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A Guide for Work Permit for Foreigners(Trial)

發布時間:2019年10月14日 15:25

I.  Scope of Application 

This Guide is applicable for the application and processing of work permits for foreigners employed by employing institutions established within the territory of the People's Republic of China in accordance with law. This Guide shall have restrictive effect on both the employers of the foreigners and the foreign employees.

II. Entry Name and Code  

Work Permit for Foreigners in China is an administrative permit authorized by the state council under the entry code of D 50001.  

Work Permit for Foreigners in Shanghai is authorized under the entry code of 310000000-sp-001371.

III.  Basis for Processing 

1、The Administrative Licensing Law of the People's Republic of China.

2、Article 41 under the Law of the People's Republic of China on Entry and Exit Administration has it that: foreigners shall obtain work permits and work class residence permits in accordance with the regulations. No unit or individual may employ foreigners who have not obtained work permits and work class residence permits.

3、Article 7 under the Regulations of the Peoples Republic of China on the Administration of Entry and Exit has it that: application for the R visa should be consistent with the relevant provisions of the Chinese government concerning the conditions and requirements for introducing high-level foreign talents and special professionals in short supply and certifying materials shall be submitted as required. Work permit and other certifying materials should be submitted as required for the application for the Z visa.

Article 16 has it that: Work permit and other certifying materials should be submitted for the application for the work class residence permit; in case of high-level foreign talents or talents in short supply, the relevant certifying materials should be submitted as required.

4、“Reply to the Opinions on Integrating Foreigners Work Permit in China of the State Council Examination and Review Office (S.G.B.H. 2015 No. 95)

IV. Processing facilities   

1. Name of the Acceptance Agencies  

The acceptance agencies shall be responsible for the preliminary review, the reception of application and the issue of the permits.

Serial

Acceptance Site

Agency

Address

1

Shanghai R&D Public Service Platform

 (Shanghai Scientific and Technological Talents Development Center/Shanghai Service Center for Foreigners Working in China)

1st Floor, No. 77, Meiyuan Road, Jing’an District / 3F 1500 Minsheng Road Pudong New Area

2

Changning District

Changning District Bureau of Foreign Experts Affairs

1st Floor, Seat A, No. 999, Jingzhong Road, Changning District

3

Pudong New Area

Zhangjiang Administration Service Center

2nd Floor, Building 3, No. 1158, Zhangdong Road, Pudong New Area

Pudong New Area Administration Service Center

2nd Floor, No. 2, Hehuan Road, Pudong New Area

Lin’gang Talent Innovation and Start-up Center

1st Floor, Main Building, No. 99, Huanhu Si Yi Road, Pudong New Area

International Talent City

2nd Floor, No. 1300, Keyuan Road, Pudong New Area

4

Xuhui District

Xuhui District Administration Service Center

Hall A, Building 1, No. 969, Nanning Road

5

Putuo District

Putuo District Human Resources Service Center

No. 602, Tongpu Road, Shanghai

6

Hongkou District

Hongkou District Human Resources Service Center

1st Floor-A, No. 1230, Zhongshan Yi Road (N), Hongkou District, Shanghai

7

Yangpu District

Yangpu District Employment Promotion Center (Yangpu District Human Resources Service Center)

