Procedures on Employment of Foreigners in China

In accordance with the relevant regulations of the Rules for the Administration of Employment of Foreigners in China, the employer shall obey the regulations of the System of Employment Permit. The Employment License and the Employment Permit shall be designed and prepared exclusively by the Ministry of Labour and Social Security.

I. The employer and the employee shall sign the labour contract or the letter of intention for employment.

II. The employer when intending to employ a foreigner shall submit documentation to its competent trade authorities at the same level as the labour administrative authorities to apply for the Employment License together with the following documentation:

• The curriculum vitae of foreigner to be employed;
• The signed labour contract or 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 Application Form for the Employment for Foreigners in duplicate;
• The original and photocopy of medical report of the foreigner to be employed;
• Photocopy of Business Licence of the employer;
• Photocopy of valid passport of the employee.

The competent trade authorities shall examine and approve the application in accordance with relevant laws and decrees.

• The post to be filled by the foreigner 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 person qualified with the approval of the Ministry of Culture and holds Permit for Temporary Commercialized Performance;
• The employee shall be 18 years of age or elder and in good health;
• The employee has professional skills and job experience required for the work of intended employment;
• The employee has no criminal record;
• The employee has a clearly-defined employer;
• The employee has valid passport or other international travel document in lieu of the passport.

Four working days are normally required from the date of documentation submission.

III. The employer who holds the Employment License shall submit documentation to its office of foreign affairs under the people’s government of its locality to apply for the Letter of Visa Notification together with the following documentation:

• Cover letter of applying for the notification;
• Original of the Employment License;
• Photocopy of valid passport of the employee;
• Original of medical report of the employee.

Five working days are normally required from the date of documentation submission.

IV. The employee with permission to work in China shall apply for the Employment Visa (Z) at the Chinese Embassy with following documentation:

• Valid and actual passport. The passport must have at least six months validity left before expiration and at least one blank page left in it.
• One completed Visa Application Form with one additional passport photo (black-&-white or coloured is acceptable).
• Letter of Visa Notification issued by Chinese Foreign Affairs Office, and Employment License issued the Ministry of Labour & Social Security.
• A Physical Examination Certificate for Foreign Citizen (Visa Application Form Q2).

The visa fee is 8000ft for Hungarian citizen. The regular processing time is 4 working days. For express service, additional fees of 7000ft for 1 working day processing and 4500ft for 2-3 working days processing will be charged.
Visa (Z) is valid for one entry, three months.

V. After the employee’s entry into China, the employer and the employee shall submit application at the local Labour & Social Security Bureau to apply for the Employment Permit within 15 days together with the following documentation:

• Photocopy of Business License of the employer;
• Photocopy of valid passport of the employee (pages of data and visa Z);
• Application Form for the Employment Permit in duplicate;
• Foreign Employment Registration Form in triplicate;
• 3 coloured photographs of the employee;
• Original of Labour Contract;
• Original of Medical Report of the employee;
• Original of Employment License.

Three working days are normally required from the date of documentation submission. The administration fee varies among different city-level labour bureaus and is usually RMBY10 per person/month.

The term of the Employment Permit depends on the duration of the current labour contract and is usually one or two years.

VI. The employee who received his/her Employment Permit shall, within 30 days after his/her entry into China, apply for the residence certificate with the public security organs bringing with the Original of Employment Permit. The term of validity of the residence certificate may be determined in accordance with the term of validity of the Employment Permit.

VII. The term of the validity of Employment Permit for foreigners issued by various mainland cities depends on the duration of the current labour contract and is usually one or two years. It is advisable to apply for extension of the Employment Permit within one month before its expiration as overdue applications are not only more costly and time-consuming but also involve more complicated procedures.

The employer and the employee shall submit extension application at the local Labour & Social Security Bureau with the following documentation:

• Employment Permit Extension Application Form bearing the seal of the employer in triplicate with photographs;
• Photocopy of business license of the employer;
• Original and photocopy of the valid passport of the employee;
• Original and photocopy of the labour contract;
• Original and photocopy of the Employment Permit of the employee;
• Original of the Residence Certificate of the employee;
• New Medical Report of the employee (medical report will be renewed every year);
• Working certification bearing the seal of the employer.

Four working days are normally required from the date of documentation submission.

VIII. Violation of these Rules, i.e. the foreign employee who works without the Employment Permit or the employer which hire foreign employee without the Employment License, shall be handed by the public security organs in accordance with Article 44 of the Rules Governing the Implementation of the Law of the People’s Republic of China on the Entry and Exit of Aliens.

For the foreigner employee who refuses to have his/her Employment Permit inspected by the labour administrative authorities, change his/her employer or profession at will or extend his/her term of employment without permission, the labour administrative authorities shall withdraw the Employment Permit and recommend that his/her residence status be cancelled by the public security organs. In case of deportation, the costs and expenses shall be borne by the employee or the employer.

For the foreign employee and the employer who forge, alter, 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 as well in question, confiscate the illegal proceeds and impose a fine between Y10,000 and Y100,000. In serious cases which constitute a crime, the criminal responsibility of the perpetrators shall be looked into by the judicial authorities.

Individual economic organizations and private citizens are prohibited from employing foreigners.

IX. Related Websites:

• General laws and regulations of work and social security
• Chinese version of Rules for the Administration of Employment of Foreigners in China
• Requirements of employment visa application
• English version of Rules for the Administration of Employment of Foreigners in China and relevant procedures