Notification Of Foreigner’s Work Permit In China

The Notification Of Foreigner’s Work Permit In China issued by the Ministry of Human Resources and Social Security of China and the State Administration of Foreign Experts Affairs is effective since May 1, 2014.

In regard to the amended rules to implement the “PRC Law on Management of Foreigners Working in China” and “Relevant Rules”, which is effective April 15, 2017, the MOJ has revised its Notice (No. 5) regarding Notification of Foreigner’s Work Permit in China (Jifuyou shiwu jumin bumen youguan tongxin), hereinafter referred to as the “Explanation”, which will replace the original version Notification of Foreigner’s Work Permit in China promulgated by the MOJ in 2002.

Be informed on the new law to get a work permit in China after 6th Jan, 2015. With this law all the foreign employees need to meet the requirement of the “personal income tax” based on their salary. Besides if an employer hires a foreigner without a work license then he will be charged 5000-10000 USD fine and 5 years of re-education in prison.

Notification Of Foreigner’s Work Permit In China

Starting on July 1, 2017, foreign workers in China are required to register with the public security bureau within 30 days after entering China. Previously this was only required for foreigners already in China who were seeking employment. There are penalties for not complying with this new requirement – fines from RMB 5000 to RMB 50,000 (USD 750 to USD 7,500) and up to 15 days of detention.a

China Work Visa & Work Permit – Summaryshow

Basic eligibility requirements to obtain a work permit in China

Recently, China has instituted a more open and active embrace of foreign workers, which has led to a substantial increase in work permit applications in the countries. The application process has been streamlined and can mostly be completed online. Employers who are interested in hiring foreigners to work in China must comply with local laws and regulations regarding the hiring of foreign staff, such as having a legal entity of their business in China and the appropriate certifications from local government entities. 

Employees must also meet basic requirements in order to qualify for a work permit in China. While these eligibility criteria may differ depending on the type of permit obtained, general requirements for the employee include:

• Be at least 18 years old and in good health
• No criminal record
• Have a specified employer
• Have the requisite skills and work experience to fill the employer’s vacancy
• Have a valid passport and any other required travel documents

Getting the work permit in China

Application from home country

Before being able to apply for a China Work Visa (“Z-Visa”) at a Chinese embassy abroad, applicants shall first get the Notification Letter for Foreigner’s Work Permit (“Notification Letter”), which is the official Letter from the Chinese authorities stating that an applicant has been approved to work in China.

To be granted the Notification Letter, the employer has to apply first by providing the required documentation to a local Labor Bureau. It took approximately 3-4 weeks to obtain the Notification Letter.

Then, applicants may apply for a Work Visa at the Chinese embassy in their home country.

After getting the Z-Visa, applicants may enter in China. They would have to undertake a medical examination and to register their residence at the local police station. Then, the 2 last steps would be to replace the Z-visa with a working-purpose Residence Permit and to apply for Work Permit.

Application in China

For applicants who are already in China and wishing to get a Work Permit in tier-1 city, it is possible to apply directly for the Work Permit by submitting all the required documentation to the local Labor Bureau. When the Work Permit would be issued, applicants will then have to apply for a working-purpose Residence Permit (in tier-1 cities, it is possible to convert a Tourist Visa, a Business Visa China and a Study Visa into a residence Permit – applicants can hence avoid having to go back to their home countries to apply for a Work Visa and then come back again in China).

Required documents

The exact list of documents to submit to the Chinese authorities depends on each case.

Generally, the following documents are required to be produced:

From the Employee

• Diploma: the original degree has to be submitted along with its authenticated and legalized copy
• Police Clearance Certificate: the original PCC has to be authenticated and legalized
• Work Experience Certificate: justifying at least 24 months of experience
• CV
• Labor Contract
• Medical Report
• Police Registration Form of Residence

From the Employer

• Business License (+ Certificate of Approval if any)
• Passport of the Legal Representative
• Company Stamp

Classification of work permits

Since April 2017, a new Chinese regulation has combined the old Alien Employment Permit and the old Foreign Expert Certificate into one and single work permit: the Foreigner’s Work Permit. The regulation also set up a classification of the work permits in 3 categories: A – B – C, depending on the qualification and the skills of each foreigners working in China:

• A = high-level experts
• B = professional workers
• C = low skilled workers

Since this classification has been set up, Class A and Class B of foreign profiles generally allow them to obtain a Work Permit. Class C refers to very specific low-skilled profiles.

To determine the classification of a Work Permit, there are two methods: be directly qualified or reach enough points on the work permit points table.

Direct qualification

Class A work permits

Application for Class A Work Permit is faster than for Class B and Class C Work Permits. Also, applicants do not need to provide any Diploma or Police Clearance Certificate. Only Class A Work Permit allows foreigners to work if they are over 60 years old.

• High Incoming Earners with a salary of over 50,000 RMB / month + working in Shanghai
• International prize-winner in sciences, architecture, literary, arts, sports, music, industrial design
• Selected profile by the China National Talent Import Plan
• Doctor’s degree or higher from a Chinese University of from one of the World Top 500 Universities

Class B work permits

Most people qualify for Class B Work Permit. Class B Work Permit is limited to profiles between 18 and 60 years old.

• Bachelor degree + 2 years of full-time related work experience after graduation
• “Excellent” graduate with a Master’s degree from a Chinese university of from one of the World Top 100 Universities

Class C work permits

Class C referring to very specific low-skilled profiles, only junior profiles that match a direct qualification can work with a Class C work permit. Class C Work Permit is limited to profiles between 18 and 60 years old.

• Bachelor degree or higher from a university in Shanghai + employed by a company registered in the Shanghai FTZ or Zhangjiang High Tech Park
• Master’s degree or higher from a Chinese university (with a score reaching at least 80/100 or B+/B) + employed by a company registered in Shanghai
• Intern in Shanghai part of the “French Intern 1000 Plan”