Policy Information

What are the conveniences of foreign talents coming to China for employment?

Q:

Which foreign talents who come to China for cooperation can enjoy preferential treatment for entry and residence?

A:

According to the spirit of the Notice of the General Office of the State Council on Forwarding the Provisions of the Ministry of Public Security, the Ministry of Foreign Affairs and Other Departments on Providing Entry and Residence Convenience for High level Talents and Investors of Foreign Nationality (State Office [2002] No. 32), foreign nationals who meet one of the following conditions can be provided with entry and employment convenience:

(1) High tech and high-level management personnel who execute national and provincial (ministerial) level scientific and technological cooperation projects, key engineering agreements, and other projects signed between the central or local government and foreign countries;

(2) Senior management personnel and important professional and technical personnel who hold the position of deputy general manager or above or enjoy equal treatment in enterprises and public institutions;

(3) Personnel with an investment of over 3 million US dollars, as well as management and professional technical personnel dispatched to China by foreign enterprises or other economic organizations that meet the above conditions.

Q:

Foreign nationals who meet the above conditions can enjoy the following employment benefits:

A:

(1) For those who enter the country with L, F, and X visas and require employment, they can apply to the local labor security department by themselves or their employer after entering the country. After being reviewed by the labor security department of the provincial city, they can apply to the provincial labor and employment management center for the "Foreigner Work Permit Notice" and "Foreigner Work Permit". Apply for a change of visa to the local public security exit and entry management department with a Foreigner Work Permit, and obtain a valid foreigner residence permit for 2-5 years, as well as a multiple return Z visa for the same period.

(2) The validity period of the Foreigner's Work Permit is determined based on the employment period of the employer, and it shall not exceed 5 years for a single issuance, and shall not exceed the validity period of the foreigner's passport and the business or registration period of the employer. The validity period of the Foreigner's Residence Permit shall not exceed the validity period of the Foreigner's Work Permit.

The chief representative and representative of a foreign enterprise's permanent representative office shall be determined based on the duration of the Work Permit for the Permanent Representative Office of Foreign Enterprises in China.

Q:

What are the prerequisites for foreigners to legally work in China?

A:

According to the Regulations on the Administration of Foreigners' Employment in China, if a foreigner has not obtained the right of settlement or Chinese nationality in China (only referring to the Chinese Mainland, the same below), a prerequisite for working in China and obtaining labor remuneration is to obtain a Foreigner's Work Permit.

In addition, after obtaining a work permit for foreigners in China, foreigners still need to apply to the competent immigration department to obtain a legal residence permit in order to legally reside and work within the country.

Employers in China should promptly apply for work permits and work residence permits for foreigners in order to officially arrange for them to work in China. Otherwise, if the employer engages in illegal employment, they will be subject to administrative penalties, including a fine of 1000 RMB per person, a total of no more than 100000 RMB, and confiscation of illegal gains (if any). Foreigners who constitute illegal employment will also be fined between RMB 5000 and RMB 20000. In serious cases, they will be detained for 5 to 15 days and fined between RMB 5000 and RMB 20000.

Q:

What are the convenient measures for foreign high-end talents (Class A)?

A:

(1) Foreign high-end talents selected for domestic talent programs can be processed online throughout the entire process without the need to submit paper materials for verification;

(2) Compliant with the Classification Standards for Foreigners Working in China for Foreign High end Talents (Class A)

a. Selected for domestic talent programs;

b. For those who meet internationally recognized professional achievement recognition standards, the work qualification certificate adopts a commitment system (excluding those who meet the professional achievement recognition standards based on past work experience);

(3) Compliant with the Classification Standards for Foreigners Working in China for Foreign High end Talents (Class A)

a. Selected for domestic talent programs;

b. Those who meet internationally recognized professional achievement recognition standards;

c. Foreign talents who meet the demand for market-oriented and encouraging positions;

d. For innovative and entrepreneurial talents, the highest degree (degree) certificate adopts a commitment system;

(4) The certificate of no criminal record adopts a commitment system;

(5) Those who have entered China with other visas or valid residence permits can apply for a foreign work permit within the country;

(6) The decision-making body shall review and make a decision within 5 working days if applying for a foreigner's work permit, extension or cancellation of the foreigner's work permit in China.

(7) For those who apply to work in China for less than 90 days, they can apply for an invitation letter for foreign experts to come to China, and other foreign experts can accompany them. After obtaining an invitation letter from foreign experts to come to China, one can apply for an F visa, which allows for multiple entry and exit without the need to apply for a work residence permit upon entry.

(8) Foreigners can be granted a work permit to China for a maximum of 5 years.