Announcement of the Standing Committee of the 13th People's Congress of Guangdong Province (No. 97)

The Regulations on the Human Resources Market of Guangdong Province, adopted at the 37th Meeting of the Standing Committee of the 13th People's Congress of Guangdong Province on December 1, 2021, are hereby promulgated and shall come into force as of January 1, 2022.
Standing Committee of Guangdong Provincial People's Congress

December 1, 2021
Regulations of Guangdong Province on Human Resources Market
(Adopted at the 37th Meeting of the Standing Committee of the 13th People's Congress of Guangdong Province on December 1, 2021)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Employment Promotion Law of the People's Republic of China, the Interim Regulations on the Human Resources Market and other laws and administrative regulations, and in combination with the actual situation of the province, in order to regulate the human resources market activities, promote the rational flow and optimal allocation of human resources, and promote employment and entrepreneurship.

Article 2 These Regulations are applicable to job hunting, recruitment and human resources services through the human resources market in the administrative regions of the province.

Article 3 The people's governments at or above the county level shall incorporate the development of the human resources market into the relevant plans for national economic and social development, and improve the unified and open human resources market system with orderly competition.
The competent human resources and social security departments of the people's governments at or above the county level are responsible for the management of the human resources market in their respective administrative regions.
Development and reform, education, public security, finance, commerce, taxation, market supervision and management, network information, ex servicemen affairs and other relevant departments should do a good job in the management of the human resources market within their respective responsibilities

Article 4 The competent department of human resources and social security of the provincial people's government shall strengthen the standardization of human resources services according to law, and promote the formulation of local standards for human resources services as needed.
The local standards for human resources services shall be formulated and promulgated by the standardization administrative departments of the people's governments at or above the provincial and prefectural levels.
The competent human resources and social security departments of the people's governments at or above the county level shall strengthen the promotion and application of human resources service standards.

Article 5 The human resources service industry association shall accept the business guidance of the competent department of human resources and social security, formulate self-discipline norms in the industry in accordance with the provisions of laws, regulations, rules and their articles of association, guide and supervise the human resources service activities of members, safeguard the legitimate rights and interests of members in accordance with the law, and promote fair competition in the industry.

Chapter II Cultivation of Human Resources Market

Article 6 People's governments at or above the county level shall formulate and implement regional, industrial, land, education, finance, science and technology and other policies to promote the development of the human resources service industry, promote the construction of the human resources market, develop professional and industrial human resources markets, support and standardize the development of high-end human resources services and other forms of business, and promote the high-quality development of the human resources service industry.

Article 7 The people's governments at or above the county level shall strengthen the construction of human resources service industry platforms, promote the construction of national, provincial and municipal human resources service industrial parks that are innovative and meet market demands, guide the agglomeration of capital, technology, human resources and other elements, and build the whole industrial chain of human resources service.
We will support local governments where conditions permit to set up development funds for human resources services, and encourage social funds to invest in cutting-edge areas of human resources services and innovative forms of business.
Those identified as national and provincial human resources service industrial parks shall enjoy government subsidies and policy support in accordance with relevant regulations.

Article 8 People's governments at or above the county level shall strengthen the cultivation of various human resources service institutions, and increase the supply of human resources services by building backbone human resources service enterprises, developing small and medium-sized micro enterprises, and building multi-level and diversified clusters of human resources service institutions.
If human resources service institutions are included in the list of key service enterprises and high-tech enterprises in the region, they shall enjoy relevant preferential policies according to law.

Article 9 The competent human resources and social security departments of the people's governments at or above the county level shall promote management innovation, service innovation and product innovation in the field of human resources services, and promote the application of new technologies and new knowledge such as big data, artificial intelligence and blockchain in human resources services; Support human resource service institutions to innovate human resource service products, and develop new businesses such as talent search, talent resource evaluation, human resource service outsourcing, human resource management consulting, human resource information software services, and human resource salary performance management.
Support human resource service institutions, employers, universities, research institutes and other organizations and individuals to develop human resource service software, data models and other products, and strengthen the protection of intellectual property rights of human resource service products.

Article 10 The competent human resources and social security departments of the people's governments at or above the county level shall establish a mechanism for training and introducing leading talents in the human resources service industry, incorporate high-level talents in the human resources service industry into the talent introduction plan, organize and carry out centralized training, and improve the professionalism and professionalism of the employees in the human resources service industry.

