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 foreigner 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 document 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 Foreigner 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 is passed.

　　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.