Management Measures for Overseas Personnel Practicing in the Hainan Free Trade Port (Trial)

Chapter I General Provisions

Article 1 For the purposes of meeting Hainan's needs to further deepen reform and opening up, easing restrictions on overseas personnel providing professional services directly to enterprises and residents within the Hainan Free Trade Port, and accelerating the construction of the Hainan Free Trade Port, these Measures are formulated, in accordance with the Master Plan for the Construction of Hainan Free Trade Port, as well as the actual conditions in Hainan.

Article 2 These Measures are applicable to overseas personnel providing relevant professional services directly to enterprises and residents within the Hainan Free Trade Port with their overseas professional qualifications.

For the purposes of these Measures, overseas personnel refer to overseas personnel who have been employed by employers within the Hainan Free Trade Port and have obtained overseas professional qualifications.

For the purposes of these Measures, overseas professional qualifications refer to qualifications set up by overseas governments or institutions related to professions that concern public interest or public safety, personal health, as well as life and property (excluding qualifications such as certified public accountants and legal services).

Article 3 The talent work department of the CPC Hainan Provincial Committee and the provincial human resources and social security department, in conjunction with relevant provincial sectoral regulators, shall formulate a directory of recognized overseas professional qualifications based on the construction needs of Hainan Free Trade Port and adjust the directory dynamically.

Article 4 Before overseas personnel provide relevant professional services directly to enterprises and residents within the Hainan Free Trade Port with their overseas professional qualifications listed in the directory, they must meet the relevant conditions and undergo skill recognition to obtain the Skill Recognition Certificate for Overseas Personnel in the Hainan Free Trade Port.

Chapter II Recognition

Article 5 The provincial sectoral regulators shall be departments responsible for the organization and implementation of skill recognition for overseas personnel in their respective industries and shall formulate the skill recognition standards for overseas personnel in certain industries.

Article 6 All overseas personnel who follow the Constitution of the People's Republic of China, as well as other laws and regulations, have full capacity for civil conduct and good professional ethics, and have obtained a valid work permit issued by the relevant department of Hainan Province may apply to skill recognition.

Article 7 The skill recognition of overseas personnel may be carried out by material review, oral defense, examination or assessment, etc., and the specific methods shall be determined by provincial sectoral regulators.

Article 8 The skill recognition of overseas personnel shall be carried out in accordance with the following procedures:

i. Application. For overseas personnel applying for skill recognition, the employer shall make the application to the provincial one-stop talent service window, and submit the employment agreement or labor contract of the applicant, the overseas professional qualification certificate (Chinese version translated by a translation company), the scope of professional services and the employer's letter of commitment on the authenticity and validity of the overseas professional qualification of the applicant, etc.

ii. Acceptance. The provincial one-stop talent service window shall carry out the preliminary review of the application materials, and accept the application if the materials are complete, or inform the applicant of all the materials to be supplemented or corrected at one stroke if the materials are not complete, or give the reasons if the applicant does not meet the relevant requirements and thus refuses to accept the application. The provincial one-stop talent service window shall transfer the accepted materials to provincial sectoral regulators within two working days from the date of acceptance.

iii. Recognition. The provincial sectoral regulators shall conduct skill recognition for applicants, and make a decision on whether the applicants pass the recognition within 20 working days from the date of acceptance. For those who pass the skill recognition, the scope of professional services shall be determined according to their skill levels and other circumstances; for those who fail, reasons shall be given in writing and the application materials shall be returned.

iv. Certificate issuance. The provincial sectoral regulators shall issue the Skill Recognition Certificate for Overseas Personnel in the Hainan Free Trade Port to the overseas personnel who have passed the skill recognition, on which the scope of professional services and validity period shall be noted.

Article 9 The Skill Recognition Certificate for Overseas Personnel in Hainan Free Trade Port, as a valid certificate indicating that overseas personnel are qualified to engage in the relevant professional services in Hainan Free Trade Port, shall be kept and used by the overseas personnel themselves.

The Skill Recognition Certificate for Overseas Personnel in Hainan Free Trade Port shall be printed by provincial sectoral regulators in accordance with the uniform format across the province.

