Regulations on the Employment of Foreigners in China

Are you in the process of finding a new job?

Are you currently looking for a new place to live?

Maybe you want to move to a new continent?

Have you ever considered working in China?

What are the regulations on the employment of foreigners in China?

I

General Provisions

Article 1

In order to strengthen the management of foreigners’ employment in China, these regulations are formulated in accordance with the provisions of relevant laws and regulations.

Article 2

The term “foreigners”, as mentioned in these regulations, refers to persons who do not have Chinese nationality in accordance with the Nationality Law of the People’s Republic of China. The employment of foreigners in China, as mentioned in these Regulations, refers to the acts of foreigners who have not obtained the right of settlement to engage in social labor and to obtain labor remuneration within the territory of China in accordance with the law.

Article 3

These regulations apply to foreigners employed in China and employers employing foreigners. This provision does not apply to foreign embassies and consulates in China, United Nations representative offices in China, and other international organizations who enjoy diplomatic privileges and immunities.

Article 4

The labor administrative departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government and their authorized prefecture-level labor administrative departments are responsible for the management of foreigners’ employment in China.

II

Employment Permit

Article 5

An employer that employs a foreigner must apply for an employment permit for the foreigner, and can only employ him/her after obtaining the approval and the Employment Permit for Foreigners of the People’s Republic of China (hereinafter referred to as the permit).

Article 6

The positions where the employing unit employs foreigners shall be the positions that have special needs, suitable candidates temporarily lacking in China, and that do not violate the relevant provisions of the state. Employers shall not employ foreigners to engage in commercial performances, except for those who meet the provisions of Article 9, Item 3 of these Regulations.

Article 7

Foreigners seeking employment in China must meet the following conditions:

(1) Be at least 18 years old and in good health;

(2) Possess the necessary professional skills and corresponding work experience for his/her work;

(3) No criminal record;

(4) There is a definite employing unit;

(5) Hold a valid passport or other international travel documents replacing the passport (hereinafter referred to as the document replacing the passport).

Article 8

Foreigners working in China should enter China with a Z visa (if there is a mutual visa exemption agreement, follow the agreement), and obtain a Foreigner Employment Permit (hereinafter referred to as the Employment Permit) and a foreigner residence permit after entering the country. And then they can work in China.

Foreigners who have not obtained residence permits (i.e. holders of F, L, C, and G visas), foreigners studying or doing internships in China, and accompanying family members of foreigners holding professional visas are not allowed to work in China. Under special circumstances, the employing unit shall apply for a permit according to the approval procedures stipulated in these regulations, and the employed foreigner shall go to the public security organ to change his/her identity with the permit and apply for an employment permit and residence permit before employment.

Spouses of the members of foreign embassies, consulates and the personnel of the United Nations system and representative offices of other international organizations in China who are employed in China shall comply with the Provisions of the Ministry of Foreign Affairs of the People’s Republic of China on Personnel of Foreign Embassies and Consulates in China and Representative Offices of United Nations System Organizations in China. The Regulations on Employment of Spouses in China shall be implemented, and relevant formalities shall be handled in accordance with the approval procedures specified in the second paragraph of this article.

The license certificate and employment certificate are uniformly produced by the Ministry of Labor.

Article 9

Foreigners who meet one of the following conditions may be exempted from applying for employment permits :

(1) Foreign professional, technical and management personnel hired directly by the Chinese government, or hired by the state organs and institutions, with senior technical titles or special skills qualification certificates confirmed by domestic or international authoritative technical management departments or industry associations, professional technical and managerial personnel, and foreigners who hold the “Foreign Expert Certificate” issued by the Foreign Experts Bureau.

(2) Foreign laborers with special skills who hold the “Work Permit for Foreigners to Engage in Offshore Oil Operations in the People’s Republic of China” to engage in offshore oil operations, do not need to land, and have special skills;

(3) Foreigners who perform commercial theatrical performances.

Article 10

Foreigners who meet one of the following conditions can be exempted from applying for a permit, and can directly apply for an employment permit with the Z visa and relevant certificates after entry:
(1) Foreigners who are employed to work in China in accordance with the agreements between the country of origin and foreign governments and international organizations to implement China – foreign cooperation and exchange projects.
(2) The chief representative or the representative of the resident representative office of a foreign enterprise in China.

