant on-site or log on to 265438+20th Century Talent Network (website www.2 1cnhr.gov.cn) or 12333 Network (website www.kloc-0/2333sh.gov.cn) and report to the county human resources and social security bureau where the proposed institution is located. With the consent of the County Human Resources and Social Security Bureau, the applicant can download and receive the Commitment Letter for Informing the License of Talent Intermediary Service or the Commitment Letter for Informing the License of Professional Intermediary Service (hereinafter referred to as the Commitment Letter) on the spot or online. (2) Within 10 working days after receiving the Letter of Commitment for Informing, the applicant shall submit the Letter of Commitment for Informing signed or sealed by himself (in duplicate) and all the application materials specified in Article 7 or Article 11 of the Trial Measures to the County Human Resources and Social Security Bureau. County Human Resources and Social Security Bureau shall make an administrative examination and approval decision on the spot, and issue the License for Human Resources Service or the License for Family Service Introduction. (3) After obtaining the license, the applicant shall go through the formalities of industrial and commercial registration with the administrative department for industry and commerce. Article 13 (Follow-up Supervision) The county human resources and social security bureau shall, within 2 months from the date of issuing the certificate, verify whether the applicant's commitment is true. If it is found that the actual situation is inconsistent with the promised content, it is required to make rectification within a time limit; If the rectification still does not meet the requirements, the administrative examination and approval authority shall revoke the administrative examination and approval decision according to law, cancel its license, publicize it on the website of the administrative organ, and send a copy to the administrative department for industry and commerce at the same level. Within 2 months from the date of issuing the certificate, if a report or complaint is made in violation of the relevant laws and regulations on intermediary services, the labor security supervision department and the daily management department of the intermediary institution shall jointly carry out supervision. Article 14 (Notice of Closing) The county human resources and social security bureau shall publish the list of approved talent intermediary service agencies and professional intermediaries through the websites of administrative organs and other channels. Article 15 (Change and Termination) If a talent intermediary service institution changes or terminates its name, legal representative and business premises, it shall be implemented in accordance with the Interim Measures of Shanghai Municipality on the Administration of Talent Intermediary Service Institutions (No.2006108); The change of name, legal representative, business premises or termination of a professional intermediary institution shall be implemented in accordance with the Administrative Opinions of this Municipality on for-profit employment agencies (No.3 [2003] of Shanghai Labor Insurance). Article 16 (Establishment of Branches) Where a talent intermediary service institution establishes a branch, it shall be implemented in accordance with the Notice on Relevant Matters Concerning the Establishment of Branches by Talent Intermediary Service Enterprises (Ren Hu [2005] No.203); The establishment of branches by professional intermediary institutions shall be implemented in accordance with the Administrative Opinions of this Municipality on for-profit employment agencies (No.3 [2003] of Shanghai Labor Insurance). Chapter V Supplementary Provisions Article 17 (Integrity Archives) If the administrative examination and approval authority finds that the applicant has made false promises during the examination and subsequent supervision, it shall make rectification within a time limit in accordance with the provisions of Article 13 of these Measures. If the applicant still does not meet the requirements after rectification, the administrative examination and approval decision shall be revoked according to law, and the license shall be cancelled; In the same administrative examination and approval application of the applicant in the future, the notification commitment examination and approval method will no longer be applicable; If the applicant commits other illegal acts during the period of obtaining the license, he shall bear corresponding legal responsibilities. Article 18 (Handling of the Applicant's Unwilling to Commit) is an administrative examination and approval item of informing commitment. If the applicant is unwilling to commit, the administrative examination and approval authority shall make provisions in accordance with the Interim Measures for the Administration of Talent Intermediary Service Institutions in Shanghai (No.Hu Renfa [2006]108) and the Administrative Opinions of this Municipality on Profit-making Employment Agencies (No.3 [2003] of Shanghai Labor Insurance). Article 19 (Supervision and Management) The daily administrative requirements and annual standardized operation inspection of talent intermediary service institutions and professional intermediary institutions shall continue to be implemented in accordance with the Interim Measures for the Administration of Talent Intermediary Service Institutions in Shanghai (No.3 of Shanghai Labor Insurance [2006]108) and the Administrative Opinions of this Municipality on Profit-making Employment Agencies (No.3 of Shanghai Labor Insurance [2003]). Article 20 (Implementation Date) These Measures shall come into force as of the date of promulgation. If the Interim Measures for the Administration of Talent Intermediary Service Institutions in Shanghai (No.0/08, HU Ren Fa [2006]) and the Administrative Opinions on Profit-making Employment Agencies in this Municipality (No.3, HU Labor Insurance [2003]) are inconsistent with these measures, these measures shall prevail. The original Notice of Shanghai Labor and Social Security Bureau on Amending the Permit for Profit-making Employment Introduction (No.31No.2007 of Shanghai Labor Protection Bureau) and the Commitment Letter of Shanghai Personnel Bureau on Informing the License for Talent Agency Service are abolished. Attachment: 1, application form for establishing domestic talent intermediary service institutions in Shanghai (omitted) 2, application form for establishing for-profit professional intermediary institutions in Shanghai (omitted) 3, commitment letter for informing talent intermediary service (qualification approval of domestic talent intermediary service institutions) (omitted) 4, commitment letter for informing professional intermediary service (qualification approval of for-profit professional intermediary institutions) (omitted) 5.
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