Article 11 People's governments at or above the county level shall establish and improve the public human resources service system, improve the public human resources service network covering urban and rural areas, promote the extension of public employment services to rural areas, and provide equal, high-quality and efficient public services to workers and employers.
People's governments at or above the county level can support operational human resources service institutions to provide public welfare human resources services such as talent recruitment, employment assistance, etc. by purchasing services.

Article 12 The competent department of human resources and social security of the provincial people's government shall establish and improve the mechanism for the flow, allocation, use, evaluation and incentive of human resources, and support the flow of all kinds of talents to industries that give priority to development, underdeveloped areas and front-line grassroots.
People's governments at or above the county level should improve relevant support policies, improve the mechanism for talent training and introduction, and strengthen the introduction of high-level overseas talents.
Human resources service institutions and employing units that introduce high-level talents, highly skilled talents or urgently need talents shall be rewarded or subsidized in accordance with relevant regulations.

Article 13 The competent human resources and social security departments of the people's governments at or above the county level shall guide the human resources service institutions to organize and carry out joint recruitment services through online and offline combination, cross regional coordination, linkage of various institutions, etc.

Article 14 The competent human resources and social security departments of the people's governments at or above the county level shall promote human resources service institutions to provide employment recruitment, talent search, employee training, human resources service outsourcing and other services for enterprises in key industries and new business forms such as platform economy and sharing economy.

Article 15 The competent human resources and social security departments of the people's governments at or above the county level shall improve the industry statistical investigation system and the human resources market monitoring system, build the human resources market supply and demand information system, establish and improve the human resources market supply and demand data collection mechanism, and organize the collection, classification, analysis and release of human resources information.
If the competent department of human resources and social security needs to collect data on the supply and demand of human resources market in order to perform its statutory duties, the relevant human resources service institutions shall cooperate. The competent department of human resources and social security shall collect information in accordance with the conditions and procedures prescribed by laws and administrative regulations within the scope of performing its statutory duties, and shall keep confidential the personal privacy, personal information, business secrets and confidential business information that it knows in performing its duties.

Article 16 The competent human resources and social security departments of the people's governments at or above the county level shall promote cooperation, exchange and opening to the outside world in the field of human resources services.
Support relevant regions to explore and establish an international development model of human resources service industry in the Greater Bay Area of Guangdong, Hong Kong and Macao. We will support human resources service institutions to explore the international market, carry out cross-border human resources services, and introduce advanced standards, technologies and management models for human resources services.

Chapter III Human Resources Service Organization

Article 17 Public human resources service institutions shall, in accordance with the objectives and tasks of employment, entrepreneurship and talent work determined by the government, formulate public human resources service plans, implement employment, entrepreneurship and talent policies, carry out human resources market research and analysis, organize the implementation of employment, entrepreneurship and talent services related projects, and handle employment, entrepreneurship and talent services related affairs.
Article 18 Public human resources service institutions shall not charge for the following services:
（1） Release of human resource supply and demand, market wage guidance price, vocational training and other information;
（2） Career introduction, career guidance and entrepreneurship guidance;
（3） Consulting on employment and entrepreneurship and talent policies and regulations;
（4） Provide employment assistance to persons with difficulties in employment;
（5） Handle employment registration, unemployment registration and other matters;
（6） To go through the formalities for receiving graduates from institutions of higher learning, secondary vocational schools and technical colleges;
（7） Management of personnel files of floating personnel;
（8） Other services determined by the people's government at or above the county level.

Public human resources service institutions shall not engage in business activities, and public human resources service funds shall be included in the financial budget at the same level. The competent department of human resources and social security shall strengthen the management of public human resources service funds according to law.

Article 19 Public human resources service institutions shall improve their service functions, standardize their service contents, publicize their service items, service processes and supervision channels, and accept social supervision.

Article 20 The public human resources service institutions shall strengthen the informatization construction and realize the extension of public employment services to mobile terminals and self-service platforms.
Public human resources service institutions shall strengthen the informatization construction of personnel file management for floating personnel and establish a digital personnel file resource library.

Article 21 Under the guidance of the competent department of human resources and social security, public human resources service institutions shall promote the work of employment registration and unemployment registration, and share the information of employment and unemployment registration with the data of labor contracts, social insurance, vocational training, skill appraisal, labor supervision, etc.

Article 22 Public human resources service institutions shall, together with relevant mass organizations, carry out public welfare employment services and provide employment and entrepreneurship services and assistance to specific groups such as women and disabled persons.

Article 23 Where a profit-making human resources service institution engages in the following intermediary activities, it shall obtain a human resources service license according to law:
（1） Introduce employers to workers;
（2） Recommend workers for the employer;
（3） Organize on-site job fairs;
（4） Carry out online recruitment;
（5） Carry out talent search service;
（6） Other businesses stipulated by laws, administrative regulations and the state.