III

Application and Approval

Article 11

To employ foreigners, an employer must fill in the Application Form for Employment of Foreigners (hereinafter referred to as the Application Form), and submit an application to the competent industry department at the same level as the labor administrative department (hereinafter referred to as the competent industry department) and provide the following valid documents:

(1) Curriculum vitae of the foreigner to be employed;

(2) Letter of intent to employ;

(3) A report on the reasons for the proposed employment of foreigners;

(4) The qualification certificate of the foreigner to be employed to engage in the work;

(5) The health status certificate of the foreigner to be employed;

(6) Other documents prescribed by laws and regulations.

The competent industry authorities shall conduct examination and approval in accordance with Articles 6 and 7 of these Provisions and relevant laws and regulations.

Article 12

After being approved by the competent industry department, the employing unit shall go through the approval formalities with the labor administrative department of the province, autonomous region or municipality directly under the Central Government or its authorized prefecture-level labor administrative department with the application form.

The labor administrative department of the province, autonomous region, or municipality directly under the Central Government or the authorized prefecture-level labor administrative department shall designate a special institution (hereinafter referred to as the license-issuing organ) to be specifically responsible for the issuance of licenses.

The license-issuing authority shall conduct the approval according to the opinions of the competent industry authorities and the demand of the labor market, and issue a license to the employer following the approval.

Article 13

Employers at the central level and employers without industry competent departments to hire foreigners may directly go to the labor administrative department’s license-issuing authority to apply and go through the employment permit formalities.

The employment of foreigners by a foreign-invested enterprise does not require the approval of the competent industry department, but can directly apply for a license to the license-issuing authority of the labor administrative department by presenting the contract, articles of association, approval certificate, business license and the documents stipulated in Article 11 of these regulations.

Article 14

Foreigners who are allowed to work in China shall apply for a Z visa at Chinese embassies, consulates and offices abroad with the permit and their own valid passports or certificates replacing passports.

Those who meet the provisions of Article 9, paragraph 2, shall apply for a Z visa with the notification letter issued by China National Offshore Oil Corporation; those meeting the requirements of Article 9, paragraph 3, shall apply for a Z visa with the approval document of the Ministry of Culture.

Those meeting the provisions of paragraph 1 of Article 10 of these regulations shall apply for a Z visa with the cooperation and exchange project document; those meeting the provisions of paragraph 2 of Article 10 shall apply for a Z visa with the registration certificate of the industrial and commercial administration department.

Article 15

The employing unit shall, within 15 days after the entry of the employed foreigner, present the permit, the labor contract signed with the employed foreigner and his/her valid passport or a certificate replacing the passport to the original issuing authority for the foreigner applying for an employment permit and fill in the Foreign Employment Registration Form.

The employment permit is only valid within the area specified by the issuing authority.

Article 16

Foreigners who have already applied for an employment permit shall, within 30 days after entering China, apply for a residence permit at the public security organ with an employment permit. The validity period of the residence permit can be determined according to the validity period of the employment permit.

IV

Labor Management

Article 17

The employing unit and the employed foreigner shall conclude a labor contract according to the law. The maximum term of the labor contract shall not exceed five years. The labor contract shall be terminated upon expiration of the term, but it can be renewed once the approval procedures are completed in accordance with the provisions of Article 18 of these regulations.

Article 18

When the labor contract signed between the employed foreigner and the employing unit expires, his employment certificate shall become invalid. If renewal is required, the employer shall, within 30 days prior to the expiry of the original contract, submit an application to the labor administrative department for extending the employment period, and upon approval, go through the procedures for extending the employment certificate.

Article 19

After foreigners are approved to extend their employment period in China or change their employment areas or units, they should go through the procedures for extending or changing their residence permits at the local public security organs within 10 days.

Article 20

After the employment contract between the employed foreigner and the employer is terminated, the employer shall promptly report to the labor and public security department, return the foreigner’s employment permit and residence permit, and go through the exit formalities at the public security agency.

