外国人在中国就业管理规定+英文+2017.doc

外国人在中国就业管理规定

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+2017

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外国人在中国就业管理规定英文版

chapter l 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

peoples 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 the 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

labour

administrative

authorities

of

the

peoples

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 peoples 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 foreigners 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

foreigners

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

wok

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-types visas)

，

and those who are under study or

interim programs in china and the families of holders of employment

visas shall not work 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

organizations

in

china

shall

follow

the

provisions

of

ministry

of

foreign

affairs

of

the

peoples

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 chinas bureau of foreign expert affairs;

(2)foreign

workers

with

special

skills

who

wok

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 peoples republic of china;

(3)foreigners

who

conduct

commercialized

entertaining

performance

with

the

approval

of

the

ministry

of

culture

and

hold