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)

发布日期：2009-1-1

(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 "foreigners"in these Rules refers to the persons，who under the Nationality Law ont1e People"s 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 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，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 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 "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 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 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"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 China．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"Work 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 "permit for Temporary

Commercialized Performance".

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

Form for the Employment of Foreigners（hereinafter referred to as the"Application

Form"）and 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 clearance．The labour 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 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 10（1）of these Rules should apply for the

Employment Visas by presenting their letter or telex of visa notification by authorized unit

and the documentation on projects of cooperation and exchange；personnel referred to in

Article 10（2）should apply for the Employment Visas by presenting their letter or telex

of visa notification by the authorized unit and the registration certification issued by

the administrative authorities of industry and commerce

Article 16 The employer should，within fifteen days after the entry of the employed foreigner

take to the original Certificate Office the Employment License the labour contract with the

said foreigner and his passport or Travel Document to receive his Employment Permit while

filling out the Foreigner Employment Registration Form. The Employment Permit shall be

effective only within the area specified by the Certificate Office．

Article 17 Foreigners who received their Employment Permit should，within thirty days after

their entry，apply for the residence certificate with the public security organs bringing

with them their Employment Permit. The term of validity of the residence certificate may

be determined in accordance with the term of validity of the Employment Permit．

Chapter IV Labour Adn1inistration

Article 18 The employer and its foreign employee should，in accordance with law，conclude

a labour contract，the term of which shall not exceed five years Such contract may be renewed

upon expiration after the completion of clearance process in accordance with.

Article 19 of these Rules． Article 19 The Employment Permit of the employed foreigner shall

cease to be effective upon the expiration of the term of the labour contract between the

foreigner and his employer．If renewal is required，the employer should，within thirty days

prior to the expiration of the contract，submit an application to the labour administrative

authorities for the extension of term of employment，and after approval is obtained，proceed

to go through formalities for the extension of the Employment Permit.

Article 20 The foreign employee should，within ten days after obtaining the approval for

extension of his term of employment in china or t he change of his employment location or

his employer, go through formalities for the extension or change d his residence certificate

at the local public security organs.

Article 21 After the termination of the labour contract between the foreign employee and

his employer，the employer should promptly report it to the labour and public security

authorities，return the Employment Permit and the residence certificate of the said

foreigner，and go through formalities for his exit from China

Article 22 The wage paid to the foreign employee by the employer shall not be lower than

the minimum wage in the locality.

Article 23 The working hours，rest and vacation，work safety and hygiene as well as the social

security of the foreign employees in China shall follow the relevant provisions of the state.

Article 24 The employer of the foreign employee in China shall be the same as specified in

hlis Employment License． When the foreigner switches employers within the area designated

by the Certificate Office but stays in a job of the same nature，the change must be approved

by the original Certificate Office and recorded in his Employment Permit. If the foreigner

is to be employed outside the area designated by the Certificate Office or switch employer

within original designated area while taking up jobs of a different nature，he must go through

formalities for a new Employment License

Article 25 For foreigner whose res1dence status is revoked by public security organs due

to his violation of Chinese law, his labour Contract should be terminated by his employer

and his Employment Permit be with drawn by the labour administrative authorities

Article 26 Should the labour disputes arise between the employer and its foreign employee，

they should be handled in accordance With the Labour Law of the People"s Republic of China

and the Regulations of the people"s Republic of China on Settlement of Labour Disputes in

Enterprises

Article 27 The labour administrative authorities shall conduct an annual inspection of the

Employment Pemrit Within thirty days prior the end of every year of employment of the

foreigner．the employer should go through formalities of the annual inspection at the

Certificate Office of the labour administrative authorities The Employment Permit shall

automatically cease to be effective when the deadline is passed. In case of loss or damage

of the Emp1oyment Permit during the term of his employment in China the foreigner should

promptly report it to the original Certificate Office and go through formalities for the

issuance of the Employment Permit.

Chapter V Penalty Provisions

Article 28 Violatlon of these Rules，i. e. Foreigners who work without the Employment Permit

or employers which hire foreigners without the Employment License, shall be handled by the

public security organs in accordance with Article 44 of the Rules Governing the

lemplementation of the Law of the people"s Republic of China on the Entry and Exit of Aliens.

Article 29 For foreigners who refuse to have their Employment Permit inspected by the labour

administrative authorities，change their employers and professions at will or extend their

term of employment without permission1 the labour administrative authorities shall with draw

their Employment permit and recommend that their residence status be canceled by the public

security organs in case of deportation, the costs and expenses shall be borne by the said

foreigner their employers.

Article 30 For foreigners and employers who Forge, after, falsely use, transfer, buy and

sell the Employment Permit and the Employment License, The labour administrative authorities

shall take over the Employment Permit and the Employment License in question, confiscate

the illegal proceeds and impose a fine between the thousand and one hundred thousand RMB

Yuan. In serious cases whi-ch constitute a crime, their criminal responsibility of the

perpetrators shall be looked into bythe judicial authorities.

Article 31 in case of abuse of power, illegal collection of fees, and fraudulent practices

on the part of official personnel of the Certificate Office or other department, they shall

be investigated in accordancewith the law for their criminal responsibility if crimes are

committed, or they shall be subject to administrative disciplinary measures if the cases

do not constitute a crime.

Chapter VI Supplementary Provisions

Article 32 The employment in the mainland of the residents of Tai Wan, Hong Kong and Macao

region of China shall follow the Rules for the Administration of he Employment in the Mainland

of Residents of Tai Wan, Hong Kong and Macao.

Article 33 These Rules do not apply to the employment of foreigners in China"s Tai Wan Hong

Kong and Macao region.

Article 34 Individual economic organizations and private citizens are prohibited from

employing foreigners.

Article 35 The labour administrative authorof the provinces，autonomous regions and

municipalities directly under the Central Govemmer1t may formulate their own rules for

implementation of these Rules in conjunction with the public security and relevant

authorities in the locality，and report it to the Ministry of Labour，Ministry of Public

Security， Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic

Cooperation for putting on record.

Article 36 The Ministry of Labour shall be responsible for the interpretation of these Rules．

Article37 These Rules shall enter into force as of 1 May 1996．The Provisions Concerning

the Employment in China of the Foreigners Who Have Not Yet Obtained Residence Certificate

and Foreigners Who Study in China jointly promulgated by the former Ministry of Labour and

Personnel and the Ministry of public Security on 50 October 1987 shall be annulled

simultaneously.