Regulations on the Employment Management of Foreigners in China

(Promulgated on January 22, 1996 by the Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Foreign Trade and Economic Cooperation under Document No. 29 [1996] of the Ministry of Labor; amended according to Order No. 7 of the Ministry of Human Resources and Social Security of the People’s Republic of China dated November 12, 2010, and Order No. 32 dated March 13, 2017)

Article 1In order to strengthen the management of foreign employment in China and in accordance with relevant laws and regulations, these Provisions are hereby formulated.

Article 2For the purposes of these Provisions, “foreigners” shall mean persons who do not possess Chinese nationality as defined by the Nationality Law of the People’s Republic of China. “Foreign employment in China” refers to activities whereby foreigners without permanent residency status engage in lawful social labor within the territory of China and receive remuneration for such work.

Article 3These Provisions apply to foreigners employed in China and to employers hiring foreign nationals. They do not apply to personnel enjoying diplomatic privileges and immunities in embassies, consulates, United Nations representative offices, or other international organizations stationed in China.

Article 4The labor administrative departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government, together with their authorized municipal-level labor administrative departments, are responsible for the administration of foreign employment in China.

Article 5An employer hiring a foreigner must apply for an employment permit on behalf of that foreigner. Hiring may proceed only after the permit has been approved and the “People’s Republic of China Foreign Employment Permit Certificate” (hereinafter referred to as the “permit certificate”) has been obtained.

Article 6Positions for which employers hire foreigners shall be those involving special needs, where suitable domestic candidates are temporarily unavailable, and which do not contravene relevant state regulations. Employers may not hire foreigners for commercial artistic performances, except for individuals meeting the requirements stipulated in Paragraph 3 of Article 9 of these Provisions.

Article 7Foreigners seeking employment in China must meet the following conditions:

(1) Be at least 18 years old and in good health;

(2) Possess the professional skills necessary for the intended job and have corresponding work experience;

(3) Have no criminal record;

(4) Have a confirmed employing unit;

(5) Hold a valid passport or other international travel document serving in lieu of a passport (hereinafter referred to as “documents in lieu of a passport”).

Article 8Foreigners employed in China must enter the country with a Z visa (in cases where visa exemption agreements exist, procedures shall follow such agreements). Upon entry, they must obtain a “Foreign Employment Permit” (hereinafter referred to as the “employment permit”) and residence permits before commencing employment within China.

Foreigners without residence permits (i.e., those holding F, L, C, or G visas), foreign students studying or interning in China, and accompanying family members of foreign nationals holding business visas are prohibited from engaging in employment in China. In exceptional circumstances, employers shall follow the approval procedures prescribed by these Provisions to obtain a permit certificate. Hired foreign nationals may then visit public security authorities with the permit certificate to change their status and complete procedures for obtaining employment and residence permits prior to commencing work.

Spouses of foreign diplomatic and consular staff, United Nations system personnel, and representatives of other international organizations stationed in China who seek employment in China shall comply with the “Regulations of the Ministry of Foreign Affairs of the People’s Republic of China Concerning the Employment of Spouses of Foreign Diplomatic and Consular Personnel and Representatives of United Nations System Organizations Stationed in China,” and shall undertake relevant procedures in accordance with the approval process specified in Paragraph 2 of this article.

Permit certificates and employment permits shall be uniformly issued by the Ministry of Labor.

Article 9Foreigners meeting any of the following conditions shall be exempt from obtaining employment permits and employment certificates:

(1) Foreign technical and managerial professionals directly sponsored by the Chinese government, or hired by state organs and public institutions, who hold senior technical titles or specialized skill qualification certificates recognized by domestic or international authoritative technical management bodies or industry associations, and who also possess a “Foreign Expert Certificate” issued by the Foreign Experts Bureau;

(2) Foreign workers engaged in offshore petroleum operations, holding a “Certificate of Authorization for Offshore Petroleum Operations in the People’s Republic of China,” who perform specialized tasks requiring no onshore presence;

(3) Foreigners conducting commercial artistic performances with a “Temporary Commercial Performance Permit” approved by the Ministry of Culture.

