What are the rules for recruiting foreign employees in central enterprises?

Provisions on the Administration of Employment of Foreigners in China

Chapter I General Principles

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

Article 2 The term "foreigner" as mentioned in these Provisions refers to a person who does not have China nationality according to the Nationality Law of the People's Republic of China. The employment of foreigners in China as mentioned in these Provisions refers to the behavior of foreigners who have not obtained the right to settle in China to engage in social labor and get remuneration according to law.

Article 3 These Provisions shall apply to foreigners employed in China and employers employing foreigners. These Provisions shall not apply to persons who enjoy diplomatic privileges and immunities in foreign embassies, consulates, United Nations representative offices in China and other international organizations.

Article 4 The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the municipal labor administrative departments authorized by them shall be responsible for the administration of foreigners' employment in China.

Chapter II Employment Permit

Article 5 The employing unit must apply for an employment certificate for foreigners and obtain the Employment Certificate for People and Foreigners in China (hereinafter referred to as the Employment Certificate) before employing the foreigner. ?

Article 6 The position of employing foreigners by the employing unit shall be a special need position for the temporary lack of suitable candidates in China, and it shall not violate the relevant provisions of the state. The employing unit shall not employ foreigners to engage in commercial cultural performances, except those that meet the requirements of Item (3) of Article 9 of these Provisions. Article 7 Foreigners who want to work in China must meet the following conditions:

(a) at least 18 years old and in good health;

(2) Having the necessary professional skills and corresponding work experience for their work.

(3) No criminal record;

(4) Having a definite employer;

(5) Holding a valid passport or other international travel documents that can replace passports (hereinafter referred to as documents that can replace passports).

Article 8 Foreigners employed in China shall enter the country with a professional visa (if there is a visa-free agreement, it shall be handled according to the agreement), and after entering the country, they shall obtain the Employment Certificate for Foreigners (hereinafter referred to as the Employment Certificate) and the Residence Certificate for Foreigners before they can be employed in China. Foreigners who have not obtained residence certificates (that is, those who hold F, L, C and G visas), foreigners who study and practice in China, and accompanying family members of foreigners who hold professional visas are not allowed to work in China. Under special circumstances, the employer shall apply for the license certificate according to the examination and approval procedures specified in these Provisions. A foreigner who has been hired can change his identity with a permit to the public security organ and apply for an employment permit and residence permit before he can be hired. Spouses of foreign embassies and consulates in China personnel and personnel of representative offices of the United Nations system and other international organizations in China are employed in China in accordance with the Provisions of the Ministry of Foreign Affairs of People's Republic of China (PRC) on Spouses of Foreign embassies and consulates in China Personnel and Personnel of Representative Offices of United Nations System Organizations in China, and relevant formalities shall be handled according to the examination and approval procedures specified in the second paragraph of this article. Permits and employment permits are uniformly produced by the Ministry of Labor.

Article 9 Foreigners who meet one of the following conditions may be exempted from obtaining employment certificates and employment certificates:

(1) Foreign professional technicians and managers directly funded by the Chinese government or funded by state organs and institutions have senior technical titles or special skills qualification certificates confirmed by authoritative technical management departments or trade associations at home and abroad, and hold the Foreign Expert Certificate issued by the Bureau of Foreign Experts Affairs;

(2) Foreign workers with special skills who have not landed in offshore oil operations and hold the Permit for Offshore Oil Operations for Foreigners in People's Republic of China (PRC);

(3) Foreigners who have been approved by the Ministry of Culture to perform commercial cultural performances with a temporary business performance license.

Article 10 A foreigner who meets one of the following conditions may apply for an employment permit directly upon entry with a professional visa and relevant certificates without obtaining a permit:

(1) Foreigners employed in China according to agreements and agreements signed between China and foreign governments and international organizations;

(2) Chief representatives and representatives of permanent representative offices of foreign enterprises in China.

