| |
| Work permit for foreign experts in Sichuan |
|
|
Conditions for application:
Foreign experts shall obtain the Work Permit for Foreign Experts to Work in China for the purpose of employment in the territory of the PRC. Foreign experts who apply for the Work Permit for Foreign Experts to Work in China shall abide by Chinese laws and regulations, have sound good conditions and a clean criminal record, and fulfill one of the following conditions:
1) being foreign professional technical or managerial staff who are employed to work in China for the purpose of executing inter-governmental and inter-organizational agreements, protocols or Sino-foreign trade contracts;
2) being foreign professional personnel who are employed to engage in work in China in relation to education, scientific research, press and publication, culture, arts, public health and sports;
3) being foreign high-ranking professional technical or managerial staff who are employed to take up positions above deputy general manager or enjoy equivalent treatment in enterprises in the territory of the PRC;
4) being foreign representatives with associations of overseas experts or permanent China representative offices delegated by foreign job agencies approved by the State Administration of Foreign Experts Affairs; and
5) being foreign professional technical or managerial staff with extraordinary expertise of which China is in urgent need, who are employed to work in China in the fields of economy, technology, engineering, trade, banking, finance and accounting, taxation and tourism.
Foreign experts referred to in the above 2) and 3) paragraphs shall hold a bachelor’s degree or higher degrees and at least 5-year work experience in related jobs (language teachers shall hold a bachelor’s degree or higher degrees and at least 2-year work experience in related jobs).
Documents for application:
1) Application form for Work Permit for Foreign Experts to Work in China;
2) Resume (including education background and work experience);
3) Photocopies of credentials of highest education qualification or professional qualification;
4) Health documents issued by foreign health or medical institutions certified by Chinese embassies or general consulates or by health and quarantine authorities designated by the Chinese government; and
5) Employment agreements or contracts: a) in the case of paragraph 1) of Article 3, applying foreign experts shall submit photocopies of relevant project agreements and approval documents; b) in the case of paragraph 2) of Article 3, applying foreign experts shall submit photocopies of qualification certificates of the employing entities or the serial numbers of such permits and standard employment contracts prepared and printed by the State Administration of Foreign Experts Affairs and entered into with the employing entities; c) in the case of paragraph 3) of Article 3, applying foreign experts shall submit photocopies of letters of appointment or employment contracts by the enterprises; d) in the case of paragraph 4) of Article 3, applying foreign experts shall submit photocopies of approval documents for the permanent China representative offices and letters of appointment for foreign representatives or other delegation documents with legal effect; e) in the case of paragraph 5) of Article 3, applying foreign experts shall submit photocopies of employment agreements or contracts.
Procedures and time limit:
1) Application: in the case that ministries and commissions under the State Council, agencies and non-profit-making institutions directly affiliated to the State Council, and head corporations for specialized commodities employ foreign experts, applications shall be made with the State Administration of Foreign Experts Affairs; in the case that other enterprises and institutions employ foreign experts, applications shall be made with provincial administrations of foreign experts affairs subject to territorial jurisdiction.
2) Application acceptance:
a) Where applicants provide complete application documents in conformity with the prescribed forms or all application documents required by executing bodies, such applications shall be accepted by the executing bodies;
b) The executing bodies allow the applicants to rectify any defect in their application documents on the spot. In the case of incomplete application documents or any document’s inconformity with the prescribed forms, the executing bodies shall issue on the spot or within 5 days a dated Notice for Supplementing Application Documents in relation to Administration Permission affixed with the special seal of the executing bodies, for the purpose of one-off informing the applicants of all items that need to be rectified or supplemented. Where the executing bodies fail to inform the applicants of the same within the above time limit, the applications shall be deemed as accepted as of the date of receipt of the application documents. In the case of incomplete application documents or any document’s inconformity with the prescribed forms, if the applicants fail to make rectification or supplementation after being informed of the same, the applications will not be accepted.
c) For all applications, the executing bodies shall issue a dated Notice of Application Acceptance in relation to Administration Permission or a dated Notice of Application Refusal in relation to Administration Permission affixed with the special seal of the executing bodies. For those refused applications, the executing bodies shall specify the reasons for application refusal in the Notice of Application Refusal in relation to Administration Permission.
