(Promulgated by the State Bureau of Foreign Experts on 24 May, 1993)
CHAPTER I
GENERAL PROVISIONS
ARTICLE 1.
These Measures are
formulated, in accordance with the Constitution of the People's Republic of China and the laws and decrees concerned, to protect the lawful rights and interests of the parties and promote the development of
international exchange of culture, education, science and technology.
ARTICLE 2.
These Measures shall apply to the contracts for employment of foreign experts working in the
cultural and educational fields. Foreign experts refer to those foreign professionals engaged in education, the media, publication, culture, art, public health and sports within the territory of the Peoples
Republic of China.
Agreements involving foreign experts working in cultural and educational fields sent through exchanges between governments, sister cities, schools and non-governmental organizations can
refer to these Measures.
ARTICLE 3.
In concluding a contract, the parties must abide by the laws and decrees of the Peoples Republic of China.
ARTICLE 4.
Contracts shall be concluded according to the principle of equality and mutual benefit and the principle of achieving an agreement through consultation.
CHAPTER II
THE CONCLUSION OF CONTRACTS
ARTICLE 5.
A contract is formed as soon as the parties have reached a written agreement on the terms and have signed the contract. If
an agreement is reached by communication via correspondence, and one party requests a signed letter of confirmation, the contract shall be formed after the letter of confirmation is signed.
ARTICLE 6.
The following particulars shall be specified in the contract:
(1 ) the name and nationality of the parties ;
(2) the date and place of the signing of the contract;
(3) the time period, place and method of performance;
(4) the rights and obligations of the parties;
(5) the amount of salary, method of payment, living arrangements, medical care and so on;
(6) the liabilities for breach of contract;
(7) the ways for settling contract disputes;
(8) the languages in which the contract is written and their validity.
ARTICLE 7.
Appendixes specified in a contract shall be integral parts of the contract and have
the same validity as the contract.
ARTICLE 8.
In concluding contracts, a party shall conclude the employment contract which is apt to the practical situation of the two
parties and also the specific terms through consultation with the reference to the Standard Employment Contract for foreign experts working in the cultural and educational fields.
ARTICLE 9.
In the contract, the parties shall agree to provide a guaranty. The mode and amount of guaranty shall be decided by both parties.
ARTICLE 10.
A contract shall be invalid if any of the following situations exist:
(1) if the contract breaches the laws and decrees of the People's Republic of China and/or the public interests.
(2) if the contract is concluded by means of cheat and/or threat.
ARTICLE 11.
The liability of one party to pay compensation for the invalidity of a contract shall be equal
to the loss suffered by the other party as a consequence of the invalidity.
ARTICLE 12.
The contract is terminated when it has already been performed in accordance with the
terms. A new contract shall be concluded if both parties agree to continue cooperation.
ARTICLE 13.
The parties may, if they deem it necessary, have the employment contract
notarised by the notary office of China, or apply to the State Bureau of Foreign Experts or the local department in charge of foreign experts affairs for testimonial of the contract.
CHAPTER III
The Execution of a Contract and the Liability for the Breach of a Contract
ARTICLE 14.
A contract shall be legally binding as soon as it is
established in accordance with the law. The parties shall perform their obligations stipulated in the contract. Anyone of the parties shall not unilaterally modify or rescind the contract.
ARTICLE 15.
A party may temporarily suspend its performance of the contract if it has conclusive evidence that the other party is unable to perform the contract. However, it shall
immediately inform the other party of such suspension. If and when the other party provides a sure guarantee for performance of the contract, the contract shall be executed. If a party suspends performance
of the contract without conclusive evidence of the other party 's inability to perform the contract, it shall be liable for breach of contract.
ARTICLE 16.
If a party fails
to fulfil the contract or its performance of the contractual obligations does not conform to the agreed terms, which constitutes a breach of contract, the other party is entitled to claim damages or demand
other reasonable remedial measures. If the losses suffered by the other party cannot be completely made up after the adoption of the remedial measures, the other party shall still have the right to claim
damages.
