外国人在中国就业管理规定 Administration of Foreigners Working in China Provisions

劳部发[1996]29号
（Promulgated by the Ministry of Labour， Ministry of Public Security， Ministry of Foreign Affairs and Ministry of Foreign Trade and Economic Cooperation， on 22 January 1996 and effective as of 1 May 1996.）
颁布日期：19960122 　实施日期：19960501 　颁布单位：劳动部、 公安部、 外交部、 对外贸易经济合作部

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in accordance with the provisions of relevant laws and regulations in order to strengthen administration of the employment of foreigners in China.

　　Article 2　For the purposes of these Regulations， the term “foreigners” shall refer to persons who do not have Chinese citizenship pursuant to the provisions of the PRC， Nationality Law.

　　For the purposes of these Regulations， the term “employment of foreigners in China” shall mean the acts of lawful engagement in social labour and obtaining of labour remuneration inside the People's Republic of China by foreigners who do not have the right of permanent residence.

　　Article 3　These Regulations apply to foreigners employed inside the People's Republic of China and work units inside the People's Republic of China which employ foreigners.

　　These Regulations do not apply to personnel of embassies and consulates of foreign countries in the People's Republic of China， the representative offices of the United Nations in the People's Republic of China and other international organizations who enjoy diplomatic privileges and diplomatic immunity.

　　Article 4　The labour administration authorities of the People's Governments of each province， autonomous region and municipality directly under the central government and the labour administration authorities at the regional and municipal level authorized by them shall be responsible for administration of the employment of foreigners in China.

　　PART TWO　EMPLOYMENT PERMITS

　　Article 5　To hire a foreigner， the employing unit must apply for an employment permit for such foreigner， and may hire such foreigner only after obtaining approval and a Foreigner's Employment Permit of the People's Republic of China （hereafter “Permit”）。

　　Article 6　The position for which a foreigner is hired by the employing unit shall be a position for which there are special requirements， for which there is a temporary shortage of suitable candidates inside China and which does not violate relevant state regulations.

　　An employing unit may not hire a foreigner to engage in artistic performances of a commercial nature， except， however， in the case of persons who conform to the provisions of section （3） of Article 9 hereof.

　　Article 7　In order to obtain employment in China， a foreigner must satisfy the following conditions：

　　1. be 18 years of age or above and in good health；

　　2. have the expertise and relevant work experience required for their work；

　　3. have no criminal record；

　　4. have a confirmed hiring unit； and

　　5. have a valid passport or other international travel documents which can be used instead of a passport （hereafter “Passport Substitute Documents”）。

　　Article 8　A foreigner employed in China shall enter the People's Republic of China on a work visa （in the case of reciprocal visa exemption agreements， matters shall be handled in accordance with such agreements）， and， after entering the People's Republic of China， may be employed inside the People's Republic of China only after obtaining a Foreigner's Employment Certificate （hereafter “Employment Certificate”） and foreigner's residence documents.

　　Foreigners who have not obtained residence documents （that is， holders of F， L， C and G visas）， foreigners who have come to study or to conduct fieldwork and the accompanying dependants of foreigners holding work visas may not be employed in China. In extraordinary circumstances， the employing unit shall apply for a Permit in accorda

nce with the examination and approval procedures specified herein， and the foreigner so hired shall proceed to the public security authority to change his or her status on the strength of such Permit. Such foreigner may be employed only after obtaining an Employment Certificate and a residence permit.

　　The employment of spouses of personnel of the embassies and consulates of foreign countries in the People's Republic of China and the representative offices in the People's Republic of China of the United Nations Organization and other international organizations shall be handled in accordance with the PRC Ministry of Foreign Affairs， Concerning the Employment in China of the Spouses of Personnel of Embassies and Consulates of Foreign Countries in the People's Republic of China and the Representative Offices in the People's Republic of China of the United Nations Organization Regulations. The relevant procedures shall be carried out in accordance with the examination and approval procedures specified in paragraph 2 of this Article.

　　Permits and Employment Certificates shall be centrally printed by the Ministry of Labour.

　　Article 9　Foreigners who conform to any of the following conditions need not obtain a work permit or Employment Certificate：

　　1. foreign specialist technical or management personnel hired and paid for directly by the Chinese government， or foreign specialist technical or management personnel who hold a high-level technical title or credentials in respect of special skills confirmed by an authoritative technical or administrative authority or professional association of their own country or an authoritative international technical or administrative authority or professional association and who are hired and paid for by a state authority or institution， and foreigners who hold a Foreign Expert Certificate issued by the Bureau of Foreign Experts；

　　2. foreign labour service personnel with special skills who hold a Work Certificate for a Foreigner Engaged in Off-Shore Petroleum Business in the People's Republic of China， who are engaged in off-shore petroleum business and do not need to go ashore； and

　　3. foreigners who hold a Temporary Permit to Engage in Commercial Performances approved by the Ministry of Culture to carry out artistic performances of a commercial nature.

　　Article 10　Foreigners who conform to any of the following conditions need not obtain a Permit， and may， after entering the People's Republic of China， directly obtain an Employment Certificate on the strength of the work visa and relevant certification：

　　1. foreigners hired to come to China to work on Chinese-foreign co-operative exchange projects pursuant to agreements or treaties between China and the government of a foreign country or an international organization； and

　　2. the chief representative and the representatives of the resident representative offices in China of foreign enterprises.

　　PART THREE　APPLICATION， EXAMINATION AND APPROVAL

　　Article 11　To hire a foreigner， the employing unit must complete an Application Form for the Employment of a Foreigner （hereafter “Application Form”）， submit an application to its authority in charge of the industry at the same level as the labour administration authority in charge （hereafter “Authority in Charge of the Industry”） and provide the following valid documents：

　　1. evidence of the education and work experience of the proposed foreign employee；

　　2. a letter of intent to hire；

　　3. a report on the reason for proposing to hire a foreigner；

　　4. evidence of the qualifications of the proposed foreign employee to engage in such work；

　　5. evidence of the state of health of the proposed foreign employee； and

　　6. other documents specified in laws and regulations.

　　The Authority in Charge of the Industry shall carry out examination and approval in

accordance with Article 6 and Article 7 hereof and the provisions of relevant laws and regulations.

　　Article 12　After approval by the Authority in Charge of the Industry， an employing unit shall take the Application Form to the labour administration authority of the province， autonomous region or municipality directly under the central government or the labour administration authority at the regional and municipal level authorized by such authority where such unit is located and carry out approval procedures. The labour administration authority of the province， autonomous region or municipality directly under the central government or the labour administration authority at the regional or municipal level authorized by such authority shall designate a specialist authority （hereafter “Permit Issuing Authority”） to be specifically responsible for the issue of Permits. The Permit Issuing Authority shall carry out approval in accordance with the opinions of the Authority in Charge of the Industry and situation in respect of the demands of the labour market， and shall issue a Permit to the employing unit after approval.

　　Article 13　When an employing unit at the central government level or an employing unit with no Authority in Charge of the Industry hires a foreigner， such unit may proceed directly to the Permit Issuing Authority of the labour administration authority to submit an application and carry out procedures in respect of a work permit.

　　The employment of foreigners by foreign investment enterprises is not subject to examination and approval by the Authority in Charge of the Industry. A foreign investment enterprise may proceed directly to the Permit Issuing Authority of the labour administration authority and obtain a Permit on the strength of its Contract， Articles of Associ

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