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The Decision of the Ministry of Human  Resources and Social Security on Amending the Provisions on the Employment Administration of Foreigners in China, as deliberated and adopted at the 116th executive meeting of the Ministry of Human  Resources and Social Security on Jan 22, 2017, upon deliberation with and the consent of the Ministry of Public Security, the Ministry of  Foreign Affairs, and the Ministry of Commerce, is hereby issued and shall come into force on the date of issuance.

Minister Yin Weimin

March 13, 2017

Decision  of the Ministry of Human Resources and Social Security on Amending the  Provisions on the Employment Administration of Foreigners in China  (2017)

According to the Regulations  of the People's Republic of China on Administration of the Entry and  Exit of Foreigners and the Decree of the State Council of the People's  Republic of China, and adhering to the State Council's requirements for  streamlining and optimizing services, some relevant clauses in the  Provisions on the Employment Administration of Foreigners in China  (Issued by the Ministry of Labor [1996] No 29) are hereby amended.

1. The "Employment Visas" in Article 8 and Article 10 is amended to "Z Visas".

2. Article 14 is deleted.

3. Article 15 is amended as Foreigners with permission to work in China  should apply for a Z Visa at the Chinese embassies and consulates,  bringing with them the Employment License issued by the Ministry of Labor, and a valid passport or documents capable of replacing a  passport.

Personnel referred to in Article 9 (2) should apply for a Z Visa by presenting  their letter or fax of visa notification issued by the China National Offshore Oil Corporation; personnel referred to in Article 9 (3) should apply for a Z Visa by presenting the relevant documents of approval of  the Ministry of Culture.

Personnel  referred to in Article 10 (1) of these rules should apply for a Z Visa  by presenting their documentation on projects of cooperation and  exchange; personnel referred to in Article 10 (2) should apply for a Z Visa by presenting their registration certification issued by the administrative authorities of industry and commerce.

This decision shall come into force on the day of its promulgation.

Rules for the Administration of Employment of Foreigners in China

(Promulgated  jointly by the Ministry of Labor, Ministry of Public Security, Ministry  of Foreign Affairs and the Ministry of Foreign Trade and Economic  Cooperation of the People's Republic of China on Jan 22, 1996)

Contents

Chapter I General Provisions

Chapter II Employment License

Chapter III Application and Approval

Chapter IV Labor Administration

Chapter V Penalty Provisions

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 These rules are formulated in accordance with the provisions of the relevant  laws and decrees for the purpose of strengthening the administration of  employment of foreigners in China.

Article 2 The  term "foreigners" in these rules refers to the persons, who under the  Nationality Law of the People's Republic of China, do not have Chinese  nationality.

The  term "employment of foreigners in China" in these rules refers to acts  of foreigners without permanent residence status to engage in  remunerative work within Chinese territory in accordance with its laws.

Article 3 These rules shall apply to employed foreigners within Chinese territory and their employers.

These rules shall not apply to foreigners who enjoy diplomatic privileges and  immunities employed by foreign embassies or consulates, or the offices of the United Nations and other international organizations in China.

Article 4 The  labor administrative authorities of the people's government of the provinces, autonomous regions and municipalities directly under the Central Government and those at the prefecture and city level with their authorization are responsible for the administration of employment of foreigners in China.

Chapter II Employment License

Article 5  The employer shall apply for the employment permission if it intends to employ foreigners and may do so after obtaining approval and the People's Republic of China Employment License for Foreigners (hereinafter referred to as the "Employment License" )

Article 6  The post to be filled by the foreigner recruited by the employer shall  be the post of special need, a post that cannot be filled by any domestic candidates for the time being but violates no government regulations.

No employer shall employ foreigners to engage in commercialized entertaining performance, except for the persons qualified under Article 9 (3) of these rules.