1st Floor, Seat C-D, No. 605, Songhu Road, Yangpu District

8

Huangpu District

Huangpu District Exit and Entry Permit Center

No. 701, Mengzi Road

9

Jing’an District

Jing’an District Human Resources Service Center

3rd Floor,No.38,Moling Road. Jing'an District Administrative Service Center

10

Baoshan District

Baoshan District Human Resources Service Center

No. 6, Youyi Zhi Road, Baoshan District

11

Minhang Distict

Minhang District Human Resources Service Center

2nd Floor, No. 168, Xintan Road, Minhang District

Minhang District Human Resources Service Center Zizhu Office

Building 1, No. 555, Dongchuan Road, Minhang District

12

Jiading District

Jiading District Human Resources Service Center

No. 88, Funing Lane, Jiading Town, Jianding District

13

Jinshan District

Jinshan District Human Resources Service Center

2nd Floor, No. 603, Mengshan Road (N), Jinshan District

14

Songjiang District

Songjiang District Human Resources Service Center

1st Floor, Building 5, No. 867-871, Ledu Road (W), Songjiang District

15

Qingpu District

Qingpu District Human Resources Service Center

No. 252, Pucang Road, Qingpu District

16

Fengxian District

Fengxian District Human Resources Service Center

2nd Floor, Building B, Lane 1529, Wangyuan Road (S), Nanqiao Town, Fengxian District, Shanghai

17

Chongming District

Chongming District Administration Service Center

1st Floor, No. 1501, Cuizhu Road, Chengqiao Town, Chongming District

18

the Bonded Area Administration Bureau of the Free Trade Zone

The Bonded Area Administration Human Resources Service Platform (Shanghai Free Trade Zone International Human Resources Service Center)

Windows 5 & 6, Administration Hall, Human Resources Building, No. 55, Feila Road, Pudong New Area

Free Trade Zone Entry-Exit Permit Center

Window 8, Adminitration Hall, No. 38, Rijing Road, Pudong New Area

19

Hongqiao Business Area

Hongqiao Business Area Business Service Center

1st Floor, No. 33, Shenhong Road, Minhang District, Shanghi

2. Licensing authority 

Shanghai Bureau of Foreign Experts Affairs and the authorized district   departments for the administration of foreign experts affairs

3.Content of Approving 

Foreigners who are legally employed in Shanghai shall be examined and approved by the approval authority and then issued the Work Permit for Foreigners

4. Legal Effect  

Foreigners not legally issued the Work Permit for Foreigners shall not be employed inside the territory of China.

5.  Subject of Approving 

Employers and foreigners

V.  Requirements for Approval 

A. Requirements for employers  

1. The employer should be established by law with actual business premises, paying tax and social insurances by law and has no record of serious violation of law or credit; the corresponding posts for foreigners should be legal posts of special needs and the appropriate candidates are in short supply domestically; the salary or remuneration paid to the foreign candidates should not be lower than the local minimum salary.

2. Application in need of preliminary review by the industrial administration authority by law shall be ratified and approved as required.

B. Basic Requirements for Applicants  

1. The applicant should reach the age of 18 in good health status and have no criminal record and a specific employer in China; the applicant should have knowledge or skill commensurate with the target post.

2. The corresponding post should satisfy the economic and social development of China and the candidate should be a professional talent much needed in China.

3. In case the laws and regulations have special provisions for the employment of foreigners in China, the said provisions shall prevail.

C. High-end Foreign Talents (Category A)  

High-end foreign talents refer to scientists, leading science and technology talents, international entrepreneurs, special talents and other high-grade, professionalized and much-needed foreign talents who meet the market demand and the criteria for achievement classification in the points-based system. High-end foreign talents shall be exempted from the restrictions on age, education background and work qualification (for details please refer to the trial Classification Criteria for Foreigners Employed in China).

D. Foreign Professional Talents (Category B)  

Foreign professional talents refer to foreigners much needed for the social and economic development of China at the posts listed in the Guide Catalogue for Foreigners Employed in China who are under the age of 60 and hold a Bachelors (or higher) degree and a minimum work qualification of two years. Foreign talents who satisfy the criteria of the points-based system for innovative and entrepreneurial talents and specialized professionals and foreign talents who come to work in China to implement intergovernmental agreements may be appropriately exempted from the restrictions on age, education or work qualification (for details please refer to the trial Classification Criteria for Foreigners Employed in China). In case of provisions elsewhere specified by the state for some specialized personnel and government projects, the said provisions shall prevail.

E. Miscellaneous (Category C) 

Miscellaneous foreigners refer to foreigners who satisfy the labor demand of the domestic market and satisfy the requirements of the state policies experience (for details please refer to the trial Classification Criteria for Foreigners Employed in China).