Article 10Foreigners meeting any of the following conditions shall be exempt from obtaining permit certificates and may, upon entry with a Z visa and relevant supporting documents, directly apply for employment permits:

(1) Foreigners hired to work in China under bilateral cooperation and exchange programs agreed upon between the Chinese government and foreign governments or international organizations;

(2) Chief representatives or representatives of foreign enterprises’ permanent representative offices in China.

Article 11When an employer hires a foreigner, it must complete the “Application Form for Employing Foreign Nationals” (hereinafter referred to as the “application form”), submit the application to the industry supervisory authority at the same level as the labor administrative department (hereinafter referred to as the “industry supervisory authority”), and provide the following valid documents:

(1) Curriculum vitae of the prospective employee;

(2) Letter of intent for employment;

(3) Report explaining the reasons for hiring the foreign national;

(4) Proof of qualifications of the prospective employee for the intended position;

(5) Health certificate of the prospective employee;

(6) Other documents required by laws and regulations.

The industry supervisory authority shall conduct its review in accordance with Articles 6 and 7 of these Provisions, as well as relevant laws and regulations.

Article 12After approval by the industry supervisory authority, the employer shall take the application form to the provincial, autonomous regional, or municipal labor administrative department in the area where the employer is located, or to its authorized municipal-level labor administrative department, to complete the approval procedures. The provincial, autonomous regional, or municipal labor administrative department, or its authorized municipal-level counterpart, shall designate a specialized agency (hereinafter referred to as the “issuing authority”) specifically responsible for issuing permit certificates. The issuing authority shall make its determination based on the opinions of the industry supervisory authority and the current demands of the labor market, and shall issue the permit certificate to the employer upon approval.

Article 13Central-level employers and employers without a designated industry supervisory authority may directly submit applications and obtain employment permits at the issuing authority of the labor administrative department.

Foreign-invested enterprises hiring foreign nationals are exempt from industry supervisory authority review and may, with contracts, articles of association, approval certificates, business licenses, and documents stipulated in Article 11 of these Provisions, directly apply to the labor administrative department’s issuing authority for permit certificates.

Article 14Foreigners approved to work in China shall, with their permit certificates and either their own valid passports or documents in lieu of passports, apply for Z visas at Chinese embassies, consulates, or overseas liaison offices.

Individuals meeting the criteria set forth in Item 2 of Article 9 shall apply for Z visas using notification letters issued by the China National Offshore Oil Corporation; those meeting the criteria of Item 3 of Article 9 shall apply for Z visas based on approvals issued by the Ministry of Culture.

Individuals falling under Paragraph 1 of Article 10 shall apply for Z visas using documentation related to cooperative exchange projects; those covered by Paragraph 2 of Article 10 shall apply for Z visas using registration certificates issued by the industrial and commercial administrative authorities.

Article 15Within 15 days of the hired foreigner’s arrival in China, the employer shall, presenting the permit certificate, the employment contract signed with the foreign national, and the foreigner’s valid passport or documents in lieu of a passport, visit the original issuing authority to obtain an employment permit for the foreigner and complete the “Foreign Employment Registration Form.”

The employment permit is valid only within the region designated by the issuing authority.

Article 16Foreigners who have obtained employment permits shall, within 30 days of entry, present their employment permits to the public security authorities to apply for residence permits. The validity period of the residence permits may be determined according to the expiration date of the employment permits.

Article 17Employers and hired foreign nationals shall conclude employment contracts in accordance with the law. The maximum term of an employment contract shall not exceed five years. Upon expiration of the contract term, the contract shall automatically terminate, but may be renewed following the approval procedures stipulated in Article 18 of these Provisions.

Article 18When the employment contract between a hired foreigner and an employer expires, the foreigner’s employment permit shall immediately become invalid. If renewal is desired, the employer shall, at least 30 days prior to the original contract’s expiration, submit an application to the labor administrative department to extend the employment period and complete the procedures for renewing the employment permit.

Article 19Following approval to extend their employment period in China or to change their employment region or employer, foreigners shall, within 10 days, visit the local public security authorities to complete procedures for extending or amending their residence permits.

