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China Beijing Q&A Concerning Setting up Foreign Invested Human Resources Agency

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Q: We are planning to set up a foreign invested company in Beijing China to conduct headhunting, executive search and recruitment business, what kind of license or permit do we need to obtain?
A: You need to apply for Business License with the Beijing Administration for Market Regulation for company incorporation and Human Resourcing Service Permit with the Beijing Human Resources and Social Security Bureau for headhunting and recruitment related business.

Q: After obtaining Human Resourcing Service Permit, what kind of business can we do?
A: Your company can do the following business:
  • Job Referral
  • Providing recruit and employment information to employers and individuals
  • Organizing on-site recruitment fair
  • Headhunting

Q: Is there any requirement on the capital or investment amount of a headhunting company to be registered in Beijing China?
A: No.

Q: We are a Hong Kong invested human resources service company, do we need to apply “Certificate of Hong Kong Service Supplier” based on Mainland and Hong Kong Closer Economic Partnership Agreement (CEPA)?
A: No need.

Q: How to apply for Human Resourcing Service Permit?
A: The applicant company needs to meet the following conditions:
  • Legally registered
  • With specific and clear M&A and management systems
  • A stable office with usable area of no less than 50 square meters
  • With necessary office facilities and funds to carry out executive search business
  • No less than 5 full-time staff with corresponding professional qualifications as stipulated; if on-site recruitment fairs are to be organized, the company needs to engage no less than 10 full-time qualified staff
  • Companies conducting job intermediary business via internet shall comply with the provisions concerning internet safety and internet information service released by the state or Beijing municipality.

Q: What documents are required for application of Human Resourcing Service Permit?
A: The applicant company needs to prepare the following materials:
  • Business license and chops
  • Materials related to the use of the office, such as lease agreement, copies of property ownership certificate, etc.
  • Resume of the full-time professional and qualified staff
  • Introduction of business developments and relevant agreements
  • Other application documents required

Q: Is there any other preparation the company needs to make after application is submitted?
A: Yes, office on-site inspection will be conducted by the Beijing Human Resources and Social Security Bureau to inspect the size of the office, number of staff, office facilities, regulations on job intermediary activities, etc.

Q:
How long does it take for the approval and issuance of the Human Resourcing Service Permit?
A: 27 working days after receipt of duly executed application documents.

Q: Can we carry out labour dispatching business after receipt of Human Resourcing Service Permit?
A: No, if labour dispatching business is to be conducted, your company needs to apply for labour dispatching permit.

Q: Are there any annual compliances to be complied with by foreign invested human resources company?
A: The company shall submit annual report to the Beijing Human Resources and Social Security Bureau within the stipulated period besides the ordinary annual inspections with the registration authorities and tax authorities.

Q: Can branch office of foreign invested company carry out human resources service?
A: Yes, if the foreign invested company has already obtained the Human Resourcing Service Permit in the city there the company is registered. The branch office needs to summit written report to local Human Resources and Social Security Bureau within 15 days after business license of the branch is issued.

Q: Our company does not carry out job intermediary business, but just do human resource related trainings and outsourcing, do we need to apply for the Human Resourcing Service Permit?
A: No, but you will need to arrange the registration of human resourcing service and obtain “human resourcing service registration voucher”.

Q: What kind of business can be conducted after receipt of the “registration voucher”?
A: Your company can carry out the following business:
  • Collection and release of human resources supply and demand information
  • Providing guidance of employment
  • Human resources management consultancy
  •  Human resources assessments
  • Human resources training
  • Human resources service outsourcing

Q: Is office on-site inspection required if we just apply for registration voucher of human resourcing service?
A: No.

Q: How long does it take for registration of human resourcing service?
A: 12 working days after receipt of duly executed registration documents.

Q: Our company will do job intermediary and human resources outsourcing business, do we need to apply for both the permit and the registration voucher?
A: Yes.

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