Are there any age or education restrictions for foreigners working in China?

According to relevant regulations: For foreigners to work in China, men should be between 18 and 60 years old, and women should be between 18 and 55 years old.

In principle, foreigners over 60 years old are not allowed to work in China, but there is a supplementary explanation: those who hold the position of deputy general manager, general manager or above of the company can be employed by the company as "foreign employees". Apply to the "Foreign Employment Office" (Foreign Employment Office). The application should describe the work that the foreign employee will do, why the company wants to hire the foreign employee, what losses the company may suffer if it does not hire the foreign employee, etc.

This application must be submitted in writing (stamped with the official seal of the unit) to the Foreign Affairs Office for review. Usually there will be a reply within 2 weeks, but it may not be approved.

It is understood that the current laws and regulations adopted by relevant departments are still the "Regulations on the Administration of Foreigners' Employment in China" issued by the Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Foreign Trade and Economic Cooperation on January 22, 1996. Article 34 of the regulations states: “Individual economic organizations and individual citizens are prohibited from hiring foreigners.

” That is to say, individual business households and individuals cannot recruit foreign employees, and the recruitment subject must be a “company” (including one-person company).

Regulations on the Administration of Foreigners’ Employment in China (issued by the Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Foreign Trade and Economic Cooperation on January 22, 1996) Chapter 1 General Provisions Article 1 is to strengthen the regulation of foreigners’ employment in China. Management, these regulations are formulated in accordance with relevant laws and regulations.

Article 2 Foreigners as mentioned in these regulations refer to persons who do not have Chinese nationality in accordance with the Nationality Law of the People's Republic of China.

For the purpose of these regulations, the term "foreigners' employment in China" refers to the behavior of foreigners who have not obtained the right to settle in China to engage in social labor and obtain labor remuneration in accordance with the law.

Article 3 These regulations apply to foreigners employed in China and employers employing foreigners.

This provision does not apply to personnel who enjoy diplomatic privileges and immunities in foreign embassies and consulates in China, United Nations representative offices in China, and other international organizations.

Article 4 The labor administrative departments of the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government and their authorized prefecture-level labor administrative departments are responsible for the management of foreigners' employment in China.

Chapter 2 Employment Permit Article 5 To hire a foreigner, the employer must apply for an employment permit for the foreigner, and upon approval, obtain the "Employment Permit for Foreigners of the People's Republic of China" (hereinafter referred to as Permit) before hiring.

Article 6: Employers must hire foreigners for positions that require special needs, for which there is a temporary shortage of suitable candidates in the country, and that do not violate relevant national regulations.

Employers are not allowed to hire foreigners to engage in commercial theatrical performances, except for those who meet the requirements of Article 9, Paragraph 3 of these Regulations.

Article 7 Foreigners must meet the following conditions for employment in China: (1) Over 18 years old and in good health; (2) Have the necessary professional skills and corresponding work experience to perform their work; ( 3) No criminal record; (4) Have a confirmed employer; (5) Hold a valid passport or other international travel documents that can replace the passport (hereinafter referred to as the documents that replace the passport).

Article 8 Foreigners working in China should enter China with a professional visa (if there is a mutual visa exemption agreement, the agreement shall be followed), and after entry, obtain a "Foreigner Employment Permit" (hereinafter referred to as the "Employment Permit") and Foreigners can only work in China with their residence permit.

Foreigners who have not obtained residence documents (i.e. those holding F, L, C, G visas), foreigners studying or interning in China, and the accompanying family members of foreigners holding professional visas are not allowed to work in China .

In special circumstances, the employer shall apply for a license in accordance with the approval procedures stipulated in these regulations. The employed foreigner must go to the public security organ with the license to change his identity and apply for an employment permit and a residence permit before he can be employed.

The spouses of personnel of foreign embassies and consulates in China and the representative offices of the United Nations system and other international organizations in China who are employed in China should comply with the "Regulations of the Ministry of Foreign Affairs of the People's Republic of China and the People's Republic of China on Foreign Embassies and Consulates in China". "Regulations on the Employment of Spouses of Personnel of Embassy and United Nations System Organization Representatives in China" shall be implemented, and relevant procedures shall be handled in accordance with the approval procedures stipulated in paragraph 2 of this article.

Permit certificates and employment certificates are uniformly produced by the Ministry of Labor.

Article 9 Foreigners who meet one of the following conditions are exempted from employment permits and employment certificates: (1) Foreign professional technical and managerial personnel hired directly with funding from the Chinese government, or hired by state agencies and Public institutions invest in hiring foreign professional technical and managerial personnel with senior technical titles or special skills qualification certificates confirmed by domestic or international authoritative technical management departments or industry associations, and foreigners who hold a "Foreign Expert Certificate" issued by the Bureau of Foreign Experts ; (2) Foreign workers who hold a "Permit for Foreigners to Engage in Offshore Petroleum Operations in the People's Republic of China" to engage in offshore petroleum operations, do not need to log in, and have special skills; (3) Hold a work permit approved by the Ministry of Culture "Temporary Business Performance Permit" for foreigners who conduct commercial theatrical performances.

Article 10: Foreigners who meet one of the following conditions are exempted from applying for a permit and can directly apply for an employment permit with an occupational visa and relevant certificates after entry: (1) In accordance with the regulations between my country and foreign governments and international organizations Foreigners hired to work in China through mutual agreements and agreements to implement Sino-foreign cooperation and exchange projects; (2) Chief representatives and representatives of foreign enterprises’ permanent representative offices in China.

