China - Apply for Foreign Employment License

ProcedureEdit

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")

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 the Rules.

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.

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.

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.

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.

Required DocumentsEdit

The curriculum vitae of the foreigner to be employed
The letter of intention for employment
The report of reasons for employment
The credentials of the foreigner required for the performance of the job
The health certificate of the foreigner to be employed
Other documents required by regulations

Office Locations & ContactsEdit

People's Republic of China Ministry of Human Resources and Social Security
Mailing Address: Dongcheng District in East peace on the 3rd number (Eastern Hospital) in Dongcheng District Peace Street 12 (West House)
Zip: 100013 (Eastern Hospital) 100 716 (West House)
The main traffic routes: Take Metro Line 5, Exit C peace in the North that is to walk or ride in Andingmen 125 bus to peace in the street to get off (West House); By bus: 116,62,117 , 674,13,406,684 peace in the intersection that is to get off and walk south (Eastern Hospital).
Branches

People's Republic of China Ministry of Public Security
Address: No. 14 East Chang An Avenue,
Beijing Zip: 100741
http://www.mps.gov.cn/
Contacts for Municipal Public Security Bureaus of China

Chinese Missions Overseas

EligibilityEdit

The employment of foreigners in China must meet the following conditions:

18 years of age, in good health;
have engaged in their work the necessary expertise and relevant work experience;
no criminal record;
determine the employing organization;
a valid passport or passport can be replaced by other international travel documents (hereinafter referred to replace the passport).

FeesEdit

Explain the fees structure which is required for obtaining the certificate/document.

ValidityEdit

Employment permit held by the foreigner shall be invalidated automatically under the following situations:

When the contract signed between the employing unite and the employed foreigners expires;
When the employment permit fails to get an annual inspection.

Documents to UseEdit

Application Form for Foreigners Employment in China

Form for Employment Registration of Foreign Workers in China

Sample DocumentsEdit

Sample Foreign Employment License

Processing TimeEdit

Please explain processing time taken in obtaining the document/certificate.

InstructionsEdit

According to the Regulations on the Administration of Employment of Foreigners in China, the employment license-free qualifications are:

foreigners employed by Chinese-foreign exchange programs in China in accordance with the agreements between Chinese and foreign governments, and international organizations; or
chief representatives or representatives working in resident representative offices of foreign enterprises in China.

Foreigners conforming to one of the qualifications can directly apply for an employment permit with an employment visa and relevant certificates after entering in China.

Required InformationEdit

Full name of employer
Business address
Name in Chinese
Nationality
Date and place of birth
Type of passport
Passport No
Position
Education
Marital Status
Whether you have worked in China before
The previous profession before coming to China
Name of the Employer
Contact
Applied by

Need for the DocumentEdit

Government licensing system for foreigners employed in China. That the employer to hire a foreigner, foreigners must apply for employment authorization, after approval before hiring. Foreigners in China to apply for employment permit system is divided into "People's Republic of China Alien Employment License" bid for a work visa and apply for the "People's Republic of China Alien Employment Permit" foreigner residence certificate three areas. China agreed by the employment permit the employment of foreigners, should have an occupational visa (with visa-free agreement, according to protocol processing), and obtained the "Alien Employment Permit" and foreigner residence certificate of entry before employment in China.

Information which might helpEdit

Foreigners having no need to apply for an employment license and employment permit;

foreign professional technical and management personnel invited directly by Chinese government or foreign professional technical and management personnel invited by the state organs and institutions, with senior technical titles or special skills qualification certificates confirmed by the domestic or international authoritative technical management departments or trade associations, holding the foreign experts certificate issued by the administration of foreign experts affairs of foreigners;
foreign labor service personnel with special skills, engaged in offshore oil operations with no need to land, and holding the work pass of foreigners in the Peoples Republic of China engaged in offshore oil operations;
foreigners who give commercial artistic performances approved by the Ministry of Culture with a temporary business performance license.

External LinksEdit

Work in China

State Administration of Foreign Experts Affairs

People's Republic of China Ministry of Human Resources and Social Security

Rules for the Administration of Employment of Foreigners in China

OthersEdit

SAFEA is responsible for certifying foreign experts to work in the Chinese mainland and organizing overseas training for Chinese technical and managerial professionals.