Article 24 When applying for a human resources service license, an operational human resources service institution shall meet the following conditions:
（1） Obtain business license according to law;
（2） It shall have the legal business premises necessary for conducting business, and the specific area requirements shall be stipulated by the cities at or above the prefecture level;
（3） Office facilities and equipment suitable for business development;
（4） There are more than three employees with college degree or above.

Article 25 A profit-making human resources service institution shall apply for a human resources service license to the competent human resources and social security department of the people's government at or above the county level in the place of commercial registration.
The competent department of human resources and social security shall, within 20 days from the date of receiving the application, make a decision on administrative licensing according to law. If the conditions are met, a human resources service license shall be issued; If the conditions are not met, a written decision on disapproval shall be made and reasons shall be given.

Article 26 Where a profit-making human resources service institution engages in the following businesses, it shall, within 15 days from the date of business operation, file a record with the competent human resources and social security department of the people's government at or above the county level in the place of commercial registration:
（1） Collection and release of human resource supply and demand information;
（2） Employment and entrepreneurship guidance;
（3） Human resources management consulting;
（4） Human resource evaluation;
（5） Human resources training;
（6） Undertake human resource service outsourcing;
（7） Other businesses stipulated by laws, administrative regulations and the state.

When putting on record, the operational human resources service institution shall submit such materials as the record keeping document, the identity certificate of the legal representative, the business license, and the certificate of the legal business location. If the materials are complete, the competent human resources and social security department of the people's government at or above the county level shall put them on record and issue a written receipt; If the materials are not complete, all the materials that need to be supplemented or corrected shall be notified on the spot or within five days.

Article 27 Where a profit-making human resources service institution engages in the labor dispatch business, it shall implement the relevant provisions of the State on labor dispatch.

Article 28 Where a profit-making human resources service institution establishes a branch, it shall report in writing to the competent human resources and social security department of the people's government at or above the county level in the place where the branch is located within 15 days after the commercial registration is completed.
The written report shall submit the basic information of the establishment of the branch, the identity certificate of the person in charge, the business license, the legal proof of the business site and other materials. Where a branch engages in job intermediary activities, it shall also submit the human resources service license of the operational human resources service institution.

Article 29 Where a profit-making human resources service institution changes its name, domicile, legal representative or terminates its business activities, it shall submit a written report to the competent human resources and social security department of the people's government at or above the county level in the place of commercial registration within 15 days from the date when the change or cancellation of registration is completed. If a city changes its domicile, it shall submit a written report to the competent human resources and social security department of the people's government at or above the county level in the original location and the changed location respectively.

Article 30 The competent department of human resources and social security of the municipal people's government at or above the prefecture level shall determine the jurisdiction of the operational human resources service institutions within their respective administrative areas for administrative licensing, filing and written reports, prepare guidelines and model texts for administrative licensing, filing, written reports and other matters, and disclose them to the public. The online and offline standards of the service guide and model text shall be unified and updated simultaneously.

Article 31 The competent department of human resources and social security of the people's government at or above the county level shall promptly publish to the public the list of profit-making human resources service institutions that have obtained administrative licenses or have been put on record, the place of commercial registration, and their changes and continuations.
Chapter IV Regulations on Human Resources Market Activities

Article 32 When applying for a job, an individual shall truthfully provide the employing unit or the human resources service institution with his/her basic information as well as the knowledge, skills and work experience related to the position to be applied for.

Article 33 When recruiting personnel, an employing unit shall provide such recruitment information as the basic information of the employing unit, the number of people to be recruited, the conditions for recruitment, the content of work, the place of work, and the basic labor remuneration.
The relevant recruitment information provided by the employer shall be true and legal, and shall not contain discriminatory content in terms of nationality, race, sex, religious belief, disability, etc; Except for posts that are not suitable for women's work as stipulated by the State, no one may refuse to recruit women or improve the recruitment conditions for women on the grounds of gender.

Article 34 When accepting the entrustment of the employing unit to recruit personnel, the human resources service institution shall require the employing unit to provide the recruitment brochures, business licenses or the documents approved by the relevant departments for establishment, the identity documents of the handling person, and the certificate of entrustment of the employing unit, and shall examine the authenticity and legitimacy of the materials provided. The recruitment brochures shall include the contents specified in Article 33 of these Regulations.

Article 35 A human resources service institution shall not commit any of the following acts:
（1） Unauthorized without HR service license