F. Approvable Cases  

1. Within the authorized scope of the administration authority

2. Fulfilling the above-listed requirements

3. Holding authentic, complete and satisfactory application materials

G. Non-approvable Cases 

1. Incomplete application materials  

2. Unsatisfactory application materials

3. Inauthentic application materials  

4. Applicants not fulfilling the requirements for working in China

5. Other cases inappropriate for issuing the work permit

VI. Maximum of Licensing 

There is no maximum set for the approval of Category A high-end foreign talents; the approval of Category B foreign professionals shall be subject to the market demand; the maximum for the approval of Category C shall be subject to the relevant state regulations. The specific limit of approval can be checked through the foreigners employed in China management service system.

VII. Application Materials 

A. Required Format  

All the original documents and the corresponding Chinese translation parts must be electronically uploaded to the management service system. Chinese translation is required for non-Chinese certifying documents and shall be stamped with the official seal of the employer (except for passports or international travel documents). All written documents must be printed or photocopied on A4 size paper.

B. List of Materials for Application for Administrative Approval  

1. The online registration account of the employer or the authorized service agency

Serial

Required Documents

Original/

Photocopy

Amount

Paper/

Electronic

Requirement

Remark

1

Registration Information List of the Employer

Original

1

Paper/

Electronic

Official Seal

Authorized Use of Official Seal should be filed for the use of the official seal by the foreign affairs

2

Legal Certificate of Registration

Original/

Photocopy

1

Paper/

Electronic

Business license; private non-enterprise registration certificate; organization code certificate; social insurance registration certificate; foreign enterprise resident representative registration certificate or foreign non-governmental organization representative registration certificate; social unified credit Code certificate (if granted a social unified credit code)

 

3

Identity document of the department chief or handler

Original/

Photocopy

1

Paper/

Electronic

 

The department chief or handler should be an employee of the employer or the authorized agency

4

Industrial licensing certificate

Original/

Photocopy

1

Paper/

Electronic

The approval by the industrial administration should be submitted in case of need of preliminary approval by the industrial administration

 

5

Approval by the competent department

Original/

Photocopy

1

Paper/

Electronic

Approval on investment by overseas Chinese from Taiwan, Hong Kong and Macao; Reply to the application by new hi-tech business and regional headquarters in Shanghai of the multinational company, etc.

 

6

Other materials

Original/

Photocopy

1

Paper/

Electronic

 

 

 

Remarks:

  1. The materials submitted by the employer for the change in the registration information shall be affixed with the authorized official stamp of the foreign affairs of the employer.
  2.  The approval letter, the business license, the registration certificate of a private non-enterprise unit, the social unified credit code certificate, organization code certificate or other documents of legal registration should be submitted for the change in the business site, the business type and other changes.
  3.  In case the applicant changes to the legal representative or the chief representative, the applicant should submit the changed business license, the private non-enterprise unit registration certificate, the organization code certificate, the social insurance registration certificate or foreign enterprises permanent representative office registration certificate and representative certificate.
  4. The approval by the competent department includes the relevant certificates and documents submitted by multinational companies, the regional headquarters in China of multinational companies (recognized by the commercial department of the state), business groups (both the parent company and the branches) (registration certificate of the business group), the central enterprises and their secondary companies, national new hi-tech enterprise (recognized by the sci-tech department), the enterprise engineering research center (recognized by the development and reform departments),  engineering labs (recognized by national development and reform departments), engineering technology research center (recognized by the sci-tech departments), business technology center (recognized by the economic and information departments) and local technical innovation service platform (recognized by the sci-tech departments)
  5. The acceptance agencies or the approving facilities may ask the employers to submit other materials in line with the basic requirements for employers.
  6. The employer, after submitting and uploading online the original documents required, shall go to the accepting window for real-name registration with the original registration information and the photocopies of all the other documents required.