Examination and approval:
The executing bodies shall examine the application documents of accepted applications in accordance with relevant provisions and make decisions within 20 days. Under extraordinary circumstances, the period of decision-making may be prolonged for another 10 days, subject to the approval of relevant principals of the executing bodies, and a dated Notice for Prolongation in relation to Administration Permission shall be issued affixed with the special seal of the executing bodies and the applicants shall be notified of the reasons of such prolongation.
Under one of the following conditions, the executing bodies shall not grant approval to the applications:
1) Inauthenticity of the application documents;
2) That the applicants fail to fulfill the conditions for foreign experts;
3) Other circumstances where the executing bodies deem it unsuitable to grant the applicants the Work Permit for Foreign Experts to Work in China.
Upon making positive or negative decisions in respect of the applications, the executing bodies shall issue a dated Notice of Decision in relation to Administration Permission affixed with the special seal of the executing bodies. In the case of negative decisions, the executing bodies shall specify the reasons for such negative decisions on the Notice of Decision in relation to Administration Permission. In the case of positive decisions, the executing bodies shall, within 10 days after making such decisions, issue and serve the Work Permit for Foreign Experts to Work in China prepared and printed by the State Administration of Foreign Experts Affairs. The Work Permit for Foreign Experts to Work in China shall be affixed with the seal of the executing bodies and the signature of the authorized person of the executing bodies.
Miscellaneous:
1) Employment visa (Z visa): foreign experts who intend to work in China must submit the original Work Permit for Aliens, the visa notification issued by the authorized Chinese unit and the valid passport and apply for the employment visa (Z visa) with Chinese embassies. The Chinese embassies will keep back the original Work Permit for Aliens after granting an employment visa (Z visa).
2) Foreign Expert’s License and Residence Permit for Aliens: foreign experts holding an employment visa (Z visa) must, within 15 days after entry into the PRC, shall apply for a Foreign Expert’s License with the authorities that issued the Work Permit for Aliens, and within 30 days after entry into the PRC, shall apply for a Residence Permit for Aliens with the local entry-exit administrations by the employment visa (Z visa) and Foreign Expert’s License.
Work Permit for Aliens
I. Legal basis
1. Annex to the Decision of the State Council in relation to Administrative Permission for Administrative Approval Items That Need to Be Reserved (Order of the State Council No.412, June 29, 2004): Item 93 “Work Permit for Aliens” in the list of administrative approval items that need to be reserved for administrative permission.
2. Article 16 of the Regulations on the Administration of Aliens’ Employment in China (LaoBuFa[1996] No.29, Jan 22, 1996) jointly released by the former Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs and the former Ministry of Foreign Trade and Economy stipulates: “the employing entities shall, within 15 days after the entry into the PRC of the aliens, apply for a Work Permit for Aliens with the original approval authority by submitting the Employment Permit for Aliens, the labor contracts signed with the aliens, the aliens’ valid passports or other valid identity documents in lieu of passport. The Work Permit for Aliens is valid only within the regions prescribed by the approval authority.”
II. Application Conditions
The application for the Work Permit for Aliens shall meet the following conditions:
1) The Employment Permit for Aliens has already been obtained, the aliens were holding employment visas when entering into the PRC and they have also entered into labor contracts or employment contracts with the employing entities;
2) The aliens holding employment visas are invited to work in Sichuan province for Sino-foreign cooperation projects in accordance with relevant agreements or protocols entered into between the Chinese government and foreign governments or international organizations;
3) The aliens holding employment visas serve as chief representatives or representatives of the permanent China representative offices of foreign enterprises.
III. Documents required for Application
1) Employment Permit for Aliens (photocopies to be collected by the authorities);
2) Both English and Chinese versions of the labor contracts signed by the aliens and the employing entities;
3) The valid passport of the aliens (originals to be reviewed and the photocopies of the first page and visa page to be collected by the authorities);
4) The employment registration form for aliens (hardcopies of which are available at the Labor and Social Security Department of Sichuan Administrative Affairs Services Center; and softcopies of which are available from the official websites of both Labor and Social Security Department of Sichuan Province and Sichuan Administrative Affairs Services Center);
5) Two photos of the aliens (size and color of photos?)
In the case that no application for the Employment Permit for Aliens is required, in addition to the relevant documents as listed in above items (2), (3), (4) and (5), a report of application for Work Permit for Aliens, the aliens’ resume, the appointment certification and health certificate of the aliens and the business licenses or other official registration documents of the employing entities are required to be submitted.
