Foreigners Working in China
Administration
of Foreigners Working inChinaProvisions
PART ONE GENERAL PROVISIONS
Article 1 These Regulations are formulated in accordance with the provisions of
relevant laws and regulations in order to strengthen administration of the
employment of foreigners in China.
Article 2 For the purposes of these Regulations， the term “foreigners” shall refer to persons who do not have Chinese
citizenship pursuant to the provisions of the PRC， Nationality Law.
For the purposes of these Regulations， the term “employment of foreigners in China” shall
mean the acts of lawful engagement in social labour and obtaining of labour
remuneration inside the People's Republic of China by foreigners who do not
have the right of permanent residence.
Article 3 These Regulations apply to foreigners employed inside the People's
Republic of China and work units inside the People's Republic of China which
employ foreigners.
These Regulations do not apply to personnel of
embassies and consulates of foreign countries in the People's Republic of China， the representative offices of the United Nations in the People's
Republic of China and other international organizations who enjoy diplomatic
privileges and diplomatic immunity.
Article 4 The labour administration authorities of the People's Governments of
each province， autonomous region and municipality directly
under the central government and the labour administration authorities at the
regional and municipal level authorized by them shall be responsible for administration
of the employment of foreigners in China.
PART TWO EMPLOYMENT PERMITS
Article 5 To hire a foreigner， the employing unit
must apply for an employment permit for such foreigner， and may hire such foreigner only after obtaining approval and a Foreigner's
Employment Permit of the People's Republic of China （hereafter “Permit”）。
Article 6 The position for which a foreigner is hired by the employing unit shall
be a position for which there are special requirements， for which there is a temporary shortage of suitable candidates inside
China and which does not violate relevant state regulations.
An employing unit may not hire a foreigner to engage
in artistic performances of a commercial nature， except， however， in the case of persons who conform to the provisions of section （3） of Article 9 hereof.
Article 7 In order to obtain employment in China， a foreigner must satisfy the following conditions：
1. be 18 years of age or above and in good health；
2. have the expertise and relevant work experience
required for their work；
3. have no criminal record；
4. have a confirmed hiring unit； and
5. have a valid passport or other international travel
documents which can be used instead of a passport （hereafter “Passport Substitute Documents”）。
Article 8 A foreigner employed in China shall enter the People's Republic of China
on a work visa （in the case of reciprocal visa exemption
agreements， matters shall be handled in accordance with
such agreements）， and， after entering the People's Republic of China， may be employed inside the People's Republic of China only after
obtaining a Foreigner's Employment Certificate （hereafter “Employment Certificate”） and foreigner's residence documents.
Foreigners who have not obtained residence documents （that is， holders of F， L， C and G visas）， foreigners who have come to study or to conduct fieldwork and the
accompanying dependants of foreigners holding work visas may not be employed in
China. In extraordinary circumstances， the employing unit shall apply for a Permit in accordance with the
examination and approval procedures specified herein， and the foreigner so hired shall proceed to the public security
authority to change his or her status on the strength of such Permit. Such
foreigner may be employed only after obtaining an Employment Certificate and a
residence permit.
The employment of spouses of personnel of the
embassies and consulates of foreign countries in the People's Republic of China
and the representative offices in the People's Republic of China of the United
Nations Organization and other international organizations shall be handled in
accordance with the PRC Ministry of Foreign Affairs， Concerning the Employment in China of the Spouses of Personnel of
Embassies and Consulates of Foreign Countries in the People's Republic of China
and the Representative Offices in the People's Republic of China of the United
Nations Organization Regulations. The relevant procedures shall be carried out
in accordance with the examination and approval procedures specified in
paragraph 2 of this Article.
Permits and Employment Certificates shall be centrally
printed by the Ministry of Labour.
Article 9 Foreigners who conform to any of the following conditions need not
obtain a work permit or Employment Certificate：
1. foreign specialist technical or management
personnel hired and paid for directly by the Chinese government， or foreign specialist technical or management personnel who hold a
high-level technical title or credentials in respect of special skills
confirmed by an authoritative technical or administrative authority or
professional association of their own country or an authoritative international
technical or administrative authority or professional association and who are
hired and paid for by a state authority or institution， and foreigners who hold a Foreign Expert Certificate issued by the
Bureau of Foreign Experts；
2. foreign labour service personnel with special
skills who hold a Work Certificate for a Foreigner Engaged in Off-Shore
Petroleum Business in the People's Republic of China， who are engaged in off-shore petroleum business and do not need to go
ashore； and
3. foreigners who hold a Temporary Permit to Engage in
Commercial Performances approved by the Ministry of Culture to carry out
artistic performances of a commercial nature.
Article 10 Foreigners who conform to any of the following conditions need not
obtain a Permit， and may， after entering the People's Republic of China， directly obtain an Employment Certificate on the strength of the work
visa and relevant certification：
1. foreigners hired to come to China to work on
Chinese-foreign co-operative exchange projects pursuant to agreements or
treaties between China and the government of a foreign country or an
international organization； and
2. the chief representative and the representatives of
the resident representative offices inChinaof foreign enterprises.
