Detailed Explanation of Employment Policies for Foreign Personnel in China
This regulation was issued by the former Ministry of Labor and came into effect on May 1, 1996, aiming to strengthen the standardized management of foreign employment in China. It applies to foreigners employed within Chinese territory as well as employers hiring foreign nationals, clearly defining management requirements for the entire process, including employment permits, application approvals, and labor administration.
Employment Permit System: Employers hiring foreign nationals must apply for an employment permit and obtain the “People’s Republic of China Foreigner Employment Permit Certificate” before proceeding with the hiring.
Exemptions from Permit Requirements: Senior technical personnel hired directly at government expense, individuals holding a “Foreign Expert Certificate,” foreign workers engaged in offshore petroleum operations, and performers approved by the Ministry of Culture for commercial artistic performances are exempt from obtaining an employment permit.
Visa and Documentation Requirements: Foreign nationals must enter China with a Z-type visa and, upon arrival, obtain both a “Foreigner Employment Permit” and a residence permit for foreigners.
Labor Contract Management: The maximum term of a labor contract is five years; if renewal is required upon expiration, an extension of the employment permit must be applied for at least 30 days in advance.
Applicable Subjects: Individuals employed who do not hold Chinese nationality, as well as employers hiring foreign nationals, excluding staff of embassies and consulates and representatives of United Nations offices in China.
Basic Employment Conditions: Applicants must be at least 18 years old, in good health, possess professional skills and relevant work experience, have no criminal record, have a confirmed employer, and hold a valid passport or equivalent travel document.
Persons Exempt from Permit Requirements: Foreign professionals meeting the criteria outlined in Article 9, offshore petroleum operation workers, temporary performing artists; as well as personnel under government agreements and chief representatives or representatives of foreign-invested enterprises as specified in Article 10.
Permit Application Process: Employers submit applications to the competent industry authorities → Industry authorities review and approve → The issuing authority under the labor administrative department issues the employment permit certificate → Foreign nationals then use this certificate to apply for a Z-type visa.
Document Processing Deadlines: An employment permit must be obtained within 15 days of entry, and a residence permit should be applied for within 30 days.
Annual Inspection System: Employment permits are subject to annual inspection; after one year of employment, permit holders must complete the annual inspection procedure at least 30 days before expiration; otherwise, the permit becomes invalid.
Wage Standards: Wages paid shall not fall below the local minimum wage standard.
Prohibited Employment Situations: Foreign nationals holding F, L, C, or G visas, as well as students and interns, are prohibited from working in China.
Positions Where Hiring Is Not Allowed: Employers may not hire foreign nationals to engage in commercial artistic performances (except as provided in Item 3 of Article 9).
Consistency of Documentation: The employing entity indicated on a foreign national’s employment permit must match the actual employer.
Change Procedures: Any change of employer or occupation requires reapplication for an employment permit; changes in the employment region require approval from the original issuing authority.
Penalties for Violations: Unauthorized employment or hiring is subject to substantial fines; forging, altering, or transferring employment permits constitutes a criminal offense and will result in criminal liability.
Policy Consultation: For specific matters such as applying for employment permits or processing employment certificates, please visit the official website of the Ministry of Human Resources and Social Security (www.mohrss.gov.cn).