Regulations on the employment management of foreigners in China

(Revised on January 22,1996 No.29,1996 in accordance with the Decision on Abolishing and Amending Part of the Human Resources and Social Security Regulations on November 12,2010, and the Decision of the Ministry of Human Resources and Social Security on Amending the Regulations on the Employment Administration of Foreigners in China on March 13,2017)

 

Chapter one  general rules

 

 Article 1 These Provisions are formulated in accordance with the provisions of relevant laws and regulations for the purpose of strengthening the administration of foreigners' employment in China.

 Article 2 The term "foreigners" as mentioned in these Provisions refers to persons who do not have Chinese nationality in accordance with the Nationality Law of the People's Republic of China. The term "foreigner employment in China" as mentioned in these Provisions refers to the act of foreigners who have not obtained the right to settle down to engage in social labor in China and obtain labor remuneration.

 Article 3 These Provisions shall apply to the foreigners employed in China and the employing units that employ the foreigners. These Provisions shall not apply to the personnel enjoying diplomatic privileges and immunities in foreign embassies and consulates, the United Nations representative agencies in China and other international organizations.

Article 4 The Labour administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government and their authorized prefecture-level Labour administrative departments shall be responsible for the administration of the employment of foreigners in China.

 

 Chapter two  Employment Permission

 

 Article 5 An employing unit shall apply for an employment permit for the foreigner and shall be employed after obtaining the Employment License of the People's Republic of China (hereinafter referred to as the permit).

Article 6 The employing unit shall employ foreigners for posts with special needs and suitable candidates in China that do not violate the relevant regulations of the state. The employing unit shall not employ foreigners to engage in commercial artistic performances, except for the personnel who meet the provisions of Item 3 of Article 9 of these Provisions.

Article 7 Foreigners shall meet the following conditions for employment in China:

(1) Be at least the age of 18 and be in good health;

(2) Having the necessary professional skills and corresponding work experience for his work;

(3) having no criminal record;

(4) having a definite employing unit;

(5) holding a valid passport or other international travel documents that can replace the passport (hereinafter referred to as a certificate that replaces the passport).

 Article 8 Foreigners employed in China shall enter the country with a Z visa (if there is a mutual visa exemption agreement, it shall be handled according to the agreement), and shall obtain the foreigner Employment Certificate (hereinafter referred to as the employment permit) and the foreigner residence permit before finding employment in China.

 Foreigners who have not obtained residence permits (i. e., those with F, L, C, G visas), foreigners studying or practicing in China, and the accompanying family members of foreigners with Z visas are not allowed to find employment in China. In special circumstances, the employing unit shall apply for a license according to the examination and approval procedures stipulated in these Provisions, and the employed foreigner shall go to the public security organ with the license and apply for employment permit and residence permit.

 Foreign embassies and consulates in China and the United Nations system, other international organizations in China representative office personnel spouse employment in China, should according to the Ministry of Foreign Affairs of the People's Republic of China on foreign embassies and consulates in China and the UN system organization in China representative office personnel spouse in China regulations, and according to the provisions of paragraph 2 of the relevant formalities.

The permit certificate and employment permit shall be uniformly produced by the Ministry of Labor.

Article 9 Foreigners who meet one of the following conditions may be exempted from obtaining employment permits and employment permits:

(A) directly paid by the Chinese government hired foreign professional technology and management personnel, or paid by state organs and institutions, with domestic or international authoritative technology management department or industry association of senior technical titles or special skills qualification certificate of foreign professional technical and management personnel, and hold the foreign expert certificate issued by the bureau of foreign experts of foreigners;

(2) foreign labor service personnel who hold the License for Foreigners Engaged in Offshore Petroleum Operations in the People's Republic of China and are engaged in offshore petroleum operations, do not need to land and have special skills; (3) foreigners who perform commercial artistic performances with the approval of the Ministry of Culture.

