Serviceleitfaden für Ausländer zur Arbeitserlaubnis in China (vorläufig)

Appendix:

No.: D 50001

Serviceleitfaden für Ausländer zur Arbeitserlaubnis in China (vorläufig)

Release Date: March 29, 2017

Implementation Date: April 1, 2017 Issued by: National Foreign Experts

1. Scope of application

This guideline is applicable to the application and processing of work permits for employing foreigners to work in China by employers legally established within the territory of the People’s Republic of China. The approval objects are employers employing foreigners and foreigners.

2. Types of Matters Review

Pre-trial and post-approval.

3. Approval basis

(1) The Administrative Licensing Law of the People’s Republic of China.

(2) Article 41 of the Exit and Entry Administration Law of the People’s Republic of China stipulates: Foreigners working in China shall obtain work permits and work-type residence certificates in accordance with the regulations. No unit or individual may employ foreigners who have not obtained work permits and work-type residence permits.

(3) Article 7 of the Regulations of the People’s Republic of China on the Administration of the Entry and Exit of Foreigners stipulates that an applicant for an R visa shall meet the conditions and requirements for the introduction of foreign high-level talents and urgently-needed specialized talents determined by the relevant competent authorities of the Chinese government. It is required to submit appropriate supporting materials. To apply for a Z visa, the work permit and other certification materials shall be submitted in accordance with the regulations.

Article 16 stipulates that for a work-type residence permit, a work permit and other certification materials shall be submitted; for foreign high-level talents needed by the state or urgently needed specialized talents, relevant certification materials shall be submitted in accordance with the regulations.

(4) The Letter of Integrating Opinions on Permission for Foreigners to Work in China issued by the Examination and Reform Office of the State Council (Examination and Reform Office Letter [2015] No. 95).

4. Acceptance agency

Provincial-level people’s governments and Xinjiang Production and Construction Corps foreigners work management departments and their authorized local people’s government foreigners work management departments and agencies entrusted by them.

5. The decision-making body

The provincial people’s government and the foreigner work management department of Xinjiang Production and Construction Corps and their authorized local people’s government foreigner work management department.

6. Quantity limit

There are no restrictions on the quantity of foreign high-end talents (category A); foreign professionals (category B) are limited according to market demand; the number of other foreign personnel (category C) is limited according to relevant state regulations. The specific number limit can be inquired through the foreigner’s work management service system in China.

7. Application Conditions

(1) Basic conditions of the employer

1. Established in accordance with the law, with no record of serious violations of law or dishonesty; hiring foreigners for positions that have special needs, there is no suitable candidate in China, and do not violate relevant state regulations; the wages and salaries of the foreigners employed shall not be lower than the local minimum fee standard.
2. If the laws and regulations stipulate that it should be pre-approved by the competent industry department, approval is required.

(2) Basic requirements for applicants

1. They should be at least 18 years old, in good health, with no criminal record, with a definite employer within the territory, and with the necessary professional skills or appropriate knowledge level for their work.
2. The work they are engaged in is in line with the needs of my country’s economic and social development, and is a professional who is in urgent need in the country.
3. If the laws and regulations provide otherwise for foreigners to work in China, such provisions shall prevail.

(3) Foreign high-end talents (category A)

Foreign high-end talents refer to scientists, scientific and technological leaders, international entrepreneurs, special talents, etc., who meet the requirements of “high-end, high-end talents” and market demand orientation for China’s economic and social development, as well as talents who meet the standards of foreign high-end talents with points. Foreign high-end talents are not limited by age, education and work experience. For details, please refer to the Classification Standard for Foreigners to Work in China (for Trial Implementation).

(4) Foreign Professionals (Category B)

Foreign professionals refer to those who meet the requirements of the foreigners’ work guidance catalog and job requirements, and are urgently needed for economic and social development. They have a bachelor’s degree or above and a two-year

and above relevant work experience, under the age of 60; if there is a real need, those who meet the needs of innovative and entrepreneurial talents, professional and skilled talents, outstanding foreign graduates, those who meet the standards of foreign professional talents with points and the implementation of intergovernmental agreements or agreements, Restrictions on age, education or work experience can be appropriately relaxed. For details, please refer to the classification criteria for foreigners to work in China.

(trial). Where the state has regulations on specialized personnel and government project personnel, such regulations shall prevail.

(5) Other foreign personnel (Category C)

Other foreign personnel refer to other foreign personnel who meet the needs of the domestic labor market and comply with national policies. For details, please refer to the Classification Standard for Foreigners to Work in China (for Trial Implementation).

(6) Approval is granted if the following conditions are met

1. Those who fall within the scope of the authority of the foreigner work management department;
2. Those who meet the above-mentioned conditions for foreigners to work in China;
3. The application materials are true, complete and meet the requirements.