Article 20Upon termination of the employment contract between a hired foreigner and an employer, the employer shall promptly report to the labor and public security authorities, return the foreigner’s employment and residence permits, and complete exit procedures at the public security authorities.

Article 21The wages paid by employers to hired foreign nationals shall not be lower than the local minimum wage standard.

Article 22Working hours, rest periods, leave entitlements, occupational safety and hygiene, and social insurance for foreigners employed in China shall be governed by relevant state regulations.

Article 23The employing unit indicated on a foreigner’s employment permit must correspond exactly to the actual workplace.

Foreigners who change employers within the region designated by the issuing authority while continuing to perform the same occupation must obtain approval from the original issuing authority and complete procedures for amending their employment permits.

Foreigners who leave the region designated by the issuing authority or change employers within the originally designated area while taking up different occupations must reapply for employment permits.

Article 24For foreigners whose residence permits have been revoked by Chinese public security authorities due to violations of Chinese law, the employer shall terminate the employment contract, and the labor department shall cancel the employment permit.

Article 25In the event of labor disputes between employers and hired foreign nationals, such disputes shall be handled in accordance with the “Labor Law of the People’s Republic of China” and the “Law of the People’s Republic of China on Mediation and Arbitration of Labor Disputes.”

Article 26The labor administrative department shall implement annual inspections of employment permits. For every year of employment, employers shall, at least 30 days prior to the expiration of the permit, bring the hired foreigner to the labor administrative department’s issuing authority to undergo the annual inspection procedure. Failure to comply will result in automatic invalidation of the employment permit.

Should a foreigner lose or damage their employment permit during employment in China, they shall promptly visit the original issuing authority to file a loss report, request a replacement, or apply for a new permit.

Article 27Foreigners who violate these Provisions by working without obtaining employment permits, as well as employers who hire foreigners without securing the requisite permit certificates, shall be dealt with by public security authorities in accordance with Article 44 of the “Detailed Rules for the Implementation of the Regulations on the Entry and Exit Administration of Foreigners of the People’s Republic of China.”

Article 28For foreigners who refuse labor administrative department inspections of their employment permits, or who unilaterally change employers, switch occupations, or extend their employment periods without authorization, the labor administrative department shall revoke their employment permits and recommend to public security authorities that their residence permits also be canceled. Any deportation costs incurred for those subject to expulsion shall be borne by the employing unit or the individual concerned.

Article 29For foreigners and employers who forge, alter, misuse, transfer, or trade employment permits and permit certificates, the labor administrative department shall confiscate the offending permits and certificates, seize any illegal proceeds, and impose fines ranging from RMB 10,000 to RMB 100,000. In cases constituting serious crimes, the matter shall be referred to judicial authorities for criminal prosecution.

Article 30Should issuing authority or relevant departmental staff abuse their power, levy unauthorized fees, or engage in favoritism and corruption, criminal liability shall be pursued; if no crime is established, administrative disciplinary measures shall be imposed.

Article 31Residents of China’s Taiwan, Hong Kong, and Macao regions employed on the mainland shall be governed by the “Regulations on the Employment Management of Residents of Taiwan, Hong Kong, and Macao on the Mainland.”

Article 32These Provisions do not apply to the employment of foreigners in China’s Taiwan, Hong Kong, and Macao regions.

Article 33Individual economic entities and private citizens are prohibited from hiring foreigners.

Article 34Provincial, autonomous regional, and municipal labor administrative departments may, in conjunction with public security and other relevant authorities, formulate regional implementing rules based on these Provisions and submit them for filing with the Ministry of Labor, Ministry of Public Security, Ministry of Foreign Affairs, and Ministry of Foreign Trade and Economic Cooperation.

Article 35These Provisions shall be interpreted by the Ministry of Labor.

Article 36These Provisions shall come into effect as of May 1, 1996. At the same time, the “Several Provisions Regarding the Employment of Foreigners Without Residence Permits and Foreign Students Studying in China,” issued by the former Ministry of Labor and Personnel and the Ministry of Public Security on October 5, 1987, shall be simultaneously repealed.