Article 10 Foreigners who meet one of the following conditions may be exempted from obtaining permits and shall apply for employment permits directly with Z visas and relevant certificates after entry:

(1) Foreigners who are employed to work in China to implement Sino-foreign cooperation and exchange projects in accordance with the agreements and agreements between China and foreign governments and between international organizations;

(2) The chief representative and representative of the resident representative offices of foreign enterprises in China.

 

Chapter three  Application and approval

 

Article 11 When employing foreigners, an employing unit shall fill in the Application Form for Employment of Aliens (hereinafter referred to as the Application Form), apply to the competent department of the industry and the competent department of labor administration (hereinafter referred to as the competent department of the industry), and provide the following valid documents:

(1) Certificate of resume of foreigners to be employed;

(2) Letter of intent for employment;

(3) reports 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) proof of the health status of the foreigner to be employed;

(6) other documents as stipulated by laws and regulations.

 The competent department of the industry shall conduct the examination and approval in accordance with articles 6 and Article 7 of these Provisions and the provisions of relevant laws and regulations.

 Article 12 After the approval by the competent department of the trade, the employing unit shall present the application form to the labor administrative department of the province, autonomous region or municipality directly under the Central Government of the unit or the municipal labor administrative department authorized by the employer to go through the approval procedures. The labor administrative department of the province, autonomous region, municipality directly under the Central Government or the authorized prefecture-level labor administrative department shall designate a specialized agency (hereinafter referred to as the license issuing organ) to be specifically responsible for the work of issuing licenses. The issuing authority shall approve the license according to the opinions of the competent department of the industry and the demand situation of the labor market, and issue a license to the employer after the approval.

 Article 13 An employing unit at the central level or an employing unit without a competent department of the industry, employing foreigners, may directly apply to the license-issuing organ of the labor administrative department and go through the formalities of employment license.

 The employment of foreigners by foreign-invested enterprises, without the examination and approval of the competent department of the industry, may directly apply for the license to the labor administrative department on the basis of the contract, articles of association, approval certificate, business license and the documents stipulated in Article 11 of these Provisions.

Article 14 Foreigners who are allowed to work in China shall apply for a Z visa at Chinese embassies, consulates or offices abroad with the permit and their valid passport or certificates that can replace the passport.

 The personnel conforming to the provisions of Item 2 of Article 9 of these Provisions shall apply for Z visa by letter of notification issued by China National Offshore Oil Corporation; the personnel meeting Item 3 of Article 9 shall apply for Z visa by the approval letter of the Ministry of Culture;

 The personnel meeting the provisions of Paragraph 1 of Article 10 of these Provisions shall apply for Z visa with the cooperation and exchange project statement; the personnel meeting Item 2 of Article 10 shall apply for Z visa with the registration certificate of the administrative department for industry and commerce.

 Article 15 The employing unit shall, within 15 days after the entry of the employed foreigner, apply for the employment license for the foreigner with the license certificate, the labor contract signed with the employed foreigner and the valid passport or the certificate that can replace the passport, and fill in the Employment Registration Form for Foreigners.

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

Article 16 Foreigners who have applied for an employment permit shall, within 30 days after entry, apply for a residence permit at the public security organ with their employment permit. The validity period of the residence permit can be determined according to the validity period of the employment permit.

 

Chapter four  labour management

 

 Article 17 The employing unit and the employed foreigner shall conclude a labor contract according to law. The maximum term of a labor contract shall not exceed five years. The labor contract shall be terminated upon expiration of the term, but it may be renewed after fulfilling the examination and approval procedures in accordance with the provisions of Article 19 of these Provisions.

 Article 18 When the labor contract signed by the employed foreigner and the employer expires, his employment permit shall become invalid. If it needs to renew, the employer shall, within 30 days before the expiration of the original contract, apply to the labor administrative department to extend the extension of the employment time, and apply for the extension of the employment permit.

