(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 22 January, 1996)
Contents
Chapter I General Provisions
Chapter II Employment License
Chapter III Application and Approval
Chapter IV Labour 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 it 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 foreigners 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 organization 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 Labour.
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 when intending to
employ a foreigner, stall 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 priors 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 switch 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 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
handle in accordance with the Labour Law of the People's Republic
of China and the Regulations of the People's Republic of China on
Settlement of Labour 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 foreigner 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 Foreigner 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 RMB
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 region 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
region.
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 Labour, 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 Labors 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 Labour and Personnel and the Ministry of Public
Security on 5 October 1987 shall be annulled simultaneously.
Notice: In case of discrepancy, the original version in
Chinese shall prevail.
(Source: gov.cn)
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