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Administrative Provisions on Employment of Foreigners in China
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Article 2 Foreigners referred to in these Provisions shall mean non-Chinese nationals stipulated in the Nationality Law of the People's Republic of China.Employment of foreigners in China referred to in these Provisions shall mean the act of employing foreigners who do not have right of abode in China to engage in social labour work in exchange for labour remuneration.Article 3 These Provisions shall apply to foreigners employed in China and employers hiring foreigner employees.These Provisions shall not apply to staff of foreign embassies and consulates, United Nations representative office in China and other international organisations, who enjoy diplomatic privileges and immunities.Article 5 Employers hiring a foreigner shall apply an employment permit for the said foreigner, and may only employ him/her upon approval and obtaining a "Permit to Employ Foreigner in the People's Republic of China" (hereinafter referred to as the "Employment Permit").Article 6 The job positions to be filled by foreigner employees shall be due to unique needs, for which suitable candidates are lacking in China, and do not violate the relevant provisions of the State. Employers shall not employ foreigners to undertake cultural performances of a commercial nature, except for persons stipulated in item (3) of Article 9 of these Provisions.Article 7 Foreigners employed in China shall satisfy the following criteria:(1) attained 18 years of age, and are healthy;(2) possess the requisite professional skill and the corresponding work experience for the work;(3) have no criminal record;(4) the employer is confirmed; and(5) hold a valid passport or any other international travel document which is passport equivalent (hereinafter referred to as the "passport equivalent document").Article 8 Foreigners seeking employment in China shall enter China with a Z visa (where there is an agreement on mutual visa exemption, the agreement shall prevail), and obtain a "Foreigner Employment pass" (hereinafter referred to as the "Employment pass") and a foreigner residence permit before they can be employed in China.Article 10 Foreigners who satisfy any of the following criteria may be exempted from applying for an employment permit, and upon entering China they may present their Z visa and the relevant certificates to apply for an employment pass directly:
(1) foreigners engaged to work in China under Sino-foreign cooperative exchange projects implemented pursuant to agreements or conventions entered into by the Chinese government with foreign governments or international organisations; or(2) chief representatives and representatives of permanent representative offices in China of foreign enterprises.Article 11 Employers hiring a foreigner shall fill in an "Application Form for Employment of Foreigner" (hereinafter referred to as the "Application Form"), submit the application to the industry administrative authorities at the same level of the labour administrative authorities (hereinafter referred to as the "industry administrative authorities"), and provide the following valid documents:(1) curriculum and certificates of the prospective foreigner employee;(2) intent of employment;(3) report on reason for hiring a foreigner employee;(4) proof of the prospective foreigner employee's qualification for the said job;(5) proof of health status of the prospective foreigner employee; and(6) any other documents stipulated by laws and regulations.Article 13 Foreign investment enterprises hiring foreigners are not required to undergo examination and approval by the industry administrative authorities, and may present the contract, articles of association, approval certificate, business licence and the documents stipulated in Article 11 of these Provisions to apply directly for an employment permit with the permit-issuing department of the labour administrative authorities.Article 14 Foreigners approved to work in China shall present the approval certificate and their valid passport or passport equivalent document to apply for a Z visa from the foreign embassy or consulate in China.Persons who comply with the provisions in item (2) of Article 9 shall present the notification letter issued by the China National Offshore Oil Corporation to apply for a Z visa; persons who comply with the provisions of item (3) of Article 9 shall present the approval document issued by the Ministry of Culture to apply for a Z visa.Persons who comply with the provisions of the first paragraph of Article 10 shall present the cooperation and exchange project letter to apply for a Z visa; persons who comply with the provisions of item (2) of Article 10 shall present the registration certificate issued by the administration for industry and commerce to apply for a Z visa.Article 16 A foreigner who has applied for an employment pass shall present the employment pass to apply to the public security authorities for a residence permit within 30 days from entering China. The validity period of the residence permit may be determined in accordance with the validity period of the employment pass.
Article 18 Upon expiry of the term of the labour contract entered into between a foreigner employee and his/her employer, his/her employment pass shall forthwith become void. Where there is a need for renewal, the employer shall submit an application for extension of employment period with the labour administrative authorities within 30 days before expiry of the original contract, and complete the employment pass renewal formalities upon approval.Article 19 Upon approval of extension of employment period of a foreigner, or in the event of change in employment locality or employer, the foreigner shall complete residence permit renewal or change formalities with the public security authorities at the locality within 10 days.Article 23 The employer in China shall be consistent with the employer stated on the employment pass.Where there is a change of employer within the region stipulated by the permit-issuing department but the foreigner employee is still undertaking the original occupation, approval of the original permit-issuing department is required and the employment pass change formalities shall be completed.Where the foreigner is seeking employment outside the region stipulated by the permit-issuing department, or there is a change in employer within the originally stipulated region but the foreigner is seeking employment for a different occupation, the employment permit formalities shall be completed again.Article 24 Where a foreigner employee has violated China laws and his/her residence qualification is cancelled by the public security authorities, the employer shall rescind the labour contract and the labour administrative authorities shall cancel the employment pass.Article 25 Labour disputes between employers and foreigner employees shall be handled pursuant to the Labour Law of the People's Republic of China and the Law of the People's Republic of China on Mediation and Arbitration of Labour Disputes.Article 26 The labour administrative authorities shall implement annual inspection for employment passes. For each service anniversary of a foreign employee, the employer shall process the annual inspection formalities for employment pass for the foreigner employee with the permit-issuing department of the labour administrative authorities within 30 days before the service anniversary. Failing to do so, the employment pass shall become void automatically.In the event of loss or damage of employment pass during the employment period in China, the foreigner shall forthwith complete the formalities for loss reporting, replacement or reissuance with the original permit-issuing department.Article 27 Foreigners violating these Provisions in holding a job in China without an employment pass and employers who hire foreigners without obtaining an employment permit shall be dealt with by the public security authorities pursuant to Article 44 of the Implementation Regulations for the Law of the People's Republic of China on Administration of Immigration of Foreigners.Article 28 In the case of foreigners who refuse inspection of employment pass by the labour administrative authorities, change employer arbitrarily, change occupation arbitrarily, extend employment period arbitrarily, the labour administrative authorities shall take back their employment pass and request that the public security authorities cancel their residence qualification. Where it is required for the foreigner to be repatriated, the repatriation expenses shall be borne by the employer or the foreigner.Article 29 In the case of foreigners and employers guilty of forgery, alteration, fraudulent use, transfer, sale and purchase of employment pass and employment permit, the labour administrative authorities shall take back the employment pass and employment permit, confiscate the illegal income thereof, and impose a fine ranging from RMB10,000 to RMB100,000; where the case is serious and constitute a criminal offence, the case shall be forwarded to the judicial authorities for pursue of criminal liability.Article 30 Where an officer of the permit-issuing department or the relevant authorities has abused official powers, collected fees illegally or engaged in corruption, and such act constitutes a criminal offence, criminal liability shall be pursued in accordance with the law; where the case does not constitute a criminal offence, administrative punishment shall be imposed.
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