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| 外国人在中国就业管理规定（英文版） |
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RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA
(Promulgated jointly by the Ministry of Labour, Ministry of public
Security，Ministry of Foreign Affairs and the Ministry of Foreign Trade and
Economic Cooperation of the People's Republic of China on 22 January 1996）
Chapter l General Provisions
Article 1 These Rules are formulated in accordance with the provisions of the
relevant laws and decrees for the purpose of strengthening the admiministration
of employment of foreigners in China.
Article 2 The term "foreigners"in these Rules refers to the persons，who under
the Nationality Law ont1e People's Republic of China, do not have Chinese
nationality． The term "employment of foreigners in China" in these Rules refers
to acts of foreigners without permanent residence status to engage in
remunerative work within Chinese territory in accordance with it laws．
Article 3 These Rules shall apply to employed foreigners within Chinese
territory and their employers． These Rules shall not apply t。foreigners who
enjoy diplomatic privileges and immunities employed by foreign embassies or
consulates，or the offices of the United Nations and other international
organizations in China．
Article 4 The labour administrative authorities of the people's govemmer1t of
the provinces，autonomous regions and municipalities directly under the Central
Government and those at the prefecture and city level with their authorization
are responsible for the administration of employment of foreigners China.
Chapter II Employment License
Article 5 The employer shall apply for the employment permission if it intends
to employ foreigners and may do so after obtaining approval and The People's
Republic of China Employment License for Foreigners（hereinafter referred to as
the "Employment License").
Article 6 The post to be filled by the foreigner recruited by the employer 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 persons qualified under Article 9（3）of these Rules．
Article 7 Any foreigners seeking employment in China shall meet the following
conditions： （1）18 years of age or older and in good health （2）with professional
skills and job experience required for the work of intended employment； （3）with
no criminal record； （4）a clearly-defined employer; （5）with valid passport other
international travel document in lieu of the passport（hereinafter referred to as
the "Travel Document").
Article 8 Foreigners seeking employment in China shall hold the Employment Visas
for thew entry（In case of agreement for mutual exemption of visas，the agreement
shall prevail.), and may wok within Chinese territory only after they obtain the
Employment Permit for Foreigner（hereinafter referred to as the"Employment
Permit"）and the foreigner residence certificate Foreigners who have not been
issued residence certificate (i.e. holders of F，L，C or G-types visas），and those
who are under study or interim programs in China and the families of holders of
Employment Visas shall not work in China．In special cases，employment may be
allowed when the foreigner changes his status at the public security organs with
the Employment License secured by his employer in accordance with the clearance
procedures1under these Rules foreigners changes his status at the public
security organs with the Employment License and receives his Employment permit
and residence certificate． The employment in China of the spouses of the
Personnel of foreign ernbassies, consulates, representative offices of the
United Nations System and other international organization in China shall follow
the Provisions of Ministry of Foreign Affairs of the People's Republic of China
Concerning the Employment of the Spouses of the Personnel of Foreign
Embassies，Consulates and the Representative Offices of the United Nations System
in China and be handled in accordance with the clearance procedures provided for
in the second paragraph of this article. The Employment License and the
Employment Permit shall be designed and prepared exclusively by the Ministry of
Labour.
Article 9 Foreigners may be exempted from the Employment License and Employment
permit when they meet any of the following conditions： （1）foreign professional
technical and managerial personnel employed directly by the Chinese government
or those with senior technical titles or credentials of special skills
recognized by their home or international technical authorities or professional
associations to be employed by Chinese government organs and institutions and
foreigners holding Foreign Expert Certificate issued by China's Bureau of
Foreign Expert Affairs； （2）foreign workers with special skills who wok in
offshore petroleum operations without the need to go ashore for employment and
hold"Work Permit for Foreign Personnel Engaged in the Offshore petroleum
Operations in the people's Republic of China"； （3）foreigners who conduct
commercialized entertaining performance with the approval of the Ministry of
Culture and hold "permit for Temporary Commercialized Performance".
Article 10 Foreigners may be exempted from the Employment License and may apply
directly for the Employment Permit by presenting their Employment Visas and
relevant papers after their entry entry when they meet any of the following
conditions: （1）foreigners employed in China under agreements or accords entered
into by the Chinese government with foreign governments or international
organizations for the implementation of Sino-foreign projects of cooperation and
exchange； （2）chief representatives and representatives of the permanent offices
of foreign enterprises in China.
Chapter III Application and Approval
Article 11 The employer When intending to employ a foreigner，stall fill out the
Application Form for the Employment of Foreigners（hereinafter referred to as
the"Application Form"）and submit it to its competent trade authorities at the
same level as the labour administrative authorities together with the following
documentations： （1）the curriculum vitae of the foreigner to be employed； （2）the
letter of intention for employment； （3）the report of reasons for employment；
（4）the credentials of the foreigner required for the performance of the job；
（5）the health certificate of the foreigner to be employed; （6）other documents
required by regulations． The competent trade authorities shall examine and
approve the application in accordance with Arides 6 and 7 of these Rules and
relevant laws and decrees.
Article 12 After the approval by the competent trade authorities，the employer
shall take the Application Form to the labour administrative authorities of the
province，autonomous region or municipality directly under the Central Government
or the labour administrative authorities at the prefecture and city level where
the said employer is located for examiexamination and clearance．The labour
administration authorities described above shall designate a special
body（hereinafter referred to as the"Certificate Office") to take up the
responsibility of issuing the Employment License．The Certificate Office should
take into consideration of the opinions of the competent trade authorities and
the demand and supply of labour market，and issue the Employment License to the
employer after examination and clearance.
Article 13 Employers at the Central level or those without the competent trade
authorities may submit their application directly to the Certificate Office of
the labour administrative authorities for the Employment Permit. The examination
and approval by the competent trade authorities is not required for
foreign-funded enterprises to employ foreigners，and such enterprises may submit
their applications directly to the Certificate Office of the labour
administrative authorities for the Employment License，bringing with them the
contract, articles of association, certificate of approval, business license and
the documentation referred to in Article 11of these Rules.
Article 14 Employers with permission to employ foreigners shall not send the
Employment License nor the letter of visa notification directly to he foreigners
to be employed1and they must be sent by the authorized unit.
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