 

B. Application for Work Permit for Foreigners (working in China for a term of more than 90 days, not including 90 days)

1. Applying for the Peoples Republic of China Notice of Work Permit for Foreigners 

 

 

Serial

Required Documents

Original/

Photocopy

Amount

Paper/

Electronic

Requirement

Remark

1

Work Permit for Foreigners application form

Original/

Photocopy

1

Paper/

Electronic

Fill in the form online and then print it. The completed form (with the stamp of the employer or the authorized department stamp) should be uploaded to the system.

The official stamp of the employer includes the official name stamp and the authorized stamp of the foreign affairs department or the human resources stamp (the authorization already filed)

2

Work qualification certificate

Original/

Photocopy

1

Paper/

Electronic

Work qualification (related to the present post) certification issued by the former employer, covering the post, the term of the post and the projects done on the post. The certification should bear the official seal of the former employer or the signature by the person-in-charge and the valid telephone number or email account of the certifier.

Commitment system may apply in the following situations: satisfying the criteria for high-end foreign talents (selected for the domestic talent projects or satisfying the criteria for internationally recognized professional achievements); in other cases, a work qualification certificate is compulsory. In case the applicant has award (s) well known in the industry, the applicant may submit the corresponding certificates.

3

Degree (education background) certificate or the relevant approval document, vocational qualification certificate

Original/

Photocopy

1

Paper/

Electronic

The degree certificate obtained overseas embassy or consulate of China or the embassy (or consulate) of the relevant country in China, or the education certification agency of China;  

the degree certificate obtained in Hong Kong, Macao and Taiwan should be certified by the education certification agency or notarized by the local notary public office.  

In case the applicant obtained the degree in China, the original certificate should be submitted.  

In case of the preliminary review by the industrial administration or the access qualification demanded by law, the corresponding approval document or qualification certificate should be submitted.

The commitment system applies in the cases where the applicant satisfy the criteria for high-end foreign talents (1. Selected for the talent projects in China; 2. Satisfying the criteria for internationally recognized achievement; 3. Meeting the demand of the government-encouraged posts; 4. Innovative and entrepreneurial talents).  

The foreign vocational qualification certificate should be certified by the overseas embassy or consulate of China or the notarization of the original certificate by the embassy or consulate in China of the country where the qualification certificate is obtained.

The vocational qualification certificate obtained in Hong Kong, Macao and Taiwan should be notarized by the local notary public office.

4

Certificate of no criminal record

Original/

Photocopy

1

Paper/

Electronic

The certificate should be issued by the police, the security department, or the court of the nationality state or the place of habitual residence and accredited by the overseas embassy or consulate of China or the foreign embassy or consulate in China.

The certificate of no criminal record issued in Hong Kong, Macao and Taiwan should be notarized by the local notary public office.

The place of habitual residence refers to the place (not on the territory of China) where the applicant lives most recently for at least one consecutive year after the applicant left his/her native country.

The certificate of no criminal record should be issued within 6 months.

The commitment system applies to high-end foreign talents (Category A).

A personal oath of no criminal record shall not be accepted.

Non-oath certificate of criminal record issued to diplomatic agencies (including the foreign embassy and consulate in China) may be directly accepted without accreditation.

5

Certificate of health examination

Original/

Photocopy

1

Paper/

Electronic

The verification certificate of foreigners physical examination record or physical examination certificate issued by the Chinese inspection and quarantine institutions within 6 months

The commitment system applies before entry. After entry, it is compulsory to submit the verification certificate of foreigners physical examination record or physical examination certificate issued by the Chinese inspection and quarantine institutions.

6

Employment contract or employment certification

Original/

Photocopy

1

Paper/

Electronic

The applicant should submit a contract in Chinese signed by the applicant and affixed with the official seal of the employer. No alteration is permitted. If the employer is recognized by the competent department as a model of integrity and an employer without bad credit record for three consecutive years, a post certification may substitute the employment contract in case the latter is unavailable before the applicant enters the territory of China. The employment contract may be submitted when the applicant applies for the “Work Permit for Foreigners” on condition that the major content of the contract shall be consistent with the post certification. In case of any inconsistence (except for the rise in the salary or post), the applicant should apply for another work permit.