(7) Approval will not be granted under any of the following circumstances

1. Incomplete application materials;
2. The application materials do not meet the requirements;
3. The application materials are false;
4. The applicant does not meet the working conditions in China;
5. Other situations in which it is inappropriate to issue foreigners with work permits in China.

8. Catalogue of application materials

(1) List of application materials

serial number Submit material list Original/Copy number of copies paper / electronic Require Remark     1     Information registry     original     1     electronic     Stamped with the official seal of the unit. Those who authorize the use of the unit’s foreign affairs, personnel or legally engraved special seal for labor contract business with the legal name must submit a letter of authorization for the official seal for the record.     2     legal registration certificate     original     1     electronic Business license, organization code certificate, social insurance registration certificate, foreign enterprise resident representative office registration certificate or overseas NGO representative office registration certificate, etc. A credit code certificate.   3   Identity proof of the person in charge and the manager   original   1   electronic   4   Industry license documents   original   1   electronic   If the laws and regulations stipulate that it should be pre-approved by the competent industry department, the approval document of the competent industry department must be submitted. Remark: 1. If the registration information of the employer is changed, the change materials need to be provided, and the official seal of the authorized foreign affairs or personnel department can be affixed. 2. For the change of the office address, economic type, etc. of the employer, the approval letter issued by the relevant administrative department, the business license, the social unified credit code certificate or the organization code certificate and other statutory registration certificates shall be provided. 3. If the applicant is changed to the legal representative or chief representative, the changed business license, organization code certificate, social security Insurance registration certificate or foreign enterprise resident representative office registration certificate and representative certificate.

• The employer or the entrusted specialized service organization registers an account online

 

2. Apply for a work permit for foreigners to come to China (work in China for more than 90 days, excluding

90 days)

(1)

serial number   Submit material list   Original/Copy   number of copies   paper / electronic   Require   Remark     1     Application form for foreigners to work in China     Original/Copy     1 serving     paper / electronic   Fill in and print online, after the applicant signs (copy or fax), affix the official seal of the employer or the official seal of the authorized department of the unit and upload it to the system.   The official seal of the employer includes the legal name seal, as well as the official seal of the foreign affairs, personnel agency and labor contract business that has been authorized and registered in the system.       2       Proof of work qualifications       original       1 serving       paper / electronic Proof of work experience related to the current job position issued by the applicant’s former employer, including position, working hours or projects that have been done before, the applicant’s former employer must affix the official seal or the signature of the person in charge, and leave Prove that the contact has a valid contact number or email. High-end foreign talents (Category A) in accordance with the Classification Criteria for Foreigners to Work in China (1) Those who have been selected into relevant domestic talent plans; (2) If it conforms to the internationally recognized standards for the recognition of professional achievements, the commitment system shall be adopted for this item. If the applicant has won a well-known award in the professional field, the corresponding Certificate of award.

Apply for “Notice of Work Permit for Foreigners of the People’s Republic of China” (referred to as “Notice of Work Permit for Foreigners”)

 

3	Highest degree (academic) certificate or relevant approval documents, professional qualification certificate	original	1 serving	paper / electronic	The highest degree (academic degree) certificate obtained abroad shall be certified by our embassy or consulate abroad, or by the embassy or consulate in China of the country where the applicant obtained the degree (academic degree), or by a Chinese academic certification institution. The highest degree (academic) certificate obtained in the Hong Kong and Macao Special Administrative Regions and Taiwan should be certified by a Chinese academic certification institution or notarized by a notary institution in the region where it is located. If the highest degree (degree) certificate is obtained in China, only the original degree (degree) certificate is provided. Chinese laws and regulations stipulate that the pre-approval should be pre-approved by the competent industry department or those who have the corresponding professional qualifications for entry in my country should provide an approval document or professional qualification certificate from the industry competent department.	High-end foreign talents (Category A) in accordance with the Classification Criteria for Foreigners to Work in China (1) Those who have been selected into relevant domestic talent plans; (2) Those who meet the internationally recognized standards for the recognition of professional achievements; (3) Foreign talents who meet the needs of market-oriented encouraged positions; (4) For innovative and entrepreneurial talents, the highest degree (academic) certificate adopts the commitment system. If there is a foreign professional qualification certificate, it should be certified by our embassy or consulate abroad, or the original document should be notarized by the embassy or consulate in China of the country where the professional qualification certificate is obtained, or notarized by a notary institution. Vocational qualification certificates obtained in the Hong Kong, Macao Special Administrative Region and Taiwan shall be obtained through the public office of the region where they are located. The certification authority shall notarize the original.
4	Certificate of Good Conduct	original	1 serving	paper / electronic	It should be issued by the police, security, court and other departments of the applicant’s country of nationality or habitual residence and certified by our embassy or consulate abroad or a foreign embassy or consulate in China. The certificate of no criminal record issued in the Hong Kong, Macao Special Administrative Region and Taiwan region should be notarized by the notary office in the region where the certificate is located. The habitual residence refers to the country or region where the applicant has left the country of nationality and lived continuously for more than one year, excluding China. The time of issue of no criminal record should be within 6 months.	Foreign high-end talents (category A) This item adopts the commitment system. A sworn clear of a criminal record for the sole declaration of innocence will not be accepted. Non-sworn criminal records issued by diplomats (including foreign embassies and consulates in China) can be accepted directly without authentication.
5	A medical certificate	original	1 serving	paper /electronic	The verification certificate or health examination certificate for overseas personnel issued by the Chinese inspection and quarantine institution, or the medical certificate issued by the overseas health and medical institution recognized by the Chinese inspection and quarantine institution, shall be issued within 6 months.	The list of overseas health and medical institutions approved by the Chinese inspection and quarantine agency can be found on the websites of local embassies and consulates abroad. The commitment system can be adopted before entry. When applying for the Work Permit for Foreigners of the People’s Republic of China after entry, the verification certificate of physical examination records or health examination certificate of overseas personnel issued by the inspection and quarantine agency in China should be supplemented.

