Document 21 (2004) Issued by the Division of Labour Relations Shanghai Municipal Labour & Social Security Bureau, April 29, 2004 To all District & County Labour & Social Security Bureaus, the Administrative Departments of the enterprises, the State Share-Holding (Group) Corporations, In accordance with The Regulations on Collective Agreement (Decree No(22) by Ministry of Labour & Social Security of P.R.C), The Circular on the Measures of Collective Agreement Reviewing in Shanghai Municipality is as follows: 1. The Collective Agreements of the municipal enterprises, foreign-invested enterprises currently under the administration of Shanghai Municipal Labour & Social Security Bureau and the enterprises designated by Ministry of Labour & Social Security shall be reviewed by Shanghai Municipal Labour & Social Security Bureau. Pudong New District Labour & Social Security Bureau shall be in charge of reviewing the Collective Agreements of all kinds of enterprises in the Pudong New District with the exception of those directly under the administration of Ministry of Labour & Social Security. The collective agreements of other enterprises shall be reviewed by the corresponding District or County Labour & Social Security Bureaus where the concerned enterprises are located. 2. The Labour & Social Security Departments shall review the validity on the qualifications of both parties involved in the collective agreement, the procedures of bargaining and the content of the agreement. 3. Upon conclusion or modification of the Collective Agreement by the employing units and the employees, the concerned agreement shall be submitted to the administrative labour & social security departments for reviewing within 10 days upon the signature of the agreement by the representatives of both parties as per Article 1 of this Circular. If the agreement is submitted beyond the period of 10 days, the employing unit shall provide the document confirming the change of the signature date as per the regulations, and then submit all the required documents to the administrative labour & social security departments. 4. The following documents shall be provided in one copy when submitting the collective agreement for reviewing: (1) The Collective Agreement; (2) The Application Form for Collective Agreement reviewing; (3) A copy of the duplicate of Enterprise Business License (the institutions which adopt enterprise management mode shall provide the Legal Person Certificate of Institutions and a copy of the certificate proving the institutions are managed in enterprise mode; (4) The copy of Legal Person Certificate of Trade Unions (or the copy of the Approval document on Establishment of the Trade Union Committee). (5) The Forms on the Basic Information of the Representatives Involved in the collective bargaining; (6) The Resolution on Passing the Draft of the Collective Agreement by the Congress of the Employees’ Representatives or all the Employees. 5. The Labour & Social Security Departments shall handle the registration procedures if the documents submitted are complete, and The Return Receipt of Collective Agreement Reviewing shall be issued to the applicants. Incomplete documents submitted shall be returned with reasons being stated. 6. The labour & social security departments shall inform the concerned employing units of the reviewing result within 15 working days upon receipt of the submitted documents and issue The Opinions on The Collective Agreement if any questions and concerns on the collective agreement arise in the reviewing process. After the employing unit and their employees hold collective bargaining on the opinions raised by the administrative labour & social security departments and make necessary modifications on the concerned collective agreement, the modified collective agreement and relevant documents shall be submitted to the administrative labour & social security departments for reviewing as per Article 3 in this Circular. 7. The collective agreement shall become effective if the administrative labour & social security departments do not put forward any opinions on the collective agreement within 15 working days upon receipt of the submitted documents. After the Collective Agreement becomes effective, the representatives involved in the collective bargaining shall inform all members of their party. 8. The labour & social security departments shall file the collective agreements received for a period no under the duration of the collective agreements. 9. This Circular shall be implemented as of May 1st, 2004. The Document No (29) 2002 issued by the Division of Labor Relations of Shanghai Municipal Labor & Social Security Bureau shall be repealed correspondingly. 2. The Labour & Social Security Departments shall review the validity on the qualifications of both parties involved in the collective agreement, the procedures of bargaining and the content of the agreement. 3. Upon conclusion or modification of the Collective Agreement by the employing units and the employees, the concerned agreement shall be submitted to the administrative labour & social security departments for reviewing within 10 days upon the signature of the agreement by the representatives of both parties as per Article 1 of this Circular. If the agreement is submitted beyond the period of 10 days, the employing unit shall provide the document confirming the change of the signature date as per the regulations, and then submit all the required documents to the administrative labour & social security departments. 4. The following documents shall be provided in one copy when submitting the collective agreement for reviewing: (1) The Collective Agreement; (2) The Application Form for Collective Agreement reviewing; (3) A copy of the duplicate of Enterprise Business License (the institutions which adopt enterprise management mode shall provide the Legal Person Certificate of Institutions and a copy of the certificate proving the institutions are managed in enterprise mode; (4) The copy of Legal Person Certificate of Trade Unions (or the copy of the Approval document on Establishment of the Trade Union Committee). (5) The Forms on the Basic Information of the Representatives Involved in the collective bargaining; (6) The Resolution on Passing the Draft of the Collective Agreement by the Congress of the Employees’ Representatives or all the Employees. 5. The Labour & Social Security Departments shall handle the registration procedures if the documents submitted are complete, and The Return Receipt of Collective Agreement Reviewing shall be issued to the applicants. Incomplete documents submitted shall be returned with reasons being stated. 6. The labour & social security departments shall inform the concerned employing units of the reviewing result within 15 working days upon receipt of the submitted documents and issue The Opinions on The Collective Agreement if any questions and concerns on the collective agreement arise in the reviewing process. After the employing unit and their employees hold collective bargaining on the opinions raised by the administrative labour & social security departments and make necessary modifications on the concerned collective agreement, the modified collective agreement and relevant documents shall be submitted to the administrative labour & social security departments for reviewing as per Article 3 in this Circular. 7. The collective agreement shall become effective if the administrative labour & social security departments do not put forward any opinions on the collective agreement within 15 working days upon receipt of the submitted documents. After the Collective Agreement becomes effective, the representatives involved in the collective bargaining shall inform all members of their party. 8. The labour & social security departments shall file the collective agreements received for a period no under the duration of the collective agreements. 9. This Circular shall be implemented as of May 1st, 2004. The Document No (29) 2002 issued by the Division of Labor Relations of Shanghai Municipal Labor & Social Security Bureau shall be repealed correspondingly.