IV. Processing procedures
1) The employing entities shall, within 15 days after the entry into the PRC of the aliens with employment visas, submit all the required documents to the Labor and Social Security Department of Sichuan Administrative Affairs Services Center. Applications will be accepted if the application documents are completely submitted with no defects. In the case of incomplete application documents or any document’s inconformity with the prescribed forms, the authorities shall notify the applicants of all items that need to be rectified or supplemented on the spot or within 5 days from the date of application.
2) The Labor and Social Security Department of Sichuan Province will review the submitted application documents. If all the application conditions are fulfilled, a Work Permit for Aliens shall be issued to the applicants.
3) If the application conditions are not met after review of the relevant documents, a Work Permit for Aliens shall not be granted. However, the authorities shall notify the employing entities within the time limit in writing of the reasons, the employing entities’ right to resort to administrative review or legal proceedings and their respective deadlines. In addition, all the application documents submitted shall be returned to the employing entities.
4) If the aliens have already obtained a Work Permit for Aliens, they shall apply for a Residence Permit with competent public security bureaus by presenting the Work Permit for Aliens within 30 days after their entry into the PRC.
5) In the case that the Work Permit for Aliens needs to be renewed upon expiration, the employing entities shall, within 30 days prior to the expiration of the Work Permit for Aliens, apply for renewal with the Labor and Social Security Department of Sichuan Administrative Affairs Services Center by presenting the labor contracts signed or renewed between the employing entities and the aliens and the Review Form for Aliens’ Application for Renewal of Work Permit (hardcopies of which are available from the Labor and Social Security Department of Sichuan Administrative Affairs Services Center; and softcopies of which are available from the official websites of both Labor and Social Security Department of Sichuan Province and Sichuan Administrative Affairs Services Center).
V. Processing time limit
1) Statutory time limit: 20 working days
2) Promised time limit: 5 working days
VI. Legal basis and standards for collection of administrative charges
1) Legal basis: the official document (JiFeiZi [1992] No. 268) jointly issued by the National Administration of Price Control and the Ministry of Finance, the official document (ChuanJiaZiFei [1993] No. 25) jointly issued by Sichuan Administration of Price Control, Sichuan Department of Finance and Sichuan Labor Department, and the official document (ChuanCaiZong [2005] No.11) jointly issued by Sichuan Department of Finance and Sichuan Administration of Price Control.
2) Standards for administrative charges: a charge of RMB 10 yuan for each Work Permit for Aliens, paid directly to the charge collection counter at the Sichuan Administrative Affair Services Center.
VII. Contact information
Inquiry hotlines:
The Labor and Social Security Department of Sichuan Administrative Affairs Services Center: (028) 86934580
The Labor and Social Security Department of Sichuan Province: (028)86113042 86135828
Complaints hotlines:
Sichuan Administrative Affairs Services Center: (028)86936179 86936381
The Labor and Social Security Department of Sichuan Province: (028)86121034 86110521
Official Websites:
Sichuan Administrative Affairs Services Center: www.sczw.gov.cn
Employment Permit for Aliens
I. Legal basis
1. Annex to the Decision of the State Council in relation to Administrative Permission for Administrative Approval Items That Need to Be Reserved (Order of the State Council No.412, June 29, 2004): Item 93 “Work Permit for Aliens” in the list of administrative approval items that need to be reserved for administrative permission.
2. Article 12 of the Regulations on the Administration of Aliens’ Employment in China (LaoBuFa[1996] No.29, Jan 22, 1996) jointly released by the former Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs and the former Ministry of Foreign Trade and Economy stipulates: “upon approval by the competent authorities for the relevant industries, the employing entities shall file an application form for an Employment Permit for Aliens with the relevant labor administrations at the level of provinces, autonomous regions or municipalities under direct leadership of the central government or the labor administrations at the municipal level with delegated authority. The aforesaid labor administrations shall designate special agencies (hereinafter referred to as the “Issuing Authority”) to be specifically in charge of the issuance of the Employment Permit for Aliens. The Issuing Authority shall be responsible for the review of the Employment Permit for Aliens by taking into consideration of the opinions of the competent authorities for the relevant industries as well as the supply and demand of the labor market, and shall finally issue the Employment Permit for Aliens to the employing entities after review and approval.”