 

6	Employment contract or employment certificate (including dispatch letter from multinational companies )	Original/Copy	1 serving	paper / electronic	The contract should be provided in Chinese, which should be signed by the applicant and stamped with the official seal of the unit, and must not be altered. Employers who have been recognized by the licensing decision-making agency as a model of good faith and have no bad credit records for three consecutive years, if they cannot provide an employment contract before entering the country, they can provide a certificate of employment and apply for it after entering the country. When submitting the employment contract when submitting the Work Permit for Foreigners of the People’s Republic of China, the necessary contents must be consistent;	Employment contract or employment certificate (including the dispatch letter from a multinational company) should include the work place, work content, salary, working time in China, position, and the necessary content of the stamp page (signature). Employment certificates are applicable to those who implement agreements or agreements between governments and international organizations, chief representatives and representatives of various representative offices in China, and overseas contract service providers. dispatch letter is applicable when the headquarters or regional headquarters of a multinational company dispatches managers and other senior managers and professional technicians from overseas to work in domestic subsidiaries or branches, and it is issued by the headquarters or regional headquarters of the multinational company. If the employment certificate (including the dispatch letter) lacks the necessary content, a separate certificate and supplementary statement shall be issued. If a multinational company’s regional headquarters in China dispatches managers and other senior managers and professional technicians to work in a domestic subsidiary or branch, submit a dispatch letter and an employment contract signed with the multinational company’s regional headquarters in China. Use contract.
7	Applicant’s passport or international travel document	original	1 serving	paper / electronic	Passport or international travel document information page.	Passports must be valid for at least 6 months.
8	The applicant’s frontal bareheaded photo within 6 months	original	1 piece	electronic	Recent bareheaded electronic photos, white background, no borders, complete facial features, clear image, no spots, blemishes, ink defects. JPG format, size between 40K-120k bytes, no less than 354 (width)*472 (High) pixels, no larger than 420 (W)*560(H) pixels, 24 true colors.	It is not recommended to wear accessories such as hats or headscarves. If you have to wear them for religious reasons, you should ensure that they do not cover the entire face of the applicant.

 

