外国人在中国就业管理规定英文版

外国人在中国就业管理规定

(

英文版

RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA

(Promulgated

jointly

by

the

Ministry

of

Labour,

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)

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 admiministration of employment of foreigners

in China

Article

2

The

term

these

Rules

refers

to

the

persons

，

who

under

the

Nationality

Law

ont1e

People's

Republic

of

China,

do

not

have

Chinese

nationality.

The

term

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

t

。

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

people's

govemmer1t

of

the

provinces

，

autonom ous 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 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

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

other

international

travel

document

in

lieu

of

the

1

passport(hereinafter referred to as the

Article 8 Foreigners seeking employment in China shall hold the Employment Visas for thew

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

Permit

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 procedures1under 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 ernbassies, 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 wok in offshore petroleum operations

without

the

need

to

go

ashore

for

employment

and

hold

Permit

for

Foreign

Personnel

Engaged in the Offshore petroleum Operations in the people's Republic of China

；

(3)foreigners

who

conduct

commercialized

entertaining

performance

with

the

approval

of

the

Ministry

of

Culture and hold

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 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

representatives

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

2

Form

for

the

Employment

of

Foreigners(hereinafter

referred

to

as

the

Form

submit

it

to

its

competent

trade

authorities

at

the

same

level

as

the

labour

administrative

authorities together with the following documentations

：

(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 Arides 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 labour administrative authorities of the province

，

autonomous region or

municipality

directly

under the

Central Government

or the

labour

administrative

authorities

at

the

prefecture

and

city

level

where

the

said

employer

is

located

for

examiexamination

and

labour

administration

authorities

described

above

shall

designate

a

special

body(hereinafter referred to as the

Employment Certificate Office should take into consideration of the opinions of the

competent

trade

authorities

and

the

demand

and

supply

of

labour

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

labour

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

enterprises

may

submit

their

applications

directly

to

the

Certificate

Office

of

the

labour

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 11of these Rules.

Article 14 Employers with permission to employ foreigners shall not send the Employment

License nor the letter of visa notification directly to he foreigners to be employed1and 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 Labour

，

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

Article9(3)should

apply

for

the

Employment

Visas

by

presenting their letter of telex of visa notification issued by the foreign affairs, office under the

people's

government

of

privinces,

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

3