PART THREE APPLICATION， EXAMINATION AND APPROVAL
Article 11 To hire a foreigner， the employing unit
must complete an Application Form for the Employment of a Foreigner （hereafter “Application Form”）， submit an application to its authority in charge of the industry at the
same level as the labour administration authority in charge （hereafter “Authority in Charge of the Industry”） and provide the following valid documents：
1. evidence of the education and work experience of
the proposed foreign employee；
2. a letter of intent to hire；
3. a report on the reason for proposing to hire a
foreigner；
4. evidence of the qualifications of the proposed
foreign employee to engage in such work；
5. evidence of the state of health of the proposed
foreign employee； and
6. other documents specified in laws and regulations.
The Authority in Charge of the Industry shall carry
out examination and approval in
accordance with Article 6 and Article 7 hereof
and the provisions of relevant laws and regulations.
Article 12 After approval by the Authority in Charge of the Industry， an employing unit shall take the Application Form to the labour
administration authority of the province， autonomous region or municipality directly under the central government
or the labour administration authority at the regional and municipal level
authorized by such authority where such unit is located and carry out approval
procedures. The labour administration authority of the province， autonomous region or municipality directly under the central government
or the labour administration authority at the regional or municipal level
authorized by such authority shall designate a specialist authority （hereafter “Permit Issuing Authority”） to be specifically responsible for the issue of Permits. The Permit
Issuing Authority shall carry out approval in accordance with the opinions of
the Authority in Charge of the Industry and situation in respect of the demands
of the labour market， and shall issue a
Permit to the employing unit after approval.
Article 13 When an employing unit at the central government level or an employing
unit with no Authority in Charge of the Industry hires a foreigner， such unit may proceed directly to the Permit Issuing Authority of the
labour administration authority to submit an application and carry out
procedures in respect of a work permit.
The employment of foreigners by foreign investment
enterprises is not subject to examination and approval by the Authority in
Charge of the Industry. A foreign investment enterprise may proceed directly to
the Permit Issuing Authority of the labour administration authority and obtain
a Permit on the strength of its Contract， Articles of Association， Approval Certificate， Business Licence and other documents as specified in Article 11 hereof.
Article 14 The authorized unit must send the visa notification and Permit to the
proposed foreign employee. An employing unit approved to hire foreigners may
not directly issue a Permit to a proposed foreign employee.
Article 15 A foreigner whose employment in China has been approved shall proceed to
a Chinese embassy， consulate or consular office abroad and apply
for a work visa on the strength of the Permit issued by the Ministry of Labour， the letter or telegram of notification from the authorized unit and a
valid passport or Passport Substitute Documents of his or her country.
Persons who conform to the provisions of section （1） of Article 9 hereof shall apply for a work visa
on the strength of the letter or telegram of notification of the authorized
unit. Persons who conform to the provisions of section （2） of Article 9 hereof shall apply for a work visa
on the strength of the letter or telegram of notification issued by the China
National Offshore Oil Corporation. Persons who conform to the provisions of
section （3） of Article 9 hereof
shall apply for a work visa on the strength of the letter or telegram of
notification of the foreign affairs office of the People's Government of the
relevant province， autonomous region or municipality directly
under the central government and the approval document of the Ministry of
Culture （issued through the relevant embassy， consulate or consular office abroad）．
Persons who conform to the provisions of section （1） of Article 10 hereof shall apply for a work
visa on the strength of the letter or telegram of notification of the
authorized unit and the document concerning the co-operative exchange project.
Persons who conform to the provisions of section （2） of Article 10 hereof shall apply for a work
visa on the strength of the letter or telegram of notification of the
authorized unit and evidence of registration of the administration for industry
and commerce authority.
Article 16 Within 15 days from the date that a foreign employee has entered the
People's Republic of China， the employing unit
shall proceed to the original Permit Issuing Authority with the Permit， the labour contract entered into with the foreign employee and his or
her valid passport or Passport Substitution Documents to obtain an Employment
Certificate for the foreigner and complete a Registration Form for Employment
of Foreigners.
Employment Certificates shall be valid only within the
region specified by the Permit Issuing Authority.
Article 17 Foreigners who have obtained an Employment Certificate shall take their
Employment Certificate to the public security authority and apply for residence
permits within 30 days after entering the People's Republic of China. The term
of effectiveness of the residence permit may be determined in accordance with
the term of effectiveness of the Employment Certificate.
PART FOUR LABOUR MANAGEMENT
Article 18 Employing units shall enter into labour contracts with foreign employees
according to law. The maximum term of the labour contract may not exceed five
years. The labour contract shall terminate upon expiration of its term， but may be extended after performing the examination and approval
procedures as specified in Article 19 hereof.
Article 19 The Employment Certificate shall expire upon expiration of the term of
the labour contract entered into by the foreign employee and the employing
unit. If an extension is required， the said employing unit shall submit an application
for extension of the employment term to the labour administration authority
within 30 days prior to the expiration of the original contract and， upon approval， shall carry out
procedures for extension of the Employment Certificate.