9	Documents related to accompanying family members	original	1 serving	paper / electronic	Including the information page of the accompanying family’s passport (or international travel document), family relationship certificate (spouse – marriage certificate, children – child birth certificate or adoption certificate, parents or parents-in-law – applicant’s birth certificate or marriage certificate or notarized certificate), medical report (18 years old family members above) and electronic photos.	Accompanying family members include spouse, children under the age of 18, parents and parents-in-law.
10	other materials
Remark: 1. All non-Chinese certification materials must be provided with Chinese translations and stamped with the official seal of the employer, except for passports or international travel documents. If the acceptance agency or the decision-making agency seriously disagrees with the original content of the translation, it may request the employer to provide it again. 2. All original paper materials and Chinese translations should be uploaded to the processing system electronically. 3. Foreign high-end talents should provide relevant certification materials that meet the accreditation conditions according to the classification standards for foreigners to work in China. The applicant should sign the application form and affix the official seal of the employer, and agree to the licensing decision agency to conduct supplementary investigations as needed. 4. Those who reach the high-end talent standard through point-based points should provide the corresponding highest degree (academic) certificate, vocational qualification certificate, Chinese proficiency (Chinese Proficiency Test HSK certificate), income certificate of annual salary for working in China, and work qualification certificate and other materials. 5. Applicants who have obtained the “Work Permit for Foreigners” may not submit the highest degree (academic) certificate when applying again. If the applied position is the same as the one approved by the original work permit, it is not necessary to submit the work qualification certificate. 6. If the position (occupation) applied for by foreign high-end talents is different from the employment position (occupation) approved by the original work permit, a work qualification certificate shall be provided. Chinese laws and regulations stipulate that the pre-approval shall be conducted by the competent industry department or those who possess the corresponding professional qualifications for entry in my country shall also provide the approval document or professional qualification certificate of the industry competent department. 7. If the nationality is changed, the foreigner should re-apply for a work permit in China. 8. For information on the consular authentication of documents, please check the China Consular Service Network (website http://www.cs.mfa.gov.cn/ ), or contact the corresponding Chinese embassies or consulates abroad. 9. Overseas contract service providers refer to employees of overseas enterprises that have no commercial presence (ie legal entities) in China but engage in substantive commercial activities abroad. Services, the period remuneration is paid by the overseas employer. The service provider shall possess the academic qualifications and professional technical qualifications corresponding to the services provided. The number of service providers is determined by the size of the tasks to be performed under the contract. To apply for a work permit in China, an overseas contract provider must submit, in addition to all the above-mentioned materials, the service contract obtained in China (should include the parties to the contract, work location, contract service content, Applicant’s position and job content, working period in China, signature page).

serial number Submit material list Original/Copy number of copies paper / electronic Require Remark   1 The applicant’s visa (Z or R) or valid residence permit   original   1 serving   paper / electronic   Passport (or international travel document) visa page, entry stamp page or residence permit information page. Except for special circumstances such as loss, the passport must be the same as the passport held when applying for the “Notice of Work Permit for Foreigners”.   2   employment contract   original   1 serving paper / electronic The contract should include the place of work, content, salary, working hours in China, position, and a stamped page (signature). It should be provided if it is not provided when applying for the “Notice of Work Permit for Foreigners”.

• Apply for the “Work Permit for Foreigners of the People’s Republic of China” (referred to as “Work Permit for Foreigners”)

 

3	A medical certificate	original	1 serving	paper /electronic	A certificate of verification of physical examination records or a certificate of health examination issued by the Chinese inspection and quarantine agency, Issued within 6 months.	It should be provided if it is not provided when applying for the “Notice of Work Permit for Foreigners”.
Remark: 1. The applicant should fill in the information on applying for a foreigner’s work permit in the “Application Form for Foreigners’ Work Permit in China”. 2. If the application materials have not been submitted for verification, the original documents should be submitted for verification when applying for the “Work Permit for Foreigners”. Proof materials using the commitment system can no longer provide paper materials.

3. Apply for a work permit for foreigners in China (work in China for more than 90 days, excluding

90 days)

If one of the following conditions is met, you can directly apply for a work permit for foreigners in China, and you should submit all the application materials according to the “Notice of Application for Work Permit for Foreigners” and “Work Permit for Foreigners”:

• High-end foreign talents who have entered China with other visas or valid residence certificates

(Class A);

• The foreigner working in China changes the employer, but the job position (occupation) remains unchanged, and the work-type residence permit is within the validity period;
• Foreign spouses or children of Chinese citizens, spouses or children of foreigners who are permanently resident or working in China, holding valid visas or residence permits within the validity period;
• Comply with the relevant preferential policies of free trade zones and comprehensive innovation and reform pilot zones;
• The employer is eligible for the preferential policies of the multinational company’s regional headquarters in China;
• Circulation of personnel within the enterprise group;
• implementing intergovernmental agreements or agreements;
• Representatives of institutions in China who have entered China legally with work visas; foreigners who have obtained work permits to work in China for less than 90 days and are legally employed by domestic employers within the validity period of their stay;
• Other examination and approval agencies find that they meet the conditions.

Remarks: 1. If a foreigner working in China changes his employer, he should first cancel the existing work permit.

2. The flow of personnel within the regional headquarters of multinational companies and enterprise groups in China refers to the senior management personnel and professional technical personnel such as managers employed by the regional headquarters of multinational companies in China or enterprise groups, and the regional headquarters and their wholly-owned assets that have been registered with the licensing decision-making body. or between joint venture branches and subsidiaries (parent company and its member companies or between member companies) in the same position (including changing to a new position or being promoted from a professional position to an administrative position). After canceling the original work permit, submit an application for a new work permit within 30 days from the date of cancellation, and submit an application form for a foreigner’s work permit in China, employment contract (dispatch letter), valid residence permit, passport information page and cancellation certificate. If the position is changed, the relevant work qualification certificate should be supplemented.
3. Apply for a foreigner’s work permit in China or an invitation letter for foreign experts to come to China (for working in China for less than 90 days, including 90 days)