 

The employment contract or certification (including the multinational company dispatch letter) shall include the workplace, the contents of the work, the remuneration, the work period in China, the position, the page of seal (or signature) and other essential points. The post certification applies to those who come to China to implement intergovernmental or international agreements, the chief representatives and representatives of various representative offices in China and overseas contract service providers.

The dispatch letter applies to senior management personnel and professional and technical personnel from the overseas headquarters or regional headquarters to dispatch managers from the overseas to the domestic subsidiaries or branches, and shall be issued by the multinational headquarters or regional headquarters.

In case any essential content is missed in the post certification (including the dispatch letter), a separate certification shall be provided.

In case of the dispatch of senior managers or and technical professionals by the Chinese headquarters of multinational companies to work at the subsidiaries or branch offices inside China, it’s necessary to submit both the dispatch letter and the employment contract signed with the Chinese headquarters of multinational companies.

7

Passport or international travel document of the applicant

Original/

Photocopy

1

Paper/

Electronic

The information page on the passport or the international travel document

Passport with a validity term longer than 6 months

8

the applicant’s full-face bareheaded photo taken within 6 months

Original/

Photocopy

1

Paper/

Electronic

Recent bareheaded electronic photo, white background, no border, facial features complete, clear image with no spots, flaws or ink defects

Hat or scarf and other accessories not recommended.  In case of necessity for religious reasons, ensure that the applicant's entire face is not blocked.

9

The certifying materials for the accompanying family

Original/

Photocopy

1

Paper/

Electronic

Including the information page on the passport (or international travel document), proof of family relationship (spouse: marriage certificate; children: birth certificate or adoption certificate; parents or parents-in-law: the birth certificate, the marriage certificate or notarized certificates of the applicant), medical report (family over 18 years of age) and electronic photos

Including the spouse, children under 18, parents and parents-in-law

10

Other documents

 

 

 

 

 

 

Remarks:

  1. The high-end foreign talents should provide the relevant certifying materials as required in the criteria for foreigners employed in China; the applicant should affix his/her signature on the application form stamped with the official seal of the employer; the licensing authority may supplement survey as the case may be.
  2. Foreigners satisfying the criteria for high-end talents through the points-based system should provide the corresponding highest degree (education background) certificate, the vocational qualification certificate, the certification of Mandarin proficiency (HSK certificate), certification of annual salary in China, work qualification certification and other necessary documents.
  3. When the application concerns salary, the applicant should submit a letter of undertaking of the employer (affixed with the official seal) (specifying the annual salary of the applicant, the annual tax payment in Shanghai and other relevant matters); the receiving agency or the licensing authority may request the employer to provide the official tax bill of the year for the application for permit extension.
  4. If the applicant has applied for the “Work Permit for Foreigners through the administration system and has uploaded online the highest degree (education background) certificate and work qualification certificate, there is no need to submit again the degree (or education background) certificate for the new application and the work qualification certificate may also be omitted in case the post under the new application is the same as the one approved in the former work permit.
  5.  If the post (vocation) under the application is not the same as the one approved in the former work permit, the applicant needs to provide work qualification certificate. If the post under application requires by the laws and regulations of China the preliminary review and approval by the industrial administration authority or specific market access qualification in China, the applicant needs to provide the document of approval by the industrial administration authority or vocational qualification certificate.
  6. In case of the change in the nationality, application should be made for a new work permit.
  7. If the application is submitted inside China, the applicant needs to provide the certificate of verifying the overseas physical examination record or the certificate of health examination issued by the inspection and quarantine institution inside China. The original documents are required for verification.
  8. When the receiving agency or the licensing authority regards the corresponding translation unfaithful to the original documents, request may be made for the resubmission of the documents.
  9. Please refer to the “China Consular Service Network” (http://www.cs.mfa.gov.cn) for the regulation concerning the accreditation of the documents, or contact the corresponding Chinese embassy or consulate.
  10.  An overseas contract service provider means an employee of an overseas enterprise who has no commercial presence (ie, legal entity) but has been engaged in substantial commercial activities outside China to provide temporary service for the purpose of fulfilling the service contract obtained by the employer from China with the remuneration paid by the overseas employer. The service provider should have the academic and professional 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. When applying for the work permit, in addition to submitting all the above-mentioned materials, the overseas contract provider shall submit the service contract obtained within the territory of China (which shall include the main body of the contract, the place of work, the contents of the contract service, the position of the applicant and the contents of the work, the work duration and the signature page).

