(Promulgated by LAO BU FA [1994] No 98 on February 22, 1994)
Article 1
For the purposes of deepening the reform of labor and personnel system, meeting the demand of socialist market economy for talents, objectively and impartially assessing professional (category of work) and technological personnel and promoting the rational flow of talents, these Rules are formulated.
Article 2
Occupational qualifications refer to the basic requirements of learning, technique and ability that are indispensable for engaging in a profession.
Occupational qualifications include qualifications for engaging in a profession and qualifications for practicing a profession. The qualifications for engaging in a profession refer to the starting standards of learning, technique and ability for engaging the profession (type of work). The qualifications for practicing a profession mean that the government adopts an access control over some professions (types of work) which require a higher responsibility, are of high social generality and involve public interests, and are the necessary standards of learning, techniques and ability for opening a business independently according to law or practicing the professions (types of work).
Article 3
Occupational qualifications are appraised by the administrative department of labor and personnel of the State Council through such measures as diploma verification, qualification examination, expert appraisal and assessment of occupational techniques, and those qualified will be conferred state occupational qualification certificates.
Article 4
Occupational qualification certificate is a state acknowledgement of the applicants' professional (type of work) learning, technique and ability, and serves as the main basis for looking for jobs, assuming positions, starting a business independently and for employment by units.
Article 5
The system of occupational qualification certificate shall implement the principle of free application on one's own will, self-responsibility for the cost, and fairness and impartiality. All citizens of the People's Republic of China and persons of foreign nationalities permitted to work in China are eligible to apply for their occupational qualification certificate according to relevant state policies and procedures.
Article 6
Occupational qualification certificate shall adopt the management system under government guidance and shall be managed in unified manner by the administrative department of labor and personnel of the State Council.
Appraisal of a number of professional qualifications and occupational technical ability (examination and assessment of technicians and senior technicians and the assessment of technical grades) shall be incorporated into the system of occupational qualifications.
The Ministry of Labor is responsible for the appraisal of technical ability related occupational qualifications, and the issuance and management of certificates (the names and types of certificates shall follow the existing rules).
The Ministry of Personnel is responsible for the appraisal of professional qualifications for professional personnel, and the issuance and management of certificates.
The administrative departments of labor and personnel of provinces, autonomous regions and municipalities directly under the central government are responsible for the implementation of occupational qualification system within their respective administrative areas.
Article 7
The administrative department of labor and personnel of the State Council shall, together with relevant industrial administrative departments, research and decide on the scope of occupational qualifications, occupations (professions and type of work) classification, occupational qualification standards as well as measures on diploma verification, qualification exam, expert appraisal and technical appraisal.
Article 8
State occupational qualification certificates shall, with reference to international practices, be subject to bilateral and multilateral recognition.
Article 9
These Rules are applicable to all state organs, groups and all enterprises and public undertakings.
Article 10
The administrative department of labor and personnel of the State Council shall formulate implementation rules respectively according to the scopes of their duties and functions.
Article 11
The administrative department of labor and personnel of the State Council are responsible for interpreting these Rules according to the scope of their duties and functions.
Article 12 These Rules enter into force from the date of promulgation.
