Policy Information

The Regulations on the Administration of Employment of Foreigners in China were promulgated on January 22, 1996 by the Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Foreign Trade and Economic Cooperation with the Ministry of Labor [1996] No. 29. They were amended in accordance with the Order No. 7 of the Ministry of Human Resources and Social Security of the People's Republic of China on November 12, 2010 and the Order No. 32 of the Ministry of Human Resources and Social Security of the People's Republic of China on March 13, 2017.

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1: In order to strengthen the management of foreign employment in China, this regulation is formulated in accordance with relevant laws and regulations.

Article 2: The term "foreigner" referred to in these regulations refers to a person who does not hold Chinese nationality in accordance with the Nationality Law of the People's Republic of China. The term "foreigner employment in China" referred to in these regulations refers to the behavior of foreigners who have not obtained the right to settle in China and engage in social labor in accordance with the law and receive labor remuneration.

Article 3: These regulations apply to foreigners employed within China and employers employing foreigners. This regulation does not apply to personnel who enjoy diplomatic privileges and immunities in foreign embassies, consulates, United Nations representative offices in China, and other international organizations.

Article 4: The labor administrative departments of the people's governments of various provinces, autonomous regions, and municipalities directly under the central government and their authorized prefecture level labor administrative departments are responsible for the management of foreign employment in China.

Chapter Ⅱ Employment Permit

Article 5: Employers must apply for an employment permit for foreigners and obtain the "Alien Employment Permit Certificate of the People's Republic of China" (hereinafter referred to as the "Permit Certificate") before hiring them.

Article 6: Employers shall hire foreigners for positions that have special needs, are temporarily lacking in suitable candidates in China, and do not violate relevant national regulations. Employers shall not hire foreigners to engage in commercial cultural performances, except for personnel who comply with the provisions of Article 9 (3) of these Regulations.

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

(1) At least 18 years old, in good health;

(2)Having the necessary professional skills and corresponding work experience to engage in their work;

(3) No criminal record;

(4)Having a confirmed employer;

(5)Holding a valid passport or other international travel document that can replace a passport (hereinafter referred to as a passport replacement document).

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 in accordance with the agreement). After entering the country, they shall obtain the "Foreigner Employment Permit" (hereinafter referred to as the "Employment Permit") and the foreigner's residence permit before they can work in China.

Foreigners who have not obtained a residence permit (i.e. those holding visas F, L, C, G), foreigners studying or interning in China, and accompanying family members of foreigners holding vocational visas are not allowed to work in China. In special circumstances, the employer shall apply for a permit certificate in accordance with the approval procedures stipulated in these regulations. The employed foreigner shall change his/her identity at the public security organ with the permit certificate and obtain an employment permit or residence permit before obtaining employment.

The spouses of personnel from foreign embassies and consulates in China, as well as representatives of the United Nations system and other international organizations stationed in China, shall be employed in China in accordance with the "Regulations of the Ministry of Foreign Affairs of the People's Republic of China on the Employment of Spouses of Personnel from Foreign Embassies and Consulates in China and Representatives of United Nations System Organizations in China", and relevant procedures shall be handled in accordance with the approval procedures stipulated in the second paragraph of this article.

The license 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 obtaining employment permits and employment permits:

(1)Foreign professional technical and management personnel directly funded and hired by the Chinese government, or foreign professional technical and management personnel funded and hired by national agencies and public institutions, with senior technical titles or special skills qualification certificates confirmed by national or international authoritative technical management departments or industry associations, and holding the "Foreign Expert Certificate" issued by the Foreign Expert Bureau;

(2) Foreign labor personnel who hold the "Foreigners Engaging in Offshore Oil Operations Permit in the People's Republic of China" for offshore oil operations, do not require landing, and have special skills;

(3)Foreigners who hold a "Temporary Business Performance License" approved by the Ministry of Culture for commercial cultural performances.

Article 10: Foreigners who meet one of the following conditions may be exempted from obtaining a permit, and upon entering the country, they may apply for an employment permit directly with a Z-visa and relevant certificates:

(1)Foreigners hired to work in China for Sino foreign cooperation and exchange projects in accordance with agreements and agreements between Chinese and foreign governments and international organizations;

(2)The chief representative and representative of a foreign enterprise's permanent representative office in China.

Chapter Ⅲ Application and Approval

Article 11: Employers who hire foreigners must fill out the "Application Form for Employment of Foreigners" (hereinafter referred to as the "Application Form"), submit an application to the industry competent department at the same level as the labor administrative department (hereinafter referred to as the industry competent department), and provide the following valid documents:

(1)Proof of resume of the intended foreign employee;

(2)Employment intention letter;

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

(4)Qualification certificate of the proposed foreigner for the job;

(5)Proof of health status of the proposed foreigner;

(6)Other documents required by laws and regulations.