 

2. Applying for the Work Permit for Foreigners with the Notice of Work Permit for Foreigners 

 

 

Serial

Required Documents

Original/

Photocopy

Amount

Paper/

Electronic

Requirement

Remark

1

Z visa or R Visa or valid residence permit for the applicant

Original

1

Paper/

Electronic

The visa page, the entry permit page or the residence permit page on the passport (or international travel document)

The passport, except for the accidental occasions like being lost, should be identical to the one held when the applicant applies for “the Notice of Work Permit for Foreigners”.

2

Employment contract

Original

1

Paper/

Electronic

Contract in Chinese covering the essential information such as the place of work, the contents of work, the remuneration, the duration of work in China, the position and the seal or signature page, etc.

Compulsory if the applicant fails to submit one when applying for “the Notice of Work Permit or Foreigners”.

3

Physical examination certificate

Original

1

Paper/

Electronic

The certificate of verifying the overseas physical examination record or the certificate of health examination issued within 6 months by Chinese inspection and quarantine institutions

Compulsory if the applicant fails to provide one when applying for “the Notice of Work Permit for Foreigners”

4

Visa or valid residence permit of the accompanying family

Original

1

Paper/

Electronic

The information page on the passport (or international travel document), entry permit page on the visa or the residence permit page

 

Remarks:

  1. The applicant needs to supplement the information in “the Application Form for Work Permit” concerning the application for the “Work Permit for Foreigners.
  2. The original certificates and documents should be submitted for examination and verification when applying for the “Work Permit for Foreigners if they are omitted when the applicant applies for “the Notice”. No paper documents are requested for the certifying documents under the commitment system (except the commitment of physical examination).

  

3、Direct application for the Work Permit for Foreigners 

The applicant may apply directly for the work permit within the territory of China in case he/she falls within any of the following conditions.

  1. High-end foreign talents (Category A) who has already been in China with other visas or valid residence permit;
  2. Foreigners working in China change the employer, but the position (occupation) has not changed, and the work class residence permit is within the validity term;
  3. A foreign spouse or child of a Chinese citizen or a spouse or child of a foreigner who has permanent residence or work in China; holding a valid visa or a residence permit within the validity term;
  4. Satisfying the relevant preferential policies of the free trade zone and the comprehensive innovation reform pilot area;
  5. The employer is qualified for the relevant preferential policies of the Chinese regional headquarters of multinational companies;
  6. The flow of personnel within the enterprise group;
  7. Fulfilling intergovernmental agreements or treaties;
  8. Representatives of foreign institutions in China who have entered China by law with the work permit;
  9. Those who have obtained work permit for foreigners for a validity period of 90 days and are employed by law by employers within the territory of China during the valid residence period;
  10. Other occasions the licensing authority hold as satisfying the relevant requirements

Serial

Required Documents

Original/

Photocopy

Amount

Paper/

Electronic

Requirement

Remark

1

Work Permit for Foreigners application form

Original

1

Paper/

Electronic

Fill in the form online and then print it. The completed form (with the stamp of the employer or the authorized department stamp) should be uploaded to the system.

The official stamp of the employer includes the official name stamp and the authorized stamp of the foreign affairs department (the authorization already filed)

2

Work qualification certificate

Original

1

Paper/

Electronic

Work qualification (related to the present post) certification issued by the former employer, covering the post, the term of the post and the projects done on the post. The certification should bear the official seal of the former employer or the signature by the person-in-charge and the valid telephone number or email account of the certifier.