serial number Submit material list original/ copy number of copies paper/ electronic Require Remark   1 Application Form for Foreigner Work Permit in China or Invitation Letter for Foreign Experts to Come to China   Original/Copy   1 serving   paper / electronic Fill in and print online, and the applicant signs (Can be copied or faxed), stamped with the official seal of the employer, and then uploaded to the system.   The applicant undertakes to have no criminal record.     2   Description of work contract, project contract, cooperation agreement or invitation to invite units     original     1 serving     paper / electronic   Include the applicant’s name, nationality, place of work, duration of work, content of work, and list all places of work and the number of entries. Employers should indicate the fee arrangements for inviting foreigners, make a commitment to the authenticity of the invitation, and pay the fees for the invited foreigners in China. Guaranteed payment, etc. 3 Applicant’s passport or international travel document original 1 serving paper / electronic Passport or international travel document information page.     4     other   Original/Copy     1 serving   paper / electronic Applicants for an invitation letter for foreign experts to come to China should submit certification materials that meet the requirements of foreign high-end talents (category A).

5. Application for extension of work permit for foreigners in China

serial number Submit material list original/ copy number of copies paper /electronic Require Remark   1 Application Form for Extension of Work Permit for Foreigners in China   original   1 serving   paper / electronic   Fill in and print online, sign the applicant, affix the official seal of the employer, and upload it to the system.   2   Employment contract or employment certificate   original   1 serving   paper / electronic   The contract should be provided in Chinese, signed by the applicant and stamped with the official seal of the unit, and must not be altered. 3 Visa or valid residence permit   original   1 serving paper / electronic Passport (or international travel document) visa page, entry stamp page or residence permit information page. including current within the validity period 4 “Foreign Work” license” original 1 serving card The “Foreign Specialist family certificate and ” foreigner Employment Certificate. 5 other Remark: 1. my country’s laws and regulations stipulate that the pre-approval should be carried out by the competent industry department, and the approval document of the industry competent department should be provided. 2. If you change to a new position in the same unit, including promotion from a professional position to an administrative position, you should submit a post change certificate when the extension is extended. 3. If you change to a new position (occupation), you should re-apply for a foreigner’s work permit in China. 4. Those who apply for extension according to foreign high-end talents (category A) need to submit corresponding certification materials. 5. All original paper materials and Chinese translations should be uploaded to the processing system electronically.

If the employer continues to employ the applicant in the original position (occupation), it shall apply to the decision-making body 30 days before the expiration of the applicant’s work permit in China.

6. Application for change of foreigner’s work permit in China

serial number Submit material list Original/Copy number of copies paper / electronic Require Remark   1   Application Form for Change of Work Permit for Foreigners in China   original   1 serving   paper / electronic   Fill in and print online, affix the official seal of the employer, and the applicant’s signature before uploading to the system.     2   Evidence of application for change     original     1 serving   paper / electronic     See the notes for specific requirements. Remark: 1. The applicant’s passport (international travel document) number should provide the new passport (international travel document) number, information page and visa page. 2. If a new position is changed in the same unit, including promotion from a professional position to an administrative position, a change application letter and corresponding certification materials shall be provided, and the provisions of the national laws and regulations shall be followed. 3. If you change to a new position (occupation), you should cancel your existing work permit and re-apply for a foreigner’s work permit in China. 4. All original paper materials and Chinese translations should be uploaded to the processing system electronically.

If the applicant’s personal information (name, passport number, position, category) and other matters are changed, an application shall be submitted to the licensing decision-making body within 10 working days from the date of the change.

7. Application for cancellation of foreigner’s work permit in China

If the validity period of the foreigner’s work permit in China is not renewed, it will be automatically cancelled; if it is revoked or withdrawn according to law, and if the permit is revoked according to law, it will be cancelled by the decision-making body. If the applicant dies or becomes incapacitated, or terminates the contract early or terminates the employment relationship, the employer shall apply to the decision-making body for cancellation within 10 working days from the date of the occurrence of the event. If the employer is terminated, the applicant may apply to the decision-making body for cancellation of the work permit.

 

serial number	Submit material list	original/ copy	number of copies	paper/ electronic	Require	Remark
1	Application Form for Cancellation of Work Permit for Foreigners in China	original	1 serving	paper / electronic	Fill in and print online, affix the official seal of the employer and upload it to the system.
2	Termination of employment relationship, termination of contract or other supporting materials related to the reason for cancellation	original	1 serving	paper / electronic	The termination of the employment relationship and the termination of the contract must be signed by both parties.	If the applicant resigns voluntarily and the employer cannot contact the applicant, the employer shall submit a supplementary statement of cancellation.
Remarks: 1. If the employer is terminated in accordance with the law, the applicant may submit the “Application Form for Cancellation of Work Permit for Foreigners in China” without stamping the company official website. However, it is necessary to provide relevant certification materials that the employer is terminated according to the law and cannot apply for the cancellation of the permit, the personal statement on the cancellation of the permit, and the “Work Permit for Foreigners”. 2. If the foreigner’s work permit in China has been cancelled, the decision-making body will issue a permit cancellation certificate upon application.