Article 7 Any foreigner seeking employment in China shall meet the following conditions:

(1) 18 years of age or older and in good health;

(2) with professional skills and job experience required for the work of intended employment;

(3) with no criminal record;

(4) a clearly-defined employer;

(5) with valid passport or other international travel documents in lieu of  the passport (hereinafter referred to as the "Travel Document")

Article 8  Foreigner seeking employment in China shall hold the Employment Visas  for their entry (In case of agreement for mutual exemption of visas, the  agreement shall prevail.), and may work within Chinese territory only  after they obtain the Employment Permit for Foreigner (hereinafter  referred to as the "Employment Permit") and the foreigner residence  certificate.

Foreigners  who have not been issued residence certificate (i.e. holders of F, L, C  or G type visas), and those who are under study or interim programs in  China and the families of holders of Employment Visas shall not work in  China. In special cases, employment may be allowed when the foreigner  changes his status at the public security organs with the Employment License secured by his employer in accordance with the clearance  procedures, under these rules the foreigner changes his status at the  public security organs with the Employment License and receives his  Employment Permit and residence certificate.

The  employment in China of the spouses of the personnel of foreign  embassies, consulates, representative offices of the United Nations  System and other international organizations in China shall follow the  Provisions of Ministry of Foreign Affairs of the People's Republic of  China Concerning the Employment of the Spouses of the Personnel of  Foreign Embassies, Consulates and the Representative Offices of the  United Nations System in China and be handled in accordance with the  clearance procedures provided for in the second paragraph of this  article.

The Employment License and the Employment Permit shall be designed and prepared exclusively by the Ministry of Labor.

Article 9 Foreigners may be exempted from the Employment License and Employment Permit when they meet any of the following conditions:

(1)  foreign professional technical and managerial personnel employed  directly by the Chinese government or those with senior technical titles  or credentials of special skills recognized by their home or  international technical authorities or professional associations to be  employed by Chinese government organs and institutions and foreigners  holding Foreign Expert Certificate issued by China's Bureau of Foreign  Expert Affairs;

(2)  foreign workers with special skills who work in offshore petroleum  operations without the need to go ashore for employment and hold "Work  Permit for Foreign Personnel Engaged in the Offshore Petroleum  Operations in the People's Republic of China";

(3)  foreigner who conduct commercialized entertaining performance with the  approval of the Ministry of Culture and hold "Permit for Temporary  Commercialized Performance".

Article 10  Foreigners may be exempted from the Employment License and may apply  directly for the Employment Permit by presenting their Employment Visas  and relevant papers after their entry when they meet any of the  following conditions:

(1)  foreigners employed in China under agreements or accords entered into  by the Chinese government with foreign governments or international  organizations for the implementation of Sino-foreign projects of  cooperation and exchange;

(2) chief representatives and representative of the permanent offices of foreign enterprises in China.

Chapter III Application and Approval

Article 11  The employer intending to employ a foreigner shall fill out the  Application Form for the Employment for Foreigners (hereinafter referred  to as the "Application Form") and submit it to its competent trade  authorities at the same level as the labor administrative authorities  together with the following documentation:

(1) the curriculum vitae of the foreigner to be employed;

(2) the letter of intention for employment;

(3) the report of reasons for employment;

(4) the credentials of the foreigner required for the performance of the job;

(5) the health certificate of the foreigner to be employed;

(6) other documents required by regulations.

The  competent trade authorities shall examine and approve the application  in accordance with Articles 6 and 7 of these rules and relevant laws and  decrees.

Article 12  After the approval by the competent trade authorities, the employer  shall take the Application Form to the labor administrative authorities  of the province, autonomous region or municipality directly under the  Central Government or the labor administrative authorities at the  prefecture and city level where the said employer is located for  examination and clearance. The labor administration authorities  described above shall designate a special body (hereinafter referred to  as the "Certificate Office") to take up the responsibility of issuing  the Employment License. The Certificate Office should take into  consideration of the opinions of the competent trade authorities and the  demand and supply of labor market, and issue the Employment License to  the employer after examination and clearance.