Chapter III Application and Approval

Article 11 When an employer recruits foreigners, it must fill in the Application Form for Employment of Foreigners (hereinafter referred to as the Application Form), submit an application to the competent department of industry at the same level as the competent department of labor administration (hereinafter referred to as the competent department of industry), and provide the following valid certificates:

(1) Resume certificate of the foreigner to be employed;

(2) letter of intent for employment;

(3) A report on the reasons for the proposed employment of foreigners;

(four) the qualification certificate of the foreigner to be employed in this job;

(five) the health certificate of the foreigner to be employed;

(6) Other documents as prescribed by laws and regulations.

The competent department of industry shall conduct examination and approval in accordance with the provisions of Article 6 and Article 7 of these Provisions and relevant laws and regulations.

Article 12 After being approved by the competent department of industry, the employing unit shall go through the examination and approval procedures with the application form to the labor administrative department of the province, autonomous region or municipality directly under the Central Government or its authorized municipal labor administrative department. The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government or authorized municipal labor administrative departments shall designate specialized agencies (hereinafter referred to as the issuing authorities) to be specifically responsible for issuing licenses. The issuing authority shall examine and approve according to the opinions of the competent authorities of the industry and the needs of the labor market, and issue a license to the employer after examination and approval.

Thirteenth central-level employers and employers without industry departments can directly apply to the license issuing agencies of the labor administrative department to handle the employment permit procedures. Foreign-invested enterprises that employ foreigners may, without the approval of the competent department of industry, directly apply for a license from the license-issuing organ of the labor administrative department on the basis of the contract, articles of association, approval certificate, business license and the documents specified in Article 11 of these Provisions.

Article 14 An employer who is allowed to employ foreigners must issue a letter of notification and a license from the authorized unit, and may not directly issue a license to the foreigner to be employed.

Article 15 Foreigners who are allowed to come to China for employment shall apply for professional visas to China embassies, consulates and offices abroad on the strength of the license issued by the Ministry of Labor, the letters and telegrams of the authorized units and their valid passports or certificates that can replace passports. Anyone who meets the provisions of the first paragraph of Article 9 of these Provisions shall apply for a professional visa by the notification letter of the authorized unit; In accordance with the provisions of the second paragraph of Article 9, apply for a professional visa with the notification letter issued by China Offshore Oil Corporation; Anyone who meets the provisions of the third paragraph of Article 9 shall apply for a professional visa with the notification letter from 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 (sent to the relevant foreign embassies and consulates and offices). Anyone who meets the provisions of the first paragraph of Article 10 of these Provisions shall apply for a professional visa with the notification letter and cooperation and exchange project of the authorized unit; Anyone who meets the provisions of the second paragraph of Article 10 shall apply for a professional visa with the notification letter of the authorized unit and the registration certificate of the administrative department for industry and commerce.

Article 16 The employing unit shall, within 15 days after the hired foreigner enters the country, apply for an employment permit for the foreigner at the original issuing authority with the license certificate, the labor contract signed with the hired foreigner, a valid passport or a certificate that can replace the passport, and fill in the Employment Registration Form for Foreigners. The employment permit is valid only in the area designated by the issuing authority.

Article 17 A foreigner who has obtained an employment permit shall apply to the public security organ for a residence permit with the employment permit within 30 days after entering the country. The validity period of the residence certificate can be determined according to the validity period of the employment certificate.

Chapter IV Labor Management

Article 18 An employing unit and an employed foreigner shall conclude a labor contract according to law. The longest term of a labor contract shall not exceed five years. The labor contract shall be terminated upon expiration, but the labor contract may be renewed after the examination and approval procedures are performed in accordance with Article 19 of these Provisions.

Article 19 Upon the expiration of the labor contract signed by an employed foreigner and the employing unit, his employment permit shall become invalid. If it is necessary to renew the contract, the employer shall apply to the labor administrative department for extending the employment time within 30 days before the expiration of the original contract, and go through the formalities for extending the employment permit after approval.