Commitment system may apply in the following situations: satisfying the criteria for high-end foreign talents (selected for the domestic talent projects or satisfying the criteria for internationally recognized professional achievements); in other cases, a work qualification certificate is compulsory. In case the applicant has award (s) well known in the industry, the applicant may submit the corresponding certificates.

3

The Highest Degree (education background) Certificate or the relevant approval document, vocational qualification certificate

Original

1

Paper/

Electronic

The degree certificate obtained overseas embassy or consulate of China or the embassy (or consulate) of the relevant country in China, or the education certification agency of China;  

the degree certificate obtained in Hong Kong, Macao and Taiwan should be certified by the education certification agency or notarized by the local notary public office.  

In case the applicant obtained the degree in China, the original certificate should be submitted.  

In case of the preliminary review by the industrial administration or the access qualification demanded by law, the corresponding approval document or qualification certificate should be submitted.

The commitment system applies in the cases where the applicant satisfy the criteria for high-end foreign talents (1. Selected for the talent projects in China; 2. Satisfying the criteria for internationally recognized achievement; 3. Meeting the demand of the government-encouraged posts; 4. Innovative and entrepreneurial talents).

The foreign vocational qualification certificate should be certified by the overseas embassy or consulate of China or the notarization of the original certificate by the embassy or consulate in China of the country where the qualification certificate is obtained.

The vocational qualification certificate obtained in Hong Kong, Macao and Taiwan should be notarized by the local notary public office.

4

Certificate of no criminal record

Original

1

Paper/

Electronic

The certificate should be issued by the police, the security department, or the court of the nationality state or the place of habitual residence and accredited by the overseas embassy or consulate of China or the foreign embassy or consulate in China.

The certificate of no criminal record issued in Hong Kong, Macao and Taiwan should be notarized by the local notary public office.

The place of habitual residence refers to the place (not on the territory of China) where the applicant lives most recently for at least one consecutive year after the applicant left his/her native country.

The certificate of no criminal record should be issued within 6 months.

The commitment system applies to high-end foreign talents (Category A).

A personal oath of no criminal record shall not be accepted.

Non-oath certificate of criminal record issued to diplomatic agencies (including the foreign embassy and consulate in China) may be directly accepted without accreditation.

5

Certificate of health examination

Original

1

Paper/

Electronic

The verification certificate of foreigners physical examination record or physical examination certificate issued by the Chinese inspection and quarantine institutions within 6 months

The commitment system applies before entry. After entry, it is compulsory to submit the verification certificate of foreigners physical examination record or physical examination certificate issued by the Chinese inspection and quarantine institutions.

6

Employment contract or employment certification

Original

1

Paper/

Electronic

The applicant should submit a contract in Chinese signed by the applicant and affixed with the official seal of the employer. No alteration is permitted.

The employment contract or certification (including the multinational company dispatch letter) shall include the workplace, the contents of the work, the remuneration, the work period in China, the position, the page of seal (or signature) and other essential points. The post certification applies to those who come to China to implement intergovernmental or international agreements, the chief representatives and representatives of various representative offices in China and overseas contract service providers.

The dispatch letter applies to senior management personnel and professional and technical personnel from the overseas headquarters or regional headquarters to dispatch managers from the overseas to the domestic subsidiaries or branches, and shall be issued by the multinational headquarters or regional headquarters.

In case any essential content is omitted in the post certification (including the dispatch letter), a separate certification shall be provided.

 

In case of the dispatch of senior managers or and technical professionals by the Chinese headquarters of multinational companies to work at the subsidiaries or branch offices inside China, it’s necessary to submit both the dispatch letter and the employment contract signed with the Chinese headquarters of multinational companies.

7

Passport, international travel document, visa or valid residence permit of the applicant

Original

1

Paper/

Electronic

The information page on the passport or the international travel document, the valid visa and the recent entry page (or the valid residence permit page)

Passport with a validity term longer than 6 months

8

The applicant’s full-face bareheaded photo taken within 6 months

Original

1

Paper/

Electronic

Recent bareheaded electronic photo, white background, no border