8. Apply for “Foreigner Work Permit”

serial number Submit material list Original/Copy number of copies paper / electronic Require Remark   1 Application Form for Re-issuance of Work Permit for Foreigners in China   original   1 serving   paper / electronic Fill in and print online, sign the applicant, affix the official seal of the employer and upload it to the system.   2   Description of applicant’s loss or damage   original   1 serving   paper / electronic   The non-Chinese certification materials should be stamped with the official seal of the employer.

To re-issue the “Work Permit for Foreigners”, the applicant shall publish a statement on the foreigner’s work management service system in China from the date of the loss of the certificate or the date of discovery of the loss, and apply to the licensing decision-making body for re-issuance. If the certificate is damaged, the original certificate must be brought when applying for a replacement.

(2) Submission of application materials

The employer submits the information online, and after the pre-examination by the accepting agency, the applicant, the employer or a special service agency entrusted by it will submit the written materials to the accepting agency. Foreign high-end talents (category A) can submit corresponding electronic materials online instead of paper materials.

9. Application reception

(1) Online submission of information

Login: State Administration of Foreign Experts Affairs website “Management Service System for Foreigners to Work in China”, website http://www.safea.gov.cn .

(2) Receipt of written materials

Provincial-level people’s governments and Xinjiang Production and Construction Corps foreigners work management departments and their authorized local people’s government foreigners work management departments or agencies entrusted by them. The specific office address, traffic route, contact person, contact number, office hours, etc. of the receiving department shall be announced separately by the local licensing decision-making agencies.

10. Go through the basic process

(1) To apply for a foreigner’s work permit in China (for those who have worked in China for more than 90 days , 90 days is not included), and to apply for the extension or cancellation of a foreigner’s work permit in China, the following procedures shall be followed:

1. Apply online. The employer logs in to the system, submits application information online, and provides relevant electronic materials. If a specialized service agency is entrusted, the name of the specialized service agency, legal registration certificate (business license or organization code certificate, social insurance registration certificate or registration certificate of a resident representative office of a foreign enterprise, etc.) must be registered online. Contact number, etc., and submit the power of attorney of the employer and the identity certificate of the manager on the spot.
2. Online pre-trial. The acceptance agency shall pre-examine the materials submitted online within 5 working days from the date of submission of the materials (the date of submission of the materials is not included in the period). If the materials are incomplete and the content is not standardized, the acceptance agency shall notify the materials that need to be supplemented and corrected at one time online; if the materials are complete and the content is standardized, online notification or appointment for on-site submission of materials. Accepted. The acceptance agency decides whether to accept or not after review. The application matters belong to the Bank

If the application materials are complete and meet the requirements, the administrative agency shall accept it on the spot, and the accepting agency shall issue the “Foreigner Work Permit Acceptance Form” affixed with the special seal of the administrative agency and marked with the date; the application materials are incomplete or incomplete. If it conforms to the statutory form, it shall notify the content that needs to be supplemented and corrected on the spot, and issue a one-time notification letter, which shall be accepted after supplementation and correction; if it does not fall within the scope of the administrative organ’s powers and powers, the accepting agency shall explain the reasons and basis for not accepting it, and the accepting agency shall issue a supplementary notice. The notice of non-acceptance with the special seal for administrative licensing shall be delivered to the applicant or the employer within 5 days from the date of receipt of the paper materials.

1. review. After the examination is passed, the “Foreigner Work Permit Notice” will be generated online. The applicant should apply for the “Foreigner Work Permit” within 15 days after entering the country. After submitting the materials for verification, the decision-making body shall review and make a decision within 10 working days (the date on which the materials are submitted for verification is not counted within the period). To apply for the “Work Permit for Foreigners in China”, the original employment contract or employment certificate, work qualification certificate, no criminal record certificate, physical examination certificate, certificate of highest degree certificate, etc. must be verified.

1. Decide. For those who meet the conditions and standards, the decision-making body will make a decision on granting administrative licenses. For those who apply for long-term work in China, they will issue and serve the “Work Permit for Foreigners” within 10 days from the date when the decision is made. If the conditions and standards are not met, a written decision of disapproval shall be made, the reasons shall be explained, and the applicant or the employer shall be informed that they have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

The licensing decision-making agency can simplify the verification of paper materials for foreigners’ work permit extension applications in China based on the credit records of the employer and the applicant.