Chapter III Practice

Article 10 Overseas personnel holding the Skill Recognition Certificate for Overseas Personnel in Hainan Free Trade Port (hereinafter referred to as the "overseas certificate holders") have the same rights as similar professionals in Hainan Province within the stipulated scope of professional services and period.

Where an overseas certificate holder provides professional services that require the domestic practicing seal to be affixed, the relevant competent authorities in the Hainan Free Trade Port shall recognize the signature of the overseas personnel and the seal of his/her employer affixed thereto.

Article 11 When engaging in the relevant professional services in the Hainan Free Trade Port, overseas certificate holders shall fulfill the following obligations:

i. Providing services within the stipulated scope of professional services;

ii. Complying with the relevant provisions of laws and regulations of the People's Republic of China, as well as professional ethics, ensuring service quality, and safeguarding public interest;

iii. Keeping confidentiality of any secrets of organizations and individuals which have come to their knowledge in the course of provision of professional services; and

iv. Any other obligations stipulated by the provincial sectoral regulators.

Chapter IV Regulation

Article 12 Sectoral regulators shall implement supervision and inspection of professional services of overseas certificate holders pursuant to the provisions of these Measures. During supervision and inspection, the parties concerned may be questioned on the relevant information of the professional services and the relevant materials may be reviewed, the relevant organizations and individuals shall cooperate.

Article 13 Employers shall establish a professional service credit file for overseas certificate holders. The credit file shall include contents such as profile, performance, good conduct and bad conduct, etc. of overseas certificate holders. Violations, complaints and reports, and administrative punishment shall be deemed as bad conduct of the overseas certificate holders and recorded in the professional service credit file.

Employers shall, at the end of each year, report the credit status of professional services of employed overseas certificate holders to the provincial sectoral regulators.

Article 14 Where overseas personnel, in violation of these Measures, engage in the relevant professional services without skill recognition, or engage in the relevant professional services beyond the scope, the relevant sectoral regulators shall not recognize, and shall handle the case with reference to the provincial provisions on practicing without professional (practice) qualifications or undertaking business beyond the scope of practice.

Article 15 Where overseas certificate holders violate these Measures, with the Skill Recognition Certificate for Overseas Personnel in the Hainan Free Trade Port deregistered by provincial sectoral regulators, their application for skill recognition shall not be accepted within three years; where a major safety accident is caused, such application shall not be accepted for life.

Article 16 Where overseas personnel apply for skill recognition by providing false materials, provincial sectoral regulators shall not accept their application and shall record them in the credit blacklist. These personnel shall not apply for skill recognition again within three years.

Article 17 Where employers fail to submit the credit status of professional services of overseas certificate holders as stipulated, provincial sectoral regulators shall order them to correct within a prescribed time limit; if employers fail to correct within the prescribed time limit, the application for skill recognition of their overseas personnel may be suspended.

Article 18 The provincial sectoral regulators shall establish an information reporting system for overseas certificate holders, and publish, on their websites or public websites, the list of overseas personnel who have passed the skill recognition and corresponding scope of professional services, the validity period thereof and the list of overseas certificate holders whose Skill Recognition Certificate for Overseas Personnel in Hainan Free Trade Port has been deregistered, as well as the violations conducted by overseas certificate holders, in a timely manner.

Article 19 The provincial sectoral regulators shall establish a mechanism for adjusting the management policies for overseas personnel practice. Based on the development needs of the sector and the professional services of overseas certificate holders, regulations governing the practice of overseas personnel in the sector shall be refined in a timely manner.

Chapter V Supplementary Provisions

Article 20 The provincial sectoral regulators may formulate the implementation rules for the management of overseas personnel practice in corresponding sectors in accordance with these Measures.

Where there are national provisions regarding the practice of Hong Kong, Macau and Taiwan compatriots in the Hainan Free Trade Port, these provisions shall prevail.

Article 21 These Measures shall be interpreted by the Talent Development Bureau of the CPC Hainan Provincial Committee and the Department of Human Resources and Social Security of Hainan Province.

Article 22 These Measures shall come into force as of the date of issuance.