Interim Regulations for the Human Resources Market
Interim Regulations for the Human Resources Market
Interim Regulations for the Human Resources Market
Order of the State Council of the People's Republic of China No.700
June 29, 2018
Interim Regulations for the Human Resources Market adopted at the seventh executive meeting of the State Council on May 2, 2018 are hereby promulgated for implementation as of October 1, 2018.
Li Keqiang, Premier
Interim Regulations for the Human Resources Market
Chapter I General Provisions
Article 1 In order to standardize the activities of the human resources ("HR") market, expedite the rational flow of HR and optimize the allocation thereof and promote employment and entrepreneurship, the Interim Regulations for the Human Resources Market (the "Regulations") are hereby formulated pursuant to the Employment Promotion Law of the People's Republic of China and the relevant laws.
Article 2 The Regulations apply to the job hunting and recruitment in the HR market and the provision of HR services within the territory of the People's Republic of China.
Where any laws, administrative regulations and the State Council's provisions otherwise provide for job hunting, recruitment or the provision of HR services, such provisions shall prevail.
Article 3 The job hunting and recruitment in the HR market and the provision of HR services shall be conducted under the principles of legitimacy, fairness and integrity.
Article 4 The human resources and social security administrative department (the "Competent Department") of the State Council is responsible for the overall planning and comprehensive management of the national HR market.
The Competent Department of local governments at or above the county level shall be responsible for administration of the HR market in their respective administrative regions.
The relevant departments of the people's governments at or above the county level, such as development and reform, education, public security, finance, business, taxation, and market supervision and management, are required to manage their HR markets well within their respective responsibilities.
Article 5 The State will strengthen the standardization of HR services to give full play to the role of HR service standards in industry guidance, services standardization, market supervision and so on.
Article 6 HR service associations shall formulate self-discipline standards in accordance with the laws, regulations, rules and their articles of association to promote the construction of integrity, improve the quality of services, guide and supervise the HR service activities of members, safeguard the rights and interests of members in accordance with the law, reflect the demands of the members, and promote the fair competition in the industry.
Chapter II Cultivation of the HR Market
Article 7 To play a decisive role in the allocation of HR, the State has established a unified, open, competitive and orderly HR market system to improve the development mechanism of HR, stimulate the vitality of HR in terms of innovation, creation and entrepreneurship, and promote the prosperity and development of the HR market.
Article 8 The State has established a HR flow allocation mechanism under which the governments exercise control on a macroscopic basis, which advocates fair competition in the market, under which employers recruit employees independently and HR service providers serve in an honest manner.
Article 9 People's governments at or above the county level shall incorporate the construction of the HR market into their planning of national economic and social development, promote the same via regional, industrial and land policies, develop professional and industrial HR markets, encourage and standardize the development of high-end HR services and so on and improve the development level of the HR service industry.
The State encourages social forces to participate in the construction of the HR market.
Article 10 People's governments at or above the county level have established a system making information available on the supply and demand of the HR market covering urban and rural areas and various industries, perfected the system of market information release, and provides services for job hunting and recruitment.
Article 11 The State guides and promotes the rational flow of HR among organs, enterprises, public institutions, social organizations and different regions.
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Order of the State Council of the People's Republic of China No.700
June 29, 2018
Interim Regulations for the Human Resources Market adopted at the seventh executive meeting of the State Council on May 2, 2018 are hereby promulgated for implementation as of October 1, 2018.
Li Keqiang, Premier
Interim Regulations for the Human Resources Market
Chapter I General Provisions
Article 1 In order to standardize the activities of the human resources ("HR") market, expedite the rational flow of HR and optimize the allocation thereof and promote employment and entrepreneurship, the Interim Regulations for the Human Resources Market (the "Regulations") are hereby formulated pursuant to the Employment Promotion Law of the People's Republic of China and the relevant laws.
Article 2 The Regulations apply to the job hunting and recruitment in the HR market and the provision of HR services within the territory of the People's Republic of China.
Where any laws, administrative regulations and the State Council's provisions otherwise provide for job hunting, recruitment or the provision of HR services, such provisions shall prevail.
Article 3 The job hunting and recruitment in the HR market and the provision of HR services shall be conducted under the principles of legitimacy, fairness and integrity.
Article 4 The human resources and social security administrative department (the "Competent Department") of the State Council is responsible for the overall planning and comprehensive management of the national HR market.
The Competent Department of local governments at or above the county level shall be responsible for administration of the HR market in their respective administrative regions.
The relevant departments of the people's governments at or above the county level, such as development and reform, education, public security, finance, business, taxation, and market supervision and management, are required to manage their HR markets well within their respective responsibilities.
Article 5 The State will strengthen the standardization of HR services to give full play to the role of HR service standards in industry guidance, services standardization, market supervision and so on.
Article 6 HR service associations shall formulate self-discipline standards in accordance with the laws, regulations, rules and their articles of association to promote the construction of integrity, improve the quality of services, guide and supervise the HR service activities of members, safeguard the rights and interests of members in accordance with the law, reflect the demands of the members, and promote the fair competition in the industry.
Chapter II Cultivation of the HR Market
Article 7 To play a decisive role in the allocation of HR, the State has established a unified, open, competitive and orderly HR market system to improve the development mechanism of HR, stimulate the vitality of HR in terms of innovation, creation and entrepreneurship, and promote the prosperity and development of the HR market.
Article 8 The State has established a HR flow allocation mechanism under which the governments exercise control on a macroscopic basis, which advocates fair competition in the market, under which employers recruit employees independently and HR service providers serve in an honest manner.
Article 9 People's governments at or above the county level shall incorporate the construction of the HR market into their planning of national economic and social development, promote the same via regional, industrial and land policies, develop professional and industrial HR markets, encourage and standardize the development of high-end HR services and so on and improve the development level of the HR service industry.
The State encourages social forces to participate in the construction of the HR market.
Article 10 People's governments at or above the county level have established a system making information available on the supply and demand of the HR market covering urban and rural areas and various industries, perfected the system of market information release, and provides services for job hunting and recruitment.
Article 11 The State guides and promotes the rational flow of HR among organs, enterprises, public institutions, social organizations and different regions.
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