Article 20 Within 10 days after extension of the term of employment in China or
change in the region or unit of employment of a foreigner has been approved， the foreigner shall proceed to the local public security authority to
carry out procedures in respect of extension or amendment of his or her
residence documents.
Article 21 An employing unit shall promptly report rescission of the labour
contract between a foreign employee and the employing unit to the labour and
public security authorities， return the
Employment Certificate and residence documents， and proceed to the public security authority to carry out procedures in
respect of leaving the People's Republic of China.
Article 22 Wages paid to the foreign employee by the employing unit may not be
lower than the local minimum wage standard.
Article 23 Working hours， rest， holidays， labour safety and hygiene and social insurance
of foreigners employed in China shall be handled in accordance with relevant
state regulations.
Article 24 The employing unit of a foreigner employed in China must be the same as
the unit specified in his or her Employment Certificate.
A foreigner who changes his or her employing unit
within the region specified by the Permit Issuing Authority but continues to
engage in the original occupation must obtain the approval of the original
Permit Issuing Authority and carry out procedures for amendment of his or her
Employment Certificate.
A foreigner who leaves the employment region specified
by the Permit Issuing Authority or changes his or her employing unit and
engages in a different occupation within the specified region must carry out
procedures for an employment permit anew.
Article 25 If the resident status of a foreigner is revoked by the Chinese public
security authorities due to violation of Chinese laws， the employing unit shall rescind the labour contract and the labour
authority shall cancel the Employment Certificate.
Article 26 Labour disputes which arise between the employing unit and the foreign
employee shall be handled in accordance with the PRC， Labour Law and the PRC， Handling of Labour
Disputes in Enterprises Regulations.
Article 27 The labour administration authority shall carry out an annual inspection
of Employment Certificates. Within 30 days prior to the end of each full year
of employment of a foreigner， the employing unit
shall proceed to the Permit Issuing Authority of the labour administration
authority to carry out procedures in respect of the annual inspection of the
Employment Certificate on behalf of the foreign employee. If this term is
exceeded， the Employment Certificate shall automatically
become ineffective.
If the Employment Certificate of a foreigner is lost
or damaged during the period of his or her employment in China， such foreigner shall proceed immediately to the original Permit Issuing
Authority to carry out procedures in respect of reporting the loss of， replacement or exchange of the Certificate.
PART FIVE PENALTIES
Article 28 If a foreigner fails to obtain an Employment Certificate and obtains
employment without authorization， or an employing unit
fails to obtain a Permit and employs a foreigner without authorization in
violation of these Regulations， the public security
authorities shall handle the matter in accordance with Article 44 of the PRC， Control of the Entry and Exit of Foreigners Law Implementing Rules.
Article 29 The labour administration authority shall recover the Employment
Certificate， and request the public security authorities to
rescind the resident status of a foreigner who refuses inspection of his or her
Employment Certificate by the labour administration authorities， or changes his or her employing unit or occupation or extends the term
of his or her employment without authorization. If a foreigner has to be
deported by such authority， deportation expenses
shall be borne by the employing unit or by such foreigner.
Article 30 If a foreigner or an employing unit falsifies， alters， misuses， assigns， buys or sells an Employment Certificate or
Permit， the labour administration authority shall
recover the Employment Certificate or Permit， confiscate the illegal income and impose a fine of not less than Rmb 10，000 and not more than Rmb 100，000. In serious cases where a criminal offence is constituted， the matter shall be handed over to the judicial authorities， and criminal liability shall be pursued according to law.
Article 31 If the working personnel of the Permit Issuing Authority or the relevant
authorities abuse their functions and powers， collect fees illegally or practice graft and a criminal offence is
constituted， criminal liability shall be pursued according
to law. If no criminal offence is constituted， administrative penalties shall be imposed.
PART SIX SUPPLEMENTARY PROVISIONS
Article 32 The employment in mainland China of residents of the Chinese regions of
Taiwan， Hongkong and Macao shall be handled in
accordance with the Administration of the Employment in Mainland China of
Taiwan， Hongkong and Macao Residents Regulations.
Article 33 These Regulations do not apply to the employment of foreigners in the
Chinese regions of Taiwan， Hongkong and Macao.
Article 34 The employment of foreigners by individual economic organizations and
individual citizens is prohibited.
Article 35 The labour administration authorities of the provinces， autonomous regions and municipalities directly under the central
government may formulate detailed implementing rules for their region pursuant
to these Regulations together with the public security authorities， and submit the same to the Ministry of Labour， the Ministry of Public Security， the Ministry of Foreign Affairs and the Ministry of Foreign Trade and
Economic Co-operation for the record.
Article 36 These Regulations shall be interpreted by the Ministry of Labour.
Article 37 These Regulations shall be implemented from 1 May 1996. The Concerning
Employment in China of Foreigners Who Have Not Obtained Residence Documents and
of Foreigners Studying in China Several Regulations promulgated on 5 October
1987 by the former Ministry of Labour and Personnel and the Ministry of Public
Security shall be repealed on the sam