 Article 19 After a foreigner is approved to obtain the extension of the employment period in China or change the employment area or unit, he shall, within 10 days, apply for the extension or alteration of the residence permit at the local public security organ.

 Article 20 After the labor contract between the employed foreigner and the employing unit is terminated, the employing unit shall report to the labor and public security departments in time, return the employment permit and residence permit of the foreigner, and go through the exit formalities at the public security organ.

 Article 21 The wages paid by the employing unit to the employed foreigners shall not be lower than the local minimum wage standard.

 Article 22 The working hours, rest, leave, labor safety and health and social insurance for foreigners employed in China shall be implemented in accordance with the relevant provisions of the State.

 Article 23 The employing units for foreigners to be employed in China must be consistent with the units indicated in the employment permit.

 Where a foreigner changes his employing unit within the area prescribed by the license-issuing authority but is still engaged in his original occupation, he shall obtain the approval of the original license-issuing authority and go through the formalities for the change of the employment permit.

 Foreigners who leave the employment in the region prescribed by the issuing authority or change the employer and engage in different occupations within the original prescribed region shall go through the employment license formalities again.

 Article 24 For a foreigner whose residence qualification is cancelled by the Chinese public security organ for violating Chinese laws, the employer shall terminate the labor contract and the labor department shall revoke the employment permit.

 Article 25 Any labor dispute between the employing unit and the employed foreigner shall be settled 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 Labor Disputes.

 Article 26 The labor administrative department shall carry out the annual inspection of the employment permit. The employing unit shall, within 30 days before the expiration of the employment period, go to the labor administrative department to apply for the annual examination of the employment permit for the employed foreigners. If you fail to apply within the time limit, the employment permit will become invalid by yourself.

If a foreigner loses or damages his employment card during his employment period in China, he shall immediately go through the formalities to the original license issuing authority.

 

Chapter five  penal clause

 

 Article 27 Any employing unit that is in violation of these Provisions to obtain employment without applying for a job license shall be dealt with by the public security organ in accordance with Article 44 of the Rules for the Implementation of the Law of the People's Republic of China on the Entry and Exit of Foreigners.

 Article 28 For foreigners who refuse to check the employment permit by the labor administrative department, change the employing unit, change their occupation or extend the term of employment without authorization, the labor administrative department shall withdraw their employment permit and request the public security organ to cancel their residence qualification. In case of deportation of the agency, the repatriation expenses shall be borne by the employer or the foreigner.

 Article 29 For foreigners and employing units who forge, alter, use, transfer, trade employment certificate and license, confiscate their illegal income and impose a fine of between 10,000 yuan and 100,000 yuan; if the circumstances are serious and constitute a crime, it shall be transferred to the judicial organ for criminal responsibility according to law.

Article 30 Any functionary of the license-issuing organ or relevant departments who abuse his power, illegally collect fees or engage in malpractices for personal gain, which constitutes a crime, shall be investigated for criminal responsibility according to law; those which do not constitute a crime shall be given administrative sanctions.

 

Chapter six supplementary provisions

 

 Article 31 The employment of Taiwan, Hong Kong and Macao residents in the Mainland shall be implemented in accordance with the Provisions on the Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland.

 Article 32 These Provisions shall not apply to the employment of foreigners in Taiwan, Hong Kong and Macao.

 Article 33 individual economic organizations and individual citizens from employing foreigners.

 Article 34 The labor administrative departments of the province, autonomous region or municipality directly under the Central Government may, in conjunction with the public security departments, formulate detailed rules for their local implementation in accordance with these Provisions and report them to the Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation for the record.

 Article 35 These provisions shall be interpreted by the Ministry of Labor.

Article 36 These Provisions shall come into force as of May 1,1996. The Provisions on the Employment of Foreigners without Residence permits and Foreigners who study in China issued by the former Ministry of Labor and Human Resources and the Ministry of Public Security on October 5,1987 shall be repealed at the same time.