II. Application conditions
1) The work positions for which the employing entities intend to recruit aliens require special expertise, no PRC nationals are competent for such positions, and the employment of aliens for such work positions does not violate any relevant state laws and regulations.
2) The aliens to be employed shall fulfill with the following requirements:
a) Being aged 18 or above with sound health conditions;
b) Having the necessary professional skills and relevant work experience in relation to the intended work positions;
c) Having a clean criminal record;
d) Having been recruited by a specific employing entity;
e) Holding a valid passport or other certificates for international traveling in lieu of passport.
III. Documents required for application
1) a report clarifying the reasons for employment of aliens;
2) a letter of intent for employment of aliens;
3) an application form for employment of aliens (hardcopies of which are available from the Labor and Social Security Department of Sichuan Administrative Affairs Services Center; and softcopies of which are available from the official websites of both Labor and Social Security Department of Sichuan Province and Sichuan Administrative Affairs Services Center);
4) the resume of the aliens to be employed;
5) the qualification certificates for the intended work positions of the aliens to be employed (originals to be reviewed and photocopies to be collected);
6) the heath certificate of the aliens to be employed (originals to be reviewed and photocopies to be collected. This certificate may not be submitted in case that the aliens have not yet entered into the PRC, but it shall be submitted when applying for the Work Permit for Aliens);
7) the passport of the aliens to be employed (originals to be reviewed and photocopies of the first page and visa page to be collected. The passport may not be submitted in case that the aliens have not yet entered into the PRC);
8) the approval opinions made by the competent authorities for the relevant industries (except for those employing entities directly controlled by the central government, or those employing entities without competent authorities, or those employing entities which are foreign-invested enterprises);
9) the business licenses or other legal person registration certificates of the employing entities (for those foreign-invested enterprises or other employing entities involving licensed operation, the relevant approval documents or permits are also required) and organizational code certificates (originals to be reviewed and photocopies to be collected).
IV. Processing procedures
1) The employing entities shall submit all the required documents to the Labor and Social Security Department of Sichuan Administrative Affairs Services Center in accordance with the relevant laws and regulations. Applications will be accepted if the application documents are completely submitted with no defects. In the case of incomplete application documents or any document’s inconformity with the prescribed forms, the authorities shall notify the applicants of all items that need to be rectified or supplemented on the spot or within 5 days from the date of application.
2) The Labor and Social Security Department of Sichuan Province will review the application documents submitted by the employing entities. If all the application conditions are fulfilled, the Employment Permit for Aliens shall be issued to the employing entities.
3) If the application conditions are not met after review of the relevant documents, an Employment Permit for Aliens shall not be granted. However, the authorities shall notify the employing entities within the time limit in writing of the reasons, the employing entities’ right to resort to administrative review or legal proceedings and their respective deadlines. In addition, all the application documents submitted shall be returned to the employing entities.
4) The employing entities which are permitted to employ aliens or the relevant aliens to be employed shall apply for an employment visa within the valid term of the Employment Permit for Aliens.
V. Processing time limit
1) Statutory time limit: 20 working days
2) Promised time limit: 15 working days
VI. Legal basis and standards for collection of administrative charges
1) Legal basis: the official document (JiFeiZi [1992] No. 268) jointly issued by National Administration of Price Control and Ministry of Finance, the official document (ChuanJiaZiFei [1993] No. 25) jointly issued by Sichuan Administration of Price Control, Sichuan Department of Finance and Sichuan Labor Department, the official document (ChuanCaiZong [2005] No.11) jointly issued by Sichuan Department of Finance and Sichuan Administration of Price Control.
2) Standards for administrative charges: an administrative charge of RMB 40 yuan for each Employment Permit for Aliens, paid directly to the charge collection counter at the Sichuan Administrative Affair Services Center.
VII. Contact information
Inquiry hotlines:
The Labor and Social Security Department of Sichuan Administrative Affairs Services Center: (028) 86934580
The Labor and Social Security Department of Sichuan Province: (028)86113042 86135828
Complaints hotlines:
Sichuan Administrative Affairs Services Center: (028)86936179 86936381
The Labor and Social Security Department of Sichuan Province: (028)86121034 86110521
Official Websites:
Sichuan Administrative Affairs Services Center: www.sczw.gov.cn
|
| |
|
|