Article 13  Employers at the central level or those without the competent trade  authorities may submit their application directly to the Certificate  Office of the labor administrative authorities for the Employment  Permit.

The  examination and approval by the competent trade authorities is not  required for foreign-funded enterprises to employ foreigners, and such  enterprise may submit their applications directly to the Certificate  Office of the labor administrative authorities for the Employment  License, bringing with them the contract, articles of association,  certificate of approval, business license and the documentation referred  to in Article 11 of these rules.

Article 14  Employers with permission to employ foreigners shall not send the  Employment License nor the letter of visa notification directly to the  foreigners to be employed, and they must be sent by the authorized unit.

Article 15  Foreigners with permission to work in China should apply for Employment  Visas at the Chinese embassies, consulates and visa offices, bringing  with them the Employment License issued by the Ministry of Labor, the  letter or telex of visa notification sent by the authorized unit and the  valid passport or Travel Document.

Personnel  referred to in Article 9 (1) of these rules should apply for the  Employment Visas by presenting their letter or telex of visa  notification by authorized unit; personnel referred to in Article 9 (2)  should apply for the Employment Visas by presenting their letter or  telex of visa notification issued by the China National Offshore Oil  Corporation; personnel referred to in Article 9 (3) should apply for the  Employment Visas by presenting their letter or telex of visa  notification issued by the foreign affairs office under the people's  government of provinces, autonomous regions or municipalities directly  under the Central Government and the relevant documents of approval of  the Ministry of Culture (addressed to the Chinese embassies, consulates  or visa offices).

Personnel  referred to in Article 10 (1) of these rules should apply for the  Employment Visas by presenting their letter or telex of visa  notification by authorized unit and the documentation on projects of  cooperation and exchange; personnel refereed to in Article 10 (2) should  apply for the Employment Visas by presenting their letter or telex of  visa notification by the authorized unit and the registration  certification issued by the administrative authorities of industry and  commerce.

Article 16 The  employer should, within fifteen days after the entry of the employed  foreigner, take to the original Certificate Office the Employment  License, the labor contract with the said foreigner and his passport or  Travel Document to receive his Employment Permit while filling out the  Foreigner Employment Registration Form.

The Employment Permit shall be effective only within the area specified by the Certificate Office.

Article 17  Foreigners who received their Employment Permit should, within thirty  days after their entry, apply for the residence certificate with the  public security organs bringing with them their Employment Permit. The  term of validity of the residence certificate may be determined in  accordance with the term of validity of the Employment Permit.

Chapter IV Labor Administration

Article 18  The employer and its foreign employee should, in accordance with law,  conclude a labor contract, the term of which shall not exceed five  years. Such contract may be renewed upon expiration after the completion  of clearance process in accordance with Article 19 of these rules.

Article 19  The Employment Permit of the employed foreigner shall cease to be  effective upon the expiration of the term of the labor contract between  the foreigner and his employer. If renewal is required, the employer  should, within thirty days prior to the expiration of the contract,  submit an application to the labor administrative authorities for the  extension of term of employment, and after approval is obtained, proceed  to go through formalities for the extension of the Employment Permit.

Article 20  The foreign employee should, within ten days after obtaining the  approval for extension of his term of employment in China or the change  of his employment location or his employer, go through formalities for  the extension or change of his residence certificate at the local public  security organs.

Article 21  After the termination of the labor contract between the foreign  employee and his employer, the employer should promptly report it to the  labor and public security authorities, return the Employment Permit and  the residence certificate of the said foreigner, and go through  formalities for his exit from China.

Article 22 The wage paid to the foreign employee by the employer shall not be lower than the minimum wage in the locality.

Article 23  The working hours, rest and vacation, work safety and hygiene as well  as the social security of the foreign employees in China shall follow  the relevant provisions of the state.

Article 24 The employer of the foreign employee in China shall be the same as specified in his Employment License.

