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

ation， Approval Certificate， Business Licence and other documents as specified in Article 11 hereof.

　　Article 14　The authorized unit must send the visa notification and Permit to the proposed foreign employee. An employing unit approved to hire foreigners may not directly issue a Permit to a proposed foreign employee.

　　Article 15　A foreigner whose employment in China has been approved shall proceed to a Chinese embassy， consulate or consular office abroad and apply for a work visa on the strength of the Permit issued by the Ministry of Labour， the letter or telegram of notification from the authorized unit and a valid passport or Passport Substitute Documents of his or her country.

　　Persons who conform to the provisions of section （1） of Article 9 hereof shall apply for a work visa on the strength of the letter or telegram of notification of the authorized unit. Persons who conform to the provisions of section （2） of Article 9 hereof shall apply for a work visa on the strength of the letter or telegram of notification issued by the China National Offshore Oil Corporation. Persons who conform to the provisions of section （3） of Article 9 hereof shall apply for a work visa on the strength of the letter or telegram of notification of the foreign affairs office of the People's Government of the relevant province， autonomous region or municipality directly under the central government and the approval document of the Ministry of Culture （issued through the relevant embassy， consulate or consular office abroad）。

　　Persons who conform to the provisions of section （1） of Article 10 hereof shall apply for a work visa on the strength of the letter or telegram of notification of the authorized unit and the document concerning the co-operative exchange project. Persons who conform to the provisions of section （2） of Article 10 hereof shall apply for a work visa on the strength of the letter or telegram of notification of the authorized unit and evidence of registration of the administration for industry and commerce authority.

　　Article 16　Within 15 days from the date that a foreign employee ha

s entered the People's Republic of China， the employing unit shall proceed to the original Permit Issuing Authority with the Permit， the labour contract entered into with the foreign employee and his or her valid passport or Passport Substitution Documents to obtain an Employment Certificate for the foreigner and complete a Registration Form for Employment of Foreigners.

　　Employment Certificates shall be valid only within the region specified by the Permit Issuing Authority.

　　Article 17　Foreigners who have obtained an Employment Certificate shall take their Employment Certificate to the public security authority and apply for residence permits within 30 days after entering the People's Republic of China. The term of effectiveness of the residence permit may be determined in accordance with the term of effectiveness of the Employment Certificate.

　　PART FOUR　LABOUR MANAGEMENT

　　Article 18　Employing units shall enter into labour contracts with foreign employees according to law. The maximum term of the labour contract may not exceed five years. The labour contract shall terminate upon expiration of its term， but may be extended after performing the examination and approval procedures as specified in Article 19 hereof.

　　Article 19　The Employment Certificate shall expire upon expiration of the term of the labour contract entered into by the foreign employee and the employing unit. If an extension is required， the said employing unit shall submit an application for extension of the employment term to the labour administration authority within 30 days prior to the expiration of the original contract and， upon approval， shall carry out procedures for extension of the Employment Certificate.

　　Article 20　Within 10 days after extension of the term of employment in China or change in the region or unit of employment of a foreigner has been approved， the foreigner shall proceed to the local public security authority to carry out procedures in respect of extension or amendment of his or her residence documents.

　　Article 21　An employing unit shall promptly report rescission of the labour contract between a foreign employee and the employing unit to the labour and public security authorities， return the Employment Certificate and residence documents， and proceed to the public security authority to carry out procedures in respect of leaving the People's Republic of China.

　　Article 22　Wages paid to the foreign employee by the employing unit may not be lower than the local minimum wage standard.

　　Article 23　Working hours， rest， holidays， labour safety and hygiene and social insurance of foreigners employed in China shall be handled in accordance with relevant state regulations.

　　Article 24　The employing unit of a foreigner employed in China must be the same as the unit specified in his or her Employment Certificate.

　　A foreigner who changes his or her employing unit within the region specified by the Permit Issuing Authority but continues to engage in the original occupation must obtain the approval of the original Permit Issuing Authority and carry out procedures for amendment of his or her Employment Certificate.

　　A foreigner who leaves the employment region specified by the Permit Issuing Authority or changes his or her employing unit and engages in a different occupation within the specified region must carry out procedures for an employment permit anew.

　　Article 25　If the resident status of a foreigner is revoked by the Chinese public security authorities due to violation of Chinese laws， the employing unit shall rescind the labour contract and the labour authority shall cancel the Employment Certificate.

　　Article 26　Labour disputes which arise between the employing unit and the foreign employee shall be handled in accordance with the PRC， Labour Law and the PRC， Handling of Labour Disputes in Enterprises Regulations.

　　Article 27　The labour administration authority shall carry out an annual inspection of Employment Certificates. Within 30 days prior to the end of each full year of employment of a foreigner， the employing unit shall proceed to the Permit Issuing Authority of the labour administration authority to carry out procedures in respect of the annual inspection of the Employment Certificate on behalf of the foreign employee. If this term is exceeded， the Employment Certificate shall automatically become ineffective.

　　If the Employment Certificate of a foreigner is lost or damaged during the period of his or her employment in China， such foreigner shall proceed immediately to the original Permit Issuing Authority to carry out procedures in respect of reporting the loss of， replacement or exchange of the Certificate.

　　PART FIVE　PENALTIES

　　Article 28　If a foreigner fails to obtain an Employment Certificate and obtains employment without authorization， or an employing unit fails to obtain a Permit and employs a foreigner without authorization in violation of these Regulations， the public security authorities shall handle the matter in accordance with Article 44 of the PRC， Control of the Entry and Exit of Foreigners Law Implementing Rules.

　　Article 29　The labour administration authority shall recover the Employment Certificate， and request the public security authorities to rescind the resident status of a foreigner who refuses inspection of his or her Employment Certificate by the labour administration authorities， or changes his or her employing unit or occupation or extends the term of his or her employment without authorization. If a foreigner has to be deported by such authority， deportation expenses shall be borne by the employing unit or by such foreigner.

　　Article 30　If a foreigner or an employing unit falsifies， alters， misuses， assigns， buys or sells an Employment Certificate or Permit， the labour administration authority shall recover the Employment Certificate or Permit， confiscate the illegal income and impose a fine of not less than Rmb 10，000 and not more than Rmb 100，000. In serious cases where a criminal offence is constituted， the matter shall be handed over to the judicial authorities， and criminal liability shall be pursued according to law.

　　Article 31　If the working personnel of the Permit Issuing Authority or the relevant authorities abuse their functions and powers， collect fees illegally or practice graft and a criminal offence is constituted， criminal liability shall be pursued according to law. If no criminal offence is constituted， administrative penalties shall be imposed.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 32　The employment in mainland China of residents of the Chinese regions of Taiwan， Hongkong and Macao shall be handled in accordance with the Administration of the Employment in Mainland China of Taiwan， Hongkong and Macao Residents Regulations.

　　Article 33　These Regulations do not apply to the employment of foreigners in the Chinese regions of Taiwan， Hongkong and Macao.

　　Article 34　The employment of foreigners by individual economic organizations and individual citizens is prohibited.

　　Article 35　The labour administration authorities of the provinces， autonomous regions and municipalities directly under the central government may formulate detailed implementing rules for their region pursuant to these Regulations together with the public security authorities， and submit the same to the Ministry of Labour， the Ministry of Public Security， the Ministry of Foreign Affairs and the Ministry of Foreign Trade and Eco

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