Article 21

The wage paid by the employing unit to the foreigner employed shall not be lower than the local minimum wage standard.

Article 22

The working hours, rest, vacation, labor safety, health and social insurance of foreigners employed in China shall be governed by the relevant state regulations.

Article 23

The employers of foreigners employed in China must be consistent with the units indicated on their employment certificates.

If a foreigner changes the employer within the area specified by the license-issuing authority but still engages in the original occupation, he/she must be approved by the original license-issuing authority and go through the formalities for changing the employment certificate.

If a foreigner leaves the area specified by the issuing authority for employment or changes the employer and engages in a different occupation within the originally specified area, he/she must go through the employment permit procedures again.

Article 24

For foreigners whose residence status is canceled by Chinese public security organs for violating Chinese laws, the employer shall terminate the labor contract, and the labor department shall revoke the employment certificate.

Article 25

Labor disputes between employers and employed foreigners shall be handled in accordance with the Labor Law of the People’s Republic of China and the Law of the People’s Republic of China on Mediation and Arbitration of Enterprise Labor Disputes.

Article 26

The labor administrative department shall conduct annual inspection of employment certificates. The employer shall, within 30 days prior to the expiry of the employment of foreigners employed by foreigners, go through the annual inspection procedures for employment certificates for the employed foreigners at the issuing authority of the labor administration department. If it is not done within the time limit, the employment permit shall automatically become invalid.

If a foreigner loses or damages his employment certificate during employment in China, he/she shall immediately go to the original issuing authority to go through the formalities of reporting the loss, reissuing or changing the certificate.

V

Penalties

Article 27

For foreigners who violate these regulations without applying for employment permits and employing units without authorization, the public security organs shall act in accordance with the Regulations for the Implementation of the Law of the People’s Republic of China on Control of the Entry and Exit of Expats, Article 44.

Article 28

For foreigners who refuse the labor administrative department to check the employment certificate, change the employer without authorization, change the occupation without authorization, or extend the employment period without authorization, the labor administrative department shall take back the employment certificate and request the public security organ to cancel his/her residence qualification. For those who need to be repatriated by the agency, the repatriation expenses shall be borne by the employing unit or the foreigner.

Article 29

For foreigners and employers who forge, alter, use fraudulently, transfer, or buy or sell employment permits and permits, the labor administrative department shall confiscate the employment permits and confiscate their illegal gains, and impose a fine of more than 10,000 yuan and less than 100,000 yuan;If the circumstances are serious enough to constitute a crime, the case shall be transferred to the judicial organ for investigation of criminal responsibility according to the law.

Article 30

If the staff members of the license-issuing authority or relevant departments abuse their powers, illegally charge fees, or engage in malpractices for personal gain, if a crime is constituted, they shall be investigated for criminal responsibility according to the law; if a crime is not constituted, they shall be given administrative sanctions.

VI

Supplementary Provisions

Article 31

The employment of the residents of Taiwan, Hong Kong and Macao in the Mainland shall be governed by the Regulations on the Administration of Employment in the Mainland of Taiwan, Hong Kong and Macao Residents.

Article 32

These Regulations are not applicable to foreigners working in Taiwan, Hong Kong and Macao regions of China.

Article 33

Individual economic organizations and individual citizens are prohibited from employing foreigners.

Article 34

The labor administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government may, in conjunction with public security and other departments, formulate detailed implementation rules for their respective regions in accordance with these Provisions, and report them to the Ministry of Labor, Ministry of Public Security, Ministry of Foreign Affairs, and Ministry of Foreign Trade and Economic Cooperation for the record.

Article 35

These regulations shall be interpreted by the Ministry of Labor.

Article 36

These regulations shall come into force on May 1, 1996. On October 5, 1987, the former Ministry of Labor and Personnel and the Ministry of Public Security issued the “Several Provisions on Employment in China of Foreigners Who Have Not Obtained Residence Permits and Foreigners Who Came to Study in China”, which shall be repealed at the same time.

[box type=”info” align=”” class=”” width=””]The English version is a translation of the original in Chinese for information purposes only.

In case of a discrepancy, the Chinese original shall prevail.[/box]