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Document Number : No. 218 [2017] of the State Administration of Foreign Experts Affairs 

Area of Law : Talent Flow

Level of Authority : Departmental Regulatory Documents

Date issued : 11-28-2017  

Effective Date : 11-28-2017  

Issuing Authority : State Bureau of Foreign Experts Affairs (Dissolved with its plaque retained)    Ministry of Foreign Affairs    Ministry of Public Security    

Status : Effective

Notice of the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security on Issuing theImplementation Measures for Foreign Talent Visas

(No. 218 [2017] of the State Administration of Foreign Experts Affairs)

The administrations of foreign experts affairs, foreign affairs offices and public security departments of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps; all Chinese embassies, consulates general, and consulate offices stationed abroad; and the commissioner's offices of the Foreign Ministry in Hong Kong and Macao Special Administrative Regions:

In order to further improve and perfect the system for foreign talent R visas, specify the standard conditions and handling procedures for applying for foreign talent visas, and facilitate foreign talent in their innovation, entrepreneurship and work in China, the State Administration of Foreign Experts Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security have developed upon deliberation theImplementation Measures for Foreign Talent Visas, which are hereby issued for your compliance and implementation.

State Administration of Foreign Experts Affairs

Ministry of Foreign Affairs of the People's Republic of China

Ministry of Public Security of the People's Republic of China

November 28, 2017

Implementation Measures for Foreign Talent Visas

Article 1 In order to specify the standard conditions for foreigners to apply for foreign talent visas (“R visas”), regulate the handling procedures thereof, strengthen the organic connection between visas of foreign talent and their work permits and residence permits for work, and facilitate foreign talent in their innovation and entrepreneurship in China, these Measures are developed in accordance with the Exit-Entry Administration Law of the People's Republic of Chinaand other relevant provisions.

Article 2 The State Administration of Foreign Experts Affairs ("SAFEA"), the Ministry of Foreign Affairs ("MFA") and the Ministry of Public Security ("MPS") shall, according to their division of functions, develop the application conditions for R visas, and provide guidance for the issuance, renewal, replacement or reissuance of R visas.

Article 3 The SAFEA, the MFA and the MPS shall strengthen the overall planning and coordination, and improve the collaboration mechanism in such service management work as confirming the qualification of foreign talent and issuing R visas, work permits, residence documents for work and other documents, so as to achieve the sharing of information resources.

Article 4 R visas will be issued to the high level foreign talent and urgently needed foreign talent necessary for the economic and social development of China, or scientists, science and technology leading talent, international entrepreneurs, special talent and high-skilled talent, among others, who meet the orientation of "high-levels, elites, top leaderships, and urgently-needed people" and market demands.

Any foreigner applying for an R visa shall satisfy the standard conditions for high level foreign talent (Category A) as prescribed in the Categories for Foreigners Working in China (for Trial Implementation).The SAFEA shall, in conjunction with the MFA and the MPS, adjust the standards for determination of high level foreign talent at appropriate time according to the needs of economic and social development and the supply and demand of talent resources.

Article 5 For any foreigner applying for an R visa abroad, his or her inviter shall file an application with the administrative department for foreigners working in China of the people's government of the province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the "administrative department for foreigners working in China of the provincial people's government" ), and at the same time submit online the application form, the invitation letter from the domestic inviter and the relevant certification materials for such foreigner's compliance with the standards for determination of foreign talent eligible for R visas.

If the foreigner meets the standard conditions for high level foreign talent, the administrative department for foreigners working in China of the provincial people's government shall, within five working days, issue the Confirmation Letter for High Level Foreign Talent(See Annex) online to the foreigner's domestic inviter, and then communicate such information including the Confirmation Letter for High Level Foreign Talentto the embassy or consulate of China in the country (region) where the applicant is located or any other institution stationed abroad as authorized by the MFA, and at the same time the SAFEA shall communicate the said information to the MFA and the MPS.

