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为进一步加强对外劳务合作业务管理,规范企业经营行为,切实维护外派劳务人员的合法权益,促进我国对外劳务合作业务持续、健康发展,近日,外经贸部部长石广生、财政部部长项怀诚共同签署2001年第七号部长令,发布《对外劳务合作备用金暂行办法》,自2002年1月1日起执行。这是我国对外劳务合作业务管理和维护外派劳务人员合法权益的又一重大举措。《办法》共分总则、备用金交纳、备用金的动用、备用金的管理、罚则和附则六个部分。《办法》明确规定备用金是由对外经济合作企业交纳,用于解决外派劳务人员遭遇突发事件的专用款项,实行专户存储、专款专用。凡经外经贸部核准取得对外经济合作经营资格的企业必须缴纳备用金,备用金的本、息为交纳的企业所有。备用金的交纳标准按企业经营范围分为两档:向境外派遣各类劳务人员的企业交纳标准为100万元人民币;向境外派遣相关行业劳务人员的企业交纳标准为20万元人民币;西部地区企业和少数民族地区的企业可适当降低交纳标准。对经营良好且连续三年未动用备用金的企业适当返还备用金。对违规企业予以行政处罚。目前,我国具有对外劳务合作经营资格的企业已达1600多家,业务遍及全球180多个国家和地区,外派劳务由开始时的建筑工程劳务逐渐向多领域扩展。截至今年10月底,我
In order to further strengthen the management of foreign labor service cooperation, standardize the operation of enterprises, earnestly safeguard the legitimate rights and interests of migrant workers and promote the continuous and healthy development of China’s foreign labor service cooperation, Shi Guangsheng, Minister of Foreign Trade and Economic Cooperation, and Xiang Huaicheng, minister of the Ministry of Finance Sign the No. 7 Ministerial Decree of 2001 and Promulgate the Interim Measures on Reserve Fund for Foreign Labor Services Cooperation since January 1, 2002. This is yet another major measure for the management of China’s foreign labor service cooperation and for the safeguarding of the legitimate rights and interests of the overseas labor service personnel. The “Measures” are divided into six sections: general rules, reserve payments, the use of reserves, management of reserves, penalties and supplementary provisions. The Measures clearly stipulate that the reserve fund is paid by the foreign-funded economic cooperation enterprises for the purpose of solving the special funds incurred by the dispatched laborers in the event of emergencies and implementing special account storage and earmarking. Enterprises approved by the MOFTEC to obtain the qualifications for foreign economic cooperation must pay the reserves and the reserves for the enterprises that pay them. The standard for the payment of reserve funds is divided into two tranches according to the business scope of the enterprise: the standard for enterprises that dispatched all kinds of labor services abroad is 1 million yuan; the standard for enterprises that send labor personnel to other countries to pay is 200,000 yuan; the western region Enterprises and enterprises in ethnic minority areas may appropriately reduce their payment standards. Proper return of the reserve fund to a well-run enterprise that has not used the reserve fund for three consecutive years. Violation of the enterprise to be given administrative punishment. At present, there are over 1,600 enterprises in our country that have the qualifications for foreign labor service cooperation and cooperation. They operate in more than 180 countries and regions. The overseas labor service has gradually expanded from construction work to multi-fields. As of the end of October this year, I