The industry regulatory department shall conduct approval in accordance with Article 6 and Article 7 of these regulations and relevant laws and regulations.

Article 12: After being approved by the industry regulatory department, the employer shall present the application form to the labor administrative department of the province, autonomous region, or municipality directly under the central government in the region where the employer is located or its authorized prefecture level labor administrative department to handle the approval procedures. The labor administrative departments of provinces, autonomous regions, and municipalities directly under the central government or authorized prefecture level labor administrative departments shall designate specialized agencies (hereinafter referred to as issuing agencies) to be specifically responsible for issuing license certificates. The issuing authority shall approve based on the opinions of the industry regulatory department and the demand situation of the labor market, and issue a license certificate to the employer after approval.

Article 13: Central level employers or employers without industry regulatory authorities may directly apply for and handle employment permit procedures at the licensing authority of the labor administrative department when hiring foreigners.

Foreign invested enterprises that hire foreigners do not require approval from industry regulatory authorities. They can directly apply for a license from the labor administrative department issuing authority by presenting the contract, articles of association, approval certificate, business license, and the documents specified 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, or offices abroad with a permit certificate and a valid passport from their own country or a document that can replace a passport.

Individuals who meet the requirements of Article 9 (2) shall apply for a Z-visa by presenting a notice letter or telegram issued by China National Offshore Oil Corporation; Individuals who meet the requirements of Article 9 (3) shall apply for a Z-visa with the approval of the Ministry of Culture.

Individuals who meet the requirements of Article 10, Paragraph 1 of these Regulations shall apply for a Z visa with a cooperation and exchange program letter; Individuals who meet the requirements of Article 10 (2) shall apply for a Z visa with a registration certificate from the administrative department for industry and commerce.

Article 15: Employers shall, within 15 days after the entry of the hired foreigner, present a permit, labor contract signed with the hired foreigner, and a valid passport or alternative passport to the original issuing authority to apply for an employment permit for the foreigner, and fill out the "Foreigner Employment Registration Form".

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

Article 16: Foreigners who have obtained an employment permit shall, within 30 days after entering the country, apply for a residence permit at the public security organ with their employment permit. The validity period of a residence permit can be determined based on the validity period of the employment permit.

Chapter Ⅳ Labor Management

Article 17: Employers and employed foreigners shall enter into labor contracts in accordance with the law. The maximum term of a labor contract shall not exceed five years. The labor contract shall terminate upon expiration, but may be renewed after completing the approval procedures in accordance with Article 18 of these regulations.

Article 18: Upon the expiration of the labor contract signed between the employed foreigner and the employer, their employment certificate shall become invalid. If the contract needs to be renewed, the employer shall apply to the labor administrative department for an extension of the employment period within 30 days before the expiration of the original contract. After approval, the employer shall handle the extension procedures for the employment certificate.

Article 19: Foreigners who are approved to extend their employment period in China or change their employment area or unit shall, within 10 days, go to the local public security organ to apply for the extension or change of their residence permit.

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 departments, return the foreigner's employment permit and residence permit, and go to the public security organs to handle the exit procedures.

Article 21: The wages paid by the employer to the hired foreigner shall not be lower than the local minimum wage standard.

Article 22: The working hours, rest, vacation, labor safety and health, and social insurance of foreigners employed in China shall be implemented in accordance with relevant national regulations.

Article 23: The employing units of foreigners employed in China must be consistent with the units indicated on their employment certificates.

Foreigners who change their employer within the area specified by the issuing authority but still engage in their original occupation must obtain approval from the issuing authority and complete the procedures for changing their employment permit.

Foreigners who leave the area designated by the issuing authority for employment or change employers within the originally designated area and engage in different professions must reapply for the employment permit procedures.

Article 24: Aliens whose residency qualifications have been revoked by Chinese public security organs due to violations of Chinese laws shall have their employment contracts terminated by the employer, and their employment certificates shall be revoked by the labor department.

Article 25: If a labor dispute arises between an employer and an employed foreigner, it shall be handled in accordance with the Labor Law of the People's Republic of China and the Enterprise Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

Article 26: The labor administrative department shall conduct annual inspections on employment certificates. Employers shall, within 30 days prior to the expiration of each one-year employment period when hiring foreigners, go to the issuing authority of the labor administrative department to handle the annual inspection procedures for the employed foreigners' employment certificates. If the application is not completed within the prescribed time limit, the employment certificate will automatically become invalid.

Foreigners who lose or damage their employment permit during their employment in China should immediately go to the original issuing authority to report the loss, reissue or renew the permit.