The SAFEA shall strengthen the supervision and inspection over the qualification acceptance and examination of foreign talent as well as work management and service guarantee therefor by the administrative departments for foreigners working in China of the provincial people's governments.

Article 6 Where a foreigner applies for an R visa with an embassy or consulate stationed abroad or any other institution stationed abroad as authorized by the MFA, the following materials shall be submitted:

(1) An application form for the visa.

(2) The applicant's passport (with a period of validity of more than six months) and relevant photos as required.

(3) The printing copy of theConfirmation Letter for High Level Foreign Talent.

(4) Other materials required by the embassy or consulate stationed abroad or any other institution stationed abroad as authorized by the MFA.

Article 7 For any eligible applicant for an R visa, the embassy or consulate stationed abroad or any other institution stationed abroad as authorized by the MFA may issue to him or her a multiple entry visa with a period of validity from five to ten years; and issue to the applicant's spouse and minor children the corresponding type of multiple entry visa with the same period of validity.

Article 8 The embassy or consulate stationed abroad or any other institution stationed abroad as authorized by the MFA may provide expedited visa processing for the applicant as mentioned in Article 7, and issue the visa within two working days.

Article 9 Where the embassy or consulate stationed abroad or any other institution stationed abroad as authorized by the MFA handles the visa applications filed by the applicant as mentioned in Article 7, visa fees or surcharges for expedited visa processing shall be waived.

Article 10 Any foreigner holding an R visa who works in China shall apply for a work permit for foreigners working in China with the administrative department for foreigners working in China of the local people's government at the place where the foreigner's employer is located or the agency authorized by the department.

Any foreigner holding an R visa may submit online the employment contract or the certificate of employment, the certificate of physical examination, the notes page of the R visa and the information page of the passport to apply for the work permit for foreigners working in China, and also apply all online for the renewal, replacement and re-issuance of the said permit; the administrative department for foreigners working in China of the local people's government shall conduct examination of the application and make a decision within three working days, and at the same time communicate the relevant information to the exit-entry administrative department of the public security authority at the same level.

Article 11 Public security authorities shall facilitate visas and residence for foreign talent in China in accordance with the law.

Article 12 The SAFEA, the MFA and the MPS shall, according to the needs of the economic and social development of China, promote management innovation in accordance with the law, provide more convenience for foreign talent in China and continuously improve the service level.

Article 13 These Measures shall be subject to interpretation by the SAFEA, the MFA and the MPS, and shall come into force on the date of issuance.

Annex: Confirmation Letter for High Level Foreign Talent


Annex:

Confirmation Letter for High Level Foreign Talent

Issue No.:

Embassy (Consulate General/Consulate Office) of the P. R. China in ___________or the Commissioner's Office of the Foreign Ministry of the P. R. China in ___________SAR:

According to The Implementation Measures for Foreign Talent R Visa and Categories for Foreigners Working in China, confirmed by ___________(Department of Administration on Foreigners Working in China of the Provincial People's Government), Mr./Ms. ___________(Passport No. ___________) is certified as High Level Talent (Category A). At the invitation of ___________ (Employer), he/she will come to China on ___________ (day/month/year), please proceed with relevant procedures.

This confirmation letter is valid for 6 months upon certification.

Signature of Certification:

Date of Issue:

Contact:Phone Number:

Confirmation Letter for High Level Foreign Talents

Issue No:

Embassy(Consulate General/Consulate Office) of the P.R.China in ___________or the Commissioner's Office of the Foreign Ministry of the P.R.China in___________SAR:

According to The Implementation Measures for Foreign Talents R Visa and Categories for Foreigners Working in China,confirmed by ___________(Department of Administration on Foreignors Working in China of the Provincial People's Government),Mr./MS._________________ (Passport No.___________)is certified as High Level Talents (Category A).At the invitation of___________(Employer),he/she Will come to China on___________(day/month/year),please proceed With relevant procedures.

This confirmation letter is valid for 6 months upon certification.

Signature of Certification:

Date of Issue:

Contact:      Phone Number:




(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)