When  the foreigner switches employers within the area designated by the  Certificate Office but stays in a job of the same nature, the change  must be approved by the original Certificate Office and recorded in his  Employment Permit.

If  the foreigner is to be employed outside the area designated by the  Certificate Office or switches employer within original designated area  while taking up jobs of a different nature, he must go through  formalities for a new Employment License.

Article 25  For the foreigner whose residence status is revoked by public security  organs due to his violation of Chinese law, his labor contract should be  terminated by his employer and his Employment Permit be withdrawn by  the labor administrative authorities.

Article 26 Should  the labor disputes arise between the employer and its foreign employee,  they should be handled in accordance with the Labor Law of the People's  Republic of China and the Regulations of the People's Republic of China  on Settlement of Labor Disputes in Enterprises.

Article 27  The labor administrative authorities shall conduct an annual inspection  of the Employment Permit. Within thirty days prior to the end of every  year of employment of the foreigner, the employer should go through  formalities of the annual inspection at the Certificate Office of the  labor administrative authorities. The Employment Permit shall  automatically cease to be effective when the deadline passes.

In  case of loss or damage of the Employment Permit during the term of his  employment in China, the foreigner should promptly report it to the  original Certificate Office and go through formalities for the issuance  of the Employment Permit.

Chapter V Penalty Provisions

Article 28  Violation of theses rules, i.e. foreigners who work without the  Employment Permit or employers which hire foreigners without the  Employment License, shall be handled by the public security organs in  accordance with Article 44 of the Rules Governing the Implementation of  the Law of the People's Republic of China on the Entry and Exit of  Aliens.

Article 29  For foreigners who refuse to have their Employment Permit inspected by  the labor administrative authorities, change their employers and  professions at will or extend their term of employment without  permission, the labor administrative authorities shall withdraw their  Employment Permit and recommend that their residence status be canceled  by the public security organs. In case of deportation, the costs and  expenses shall be borne by the said foreigners or their employers.

Article 30  For foreigners and employers who forge, alter, falsely use, transfer,  buy and sell the Employment Permit and the Employment License, the labor  administrative authorities shall take over the Employment Permit and  the Employment License in question, confiscate the illegal proceeds and  impose a fine between ten thousand and one hundred thousand yuan. In  serious cases which constitute a crime, their criminal responsibility of  the perpetrators shall be looked into by the judicial authorities.

Article 31  In case of abuse of power, illegal collection of fees, and fraudulent  practices on the part of official personnel of the Certificate Office or  other departments, they shall be investigated in accordance with the  law for their criminal responsibility if crimes are committed, or they  shall be subject to administrative disciplinary measures if the cases do  not constitute a crime.

Chapter VI Supplementary Provisions

Article 32  The employment in the mainland of the residents of Taiwan, Hong Kong  and Macao of China shall follow the Rules for the Administration of the Employment in the Mainland of the Residents of Taiwan, Hong Kong and  Macao.

Article 33 These rules do not apply to the employment of foreigners in China's Taiwan, Hong Kong and Macao.

Article 34 Individual economic organizations and private citizens are prohibited from employing foreigners.

Article 35  The labor administrative authorities of the provinces, autonomous  regions and municipalities directly under the Central Government may  formulate their own rules for implementation of these rules in conjunction with the public security and relevant authorities in the  locality, and report it to the Ministry of Labor, Ministry of Public  Security, Ministry of Foreign Affairs and the Ministry of Foreign Trade  and Economic Cooperation for putting on record.

Article 36 The Ministry of Labor shall be responsible for the interpretation of these rules.

Article 37 These rules shall enter into force as of 1 May 1996. The Provisions  Concerning the Employment in China of the Foreigners Who Have Not Yet  Obtained Residence Certificate and Foreigners Who Study in China jointly  promulgated by the former Ministry of Labor and Personnel and the  Ministry of Public Security on 5 October 1987 shall be annulled  simultaneously.

Notice: This English version is only for reference. To learn more, please refer to the authoritative Chinese version.




(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.)