Chapter 3 Application and Approval Article 11 To hire foreigners, the employer must fill in the "Application Form for Employment of Foreigners" (hereinafter referred to as the application form) and submit it to the labor administrative department at the same level. The industry authority (hereinafter referred to as the industry authority) submits an application and provides the following valid documents: (1) resume certificate of the foreigner to be hired; (2) letter of intention to hire; (3) report on the reasons for the foreigner to be hired; (4) Certificate of qualifications of the foreigner to be hired for the job; (5) Certificate of health status of the foreigner to be hired; (6) Other documents stipulated by laws and regulations.

The industry authorities shall conduct examination and approval in accordance with Articles 6 and 7 of these Provisions and relevant laws and regulations.

Article 12 After approval by the competent industry department, the employer shall take the application form to the labor administrative department of the province, autonomous region, or municipality directly under the Central Government where the unit is located or its authorized prefecture-level labor administrative department for approval. formalities.

The labor administrative department of the province, autonomous region, or municipality directly under the Central Government or the authorized prefecture-level labor administrative department should designate a specialized agency (hereinafter referred to as the issuing agency) to be specifically responsible for issuing license certificates.

The licensing authority shall make the approval based on the opinions of the industry authorities and the demand conditions of the labor market, and issue the license to the employer after approval.

Article 13 Central-level employers and employers without industry competent authorities who hire foreigners may apply directly to the labor administration department’s licensing authority to apply and handle employment permit procedures.

Foreign-invested enterprises that employ foreigners do not need approval from industry authorities. They can directly go to the labor administration department to issue a certificate with the contract, articles of association, approval certificate, business license and the documents specified in Article 11 of these regulations. The agency applies for a license.

Article 14 An employer that is approved to hire a foreigner must issue a notification visa letter and a license certificate to the foreigner to be hired. The authorized unit shall not issue a license certificate directly to the foreigner to be hired.

Article 15 Foreigners who are allowed to work in China should go to the Chinese embassy abroad with a license issued by the Ministry of Labor, a notification letter from the authorized unit and a valid passport of their country or a certificate that can replace the passport. , consulate, office to apply for a professional visa.

Any person who meets the provisions of Paragraph 1 of Article 9 of these Regulations shall apply for a professional visa with the notification letter from the authorized unit; any person who meets the provisions of Paragraph 2 of Article 9 shall apply for a professional visa with the notification letter from China National Offshore Oil Corporation Apply for a professional visa with a notification letter and email issued by the head office; any person who meets the provisions of Article 9, Paragraph 3, shall present a notification letter and email from the Foreign Affairs Office of the People's Government of the relevant province, autonomous region, or municipality directly under the Central Government and an approval document from the Ministry of Culture (directly issued to the relevant diplomatic missions abroad, Consulate, office) to apply for a professional visa.

Any person who meets the provisions of Paragraph 1 of Article 10 of these Regulations shall apply for a professional visa with the notification letter and cooperation and exchange project letter from the authorized unit; anyone who meets the provisions of Paragraph 2 of Article 10 shall apply for a professional visa. You should apply for a professional visa with the notification letter from the authorized unit and the registration certificate from the industrial and commercial administration department.

Article 16 The employer shall, within 15 days after the foreigner being hired enters the country, arrive with the permit certificate, the labor contract signed with the foreigner being hired, and his or her valid passport or a document that can replace the passport. The original issuing authority shall apply for an employment permit for foreigners and fill in the "Foreigner Employment Registration Form".

The employment permit is only valid within the area specified by the issuing authority.

Article 17 Foreigners who have applied for an employment permit should apply for a residence permit at the public security bureau with their employment permit within 30 days after entry.

The validity period of the residence permit can be determined according to the validity period of the employment permit.

Chapter 4 Labor Management Article 18 The employer and the employed foreigner shall conclude a labor contract in accordance with the law.

The maximum term of a labor contract shall not exceed five years.

The labor contract will be terminated upon expiration, but it can be renewed after completing the approval procedures in accordance with Article 19 of these regulations.

Article 19 When the labor contract signed between the employed foreigner and the employer expires, his or her employment certificate shall become invalid.

If renewal is required, the employer should submit an application for extension of employment time to the labor administration department within 30 days before the expiration of the original contract. Upon approval, the employer shall go through the employment certificate extension procedures.

Article 20 After a foreigner is approved to extend the period of employment in China or change the area or unit of employment, he should go to the local public security agency within 10 days to go through the procedures for extending or changing the residence permit.

Article 21 After the labor contract between the employed foreigner and the employer is terminated, the employer shall promptly report to the labor and public security departments, return the foreigner’s employment permit and residence permit, and Go to the public security bureau to complete exit procedures.

Article 22 The salary paid by the employer to foreigners employed shall not be lower than the local minimum wage standard.

Article 23 The working hours, rest, vacations, labor safety and health, and social insurance of foreigners employed in China shall be governed by relevant national regulations.

Article 24 The employer where foreigners work in China must be consistent with the employer indicated on their employment certificate.

If a foreigner changes the employer within the area specified by the issuing authority but still engages in the original occupation, he must obtain approval from the original issuing authority and go through the procedures for changing the employment permit.

Foreigners who leave the area specified by the licensing authority for employment or change employers within the original area and engage in different occupations must apply for employment permit procedures again.

Article 25 For foreigners whose residence status has been revoked by the Chinese public security organs for violating Chinese laws, the employer shall terminate the labor contract and the labor department shall revoke the employment certificate.

Article 26 If a labor dispute occurs between the employer and the employed foreigner, it shall be handled in accordance with the Labor Law of the People's Republic of China and the Labor Disputes between Enterprises of the People's Republic of China. Regulations.

Article 27 The labor administrative department shall conduct annual inspections of employment certificates.

When an employer hires a foreigner, every year after one year of employment, the employer must go to the labor administration department’s licensing authority to go through the annual employment certificate inspection procedures for the employed foreigner within 30 days before the expiration.

If the application is not processed within the time limit, the employment permit will automatically become invalid.