These Measures shall not apply to the intermediary activities of China citizens studying abroad, overseas employment and organizing China citizens to travel abroad and provide labor services at their own expense. Article 3 The Ministry of Public Security is in charge of intermediary activities throughout the country. Local public security organs shall, in accordance with the requirements of the Ministry of Public Security, be responsible for the qualification identification of private entry-exit intermediaries (hereinafter referred to as intermediaries) and the business management, supervision and inspection of intermediary activities. The number and distribution of intermediary agencies should be adapted to the situation of private entry and exit activities.
The administrative department for industry and commerce is responsible for the market management of intermediary activities. Article 4 Intermediary activities shall follow the principles of openness and fairness, honesty and credibility, fair competition, standardized services and voluntary compensation. Chapter II Establishment of Intermediary Agencies Article 5 To establish an intermediary agency, an application shall be submitted to the exit-entry administration department of the municipal public security organ where the agency is located, and after the qualification of the provincial public security organ is confirmed, it shall be reported to the Ministry of Public Security for the record. If qualified, the provincial public security organ shall issue a business license for private entry-exit intermediary agencies (hereinafter referred to as the business license) valid for five years.
The applicant shall apply to the administrative department for industry and commerce for registration according to law with the business license. After registration, it shall be filed with the exit-entry administration department of the municipal public security organ where the institution is located. Article 6 The establishment of an intermediary institution shall meet the following conditions:
(1) It meets the requirements for the establishment of an enterprise as a legal person;
(2) The legal representative shall be a citizen of China who has a fixed residence in China and has full capacity for civil conduct, and shall comply with the relevant provisions on the registration and administration of legal representatives of enterprises, and shall not have been subjected to criminal punishment for the crime of disturbing the order of state (border) administration;
(3) Having staff members who are familiar with the entry and exit laws, regulations and policies of China and relevant countries, including at least 5 staff members; The main staff should have a college degree or above, and have not been criminally punished for the crime of disturbing the management order of the country (border). Among them, there should be foreign language, law and accounting personnel with professional qualifications;
(four) the establishment of rules and regulations to ensure the normal operation of intermediary activities, the implementation of the management and responsible personnel;
(5) It has established cooperation and exchange relations with relevant foreign entry-exit service agencies, and directly signed an effective letter of intent or agreement for cooperation. Article 7 To apply for a business license, the following materials shall be submitted (in duplicate):
(1) Fill in a complete Application Form for Qualification of Entry-Exit Intermediaries for Private Purposes;
(two) the resumes of the legal representative, the principal responsible person and the main staff, and the relevant identity and qualification certificates;
(3) An effective letter of intent or agreement (in Chinese and foreign languages) signed directly with foreign entry-exit service agencies, and the legal qualification certificate of the foreign signatory certified by Chinese embassies and consulates abroad;
(4) A capital verification certificate issued by a legally qualified capital verification institution;
(5) Articles of association of the enterprise;
(six) rules and regulations to ensure the normal operation of intermediary activities;
(seven) the feasibility report of the intermediary activities to be carried out;
(eight) the proof of the use of the domicile and business premises;
(nine) the name of the enterprise pre-approved by the administrative department for Industry and commerce. Eighth public security organs shall complete the qualification work within 60 working days after accepting the application. In line with the qualification conditions, the provincial public security organ shall submit the application materials (copies) together with the qualification report to the Ministry of Public Security for the record. Do not meet the qualification conditions, the public security organ that accepts the application shall promptly notify and return the application materials to the applicant. Article 9 Applications for a Business License by overseas institutions, individuals and foreign institutions in China shall not be accepted. Chapter III Operation of Intermediaries Article 10 Intermediaries may provide the following services for persons who settle abroad, visit relatives and friends, inherit property and engage in other non-official activities:
(1) Introduction of entry and exit information at home and abroad;
(2) Chinese laws and regulations on exit and entry administration and relevant state laws and regulations;
(3) Communicating or cooperating with the entry-exit service agencies of relevant countries, and providing corresponding certification materials for the clients' legal entry and exit;
(4) Guiding and assisting clients to legally apply for visas to their countries;
(5) Text translation of relevant materials;
(6) Training clients in relevant national languages, common sense and skills;
(7) Arrangement and reception of overseas customers;
8. Other related businesses approved by the competent authority. Eleventh intermediary institutions shall carry out intermediary activities within the administrative areas of this province, autonomous region and municipality directly under the central government.
When an intermediary establishes a branch, it shall go through the qualification formalities in accordance with the provisions of Chapter II of these Measures and deposit a reserve fund.