(2) Apply for a foreigner’s work permit in China or an invitation letter for foreign experts to come to China (for working in China for less than 90 days, including 90 days)

1. Apply online. Employers or entrusted specialized agencies, submit application information online.
2. Online pre-review and acceptance. The acceptance agency shall pre-examine and accept the materials submitted online within 5 working days from the date of submission of the materials (the date of submission of the materials is not included in the period). If the materials are incomplete and the content is not standardized, the acceptance agency shall notify the materials that need to be supplemented and corrected at one time, and issue a one-time notification letter, which shall be accepted after the corrections are made; if the materials are complete and meet the requirements, it shall be accepted and an acceptance notice shall be generated online.

1. review. After the acceptance agency accepts the online acceptance, the decision-making agency shall start the acceptance from the date of acceptance.

Review and make a decision within 5 working days, and no longer submit paper materials for verification.

1. Decide. For those who apply for a foreigner’s work permit in China (within 90 days), if the conditions and standards are met, a decision to grant an administrative license will be made, and the “Foreigner Work Permit Notice” will be generated online, and the paper materials will no longer be verified; if the conditions and standards are not met, Make a written decision of disapproval, explain the reasons, and inform the applicant or employer that they have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Applicants who apply for an invitation letter for foreign experts to come to China will be issued if they meet the conditions and standards, and they will receive a paper invitation letter for foreign experts to China from the issuing agency, and the paper materials will no longer be verified.

(3) Those who apply for a foreigner’s work permit in China and meet the conditions and standards,

The decision-making agency makes a decision to grant an administrative license, and no longer generates the “Work Permit for Foreigners” online. Notifiable”.

(4) To apply for the change of the foreigner’s work permit or the re-issue of the “Foreigner’s Work Permit”, the procedure shall be carried out in accordance with the above (1) procedures. The acceptance decision and approval decision shall be made by electronic receipt, and the applicant does not need to provide paper materials for verification.

(5) Foreign high-end talents (A The following facilitation measures are provided for those applying for a foreigner’s work permit in China, as well as applying for the extension or cancellation of a foreigner’s work permit in China:

1. For the direct acceptance that has passed the online pre-examination by the acceptance agency, an electronic receipt for acceptance will be given. Applicants do not need to provide paper materials for verification before entry;
2. For foreign high-end talents selected into relevant domestic talent plans, the whole process is done online, and there is no need to submit paper materials for verification;
3. Meet the “Classification Standards for Foreigners Working in China” Foreign High-end Talents (Category A)

(1) Those who are selected into the relevant domestic talent plans; (2) Those who meet the internationally recognized standards for the recognition of professional achievements, the work qualification certificate shall adopt the commitment system;

1. Meet the “Classification Standards for Foreigners Working in China” Foreign High-end Talents (Category A)

(1) Those who are selected into relevant domestic talent plans; (2) Those who meet the internationally recognized standards for the recognition of professional achievements; (3) Those who meet the needs of market-oriented encouraged positions; (4) Those who are innovative and entrepreneurial talents, the highest degree (academic degree) ) The certificate adopts the commitment system;

1. The certificate of no criminal record adopts the commitment system;
2. Those who have entered China with other visas or valid residence certificates may apply for a work permit for foreigners in China;
3. For applications for foreigners to work in China, extension or cancellation of foreigners’ work permits, the decision-making agency will review and make a decision within 5 working days.
4. Foreigners may be granted work permits for up to 5 years in China.

11. How to handle

(1) If the employer uses the “Foreigner Work Management Service System” for the first time, it should register an account, fill in the relevant information of the employer online and provide the corresponding electronic materials. The system can only be used after the authentication is successful. Determine whether to verify paper materials.

(2) If the materials are submitted by the employing unit, the information of the handling personnel shall be added online, and the unit certificate shall be issued on the spot. If a specialized service agency is entrusted to submit materials, the specialized service agency should register an account online, add staff information, and submit the power of attorney of the employer and the identity certificate of the handler on the spot.

(3) The licensing acceptance or decision-making agency may take measures such as interviews, telephone inquiries, and on-site investigations to verify the authenticity of the application materials according to the needs of the work.

12. Closing time limit

The decision-making body will review the accepted applications for foreigners to work in China (for more than 90 days), make a corresponding decision within 20 working days and inform the employer, which can be extended for 10 working days under special circumstances. If the time limit needs to be extended under special circumstances, the reason for extending the time limit shall be notified to the employer. The period after the applicant obtains the “Notice of Work Permit for Foreigners” to the time when the applicant submits the materials for applying for the “Work Permit for Foreigners” shall not be counted in the work permit approval time limit. The decision-making body shall review the accepted application for a foreigner’s work permit (less than 90 days to work in China, including 90 days), and respond accordingly within 5 working days from the date of acceptance

Decide. For the invitation letter for foreign experts to come to China, the issuing unit shall decide whether to issue or not within 5 working days from the date of acceptance.

13. Fee basis and standards

There is no fee.

14. Approval Results

Applicants who apply to work in China for more than 90 days shall be approved by the decision agency and shall be notified to the applicant.

Issue “Work Permit for Foreigners”. Those who apply to work in China for less than 90 days (including 90 days) shall be approved by the decision agency, and the applicant shall be issued a “Notice of Work Permit for Foreigners” or an invitation letter for foreign experts to come to China.

15. Result delivery

After the decision-making body makes a licensing decision, it shall notify the employer through the announcement of the “Service Management System for Foreigners to Work in China”. If approved, the applicant or the employer will print the “Notice of Work Permit for Foreigners” online, and receive a written decision on granting permission and a “Work Permit for Foreigners” or an invitation letter for foreign experts to come to China; if not, the employer will receive a written disapproval letter. Decide.

16. Rights and obligations of administrative counterparts

(1) According to the “Administrative Licensing Law”, the applicant or employer shall enjoy the following rights according to law:

1. understand the progress of the application;
2. Know why the application was not accepted or approved;
3. Have the right to state and defend the implementation of administrative licenses by administrative organs;
4. Apply for administrative reconsideration or file an administrative lawsuit on the approval result.

(2) According to the “Administrative Licensing Law” and other laws, the applicant, the employing unit, and the unit or individual issuing the certification materials shall perform the following obligations in accordance with the law:

1. Ensure that the submitted application materials are complete, authentic and valid;
2. Cooperate with the licensing decision-making authority for interviews, telephone inquiries, on-site investigations, etc. to verify the authenticity of the application materials;
3. If licensed, work within the scope of the license;
4. The foreigner’s work permit obtained in accordance with the law shall not be transferred.

17. Consultation channels

(1) Window consultation, telephone consultation, e-mail consultation, letter consultation: The agency that accepts and decides the work permit for foreigners from all over the world will announce it separately.

(2) Online consultation: the consultation window of the foreigner’s work management service system in China.

18. Monitoring and Complaint Channels

(1) Window complaints, telephone complaints, email complaints, and letter complaints: The agency that accepts and decides the work permit for foreigners from all over the world will announce it separately.

(2) Online Complaint: The foreigner’s work management service system for foreigners to lodge an online complaint.

19. Office address and time

The agencies for accepting and deciding on work permits for foreigners from all over the world will be announced separately.

20. Public inquiry of the process and results

From the date of submitting the application online, the employer can log in to the system to check the processing status and check the approval result in real time. The results of the administrative license approval will be disclosed within 7 working days from the date of the administrative decision. .

21. Other matters needing attention

(1) About the first online application

For foreigners’ work permit management service system for foreigners to apply online for new, extension, modification and cancellation of work permit for the first time, the original “Foreign Expert Certificate” or “Foreigner Employment Permit” and the cancellation certificate are also required.

(2) Cancellation of invitation letter or invitation confirmation letter

After holding the “Notice of Work Permit for Foreigners”, go directly to the embassy or consulate abroad to apply for a Z, F or R visa, and no longer go to the authorized unit to apply for an invitation letter or invitation confirmation letter.

(3) Visa formalities

The work permit for foreigners to come to China cannot be used as a visa or a substitute for a visa. Foreigners should submit the “Notice of Work Permit for Foreigners” and other materials in accordance with the regulations, and apply for a visa at the Chinese visa office abroad.

(4) Going through residence procedures

Foreigners should submit the “Foreigner Work Permit” and other materials to go through relevant formalities at the exit-entry administration of the public security organ of the local people’s government at or above the county level in the place of residence.

(5) Credit management system

Implement credit classification management for foreigners working in China, employers and entrusted special offices, and establish a list of abnormal management.

(6) Collection of certificates

The “Foreign Expert Work Permit”, “Foreigner Employment Permit”, “Foreign Expert Certificate” and “Foreigner Employment Permit” within the current validity period will continue to be valid. From April 1, 2017, the whole country started to implement the work permit for foreigners to come to China, and issued the “Foreigner Work Permit”.

Work Permit Notice” and “Foreigner Work Permit Certificate”. From July 1, 2017, the work permit for foreign experts, the entry permit for foreigners and related documents will no longer be issued. From October 1, 2017, holders of the “Foreign Expert Certificate” and “Foreign Employment Permit” with a validity period of more than 6 months can voluntarily renew the “Foreigner Work Permit” after filling in the application form online. constant. Those who provide relevant certification materials that meet the requirements of foreign high-end talents (category A) can be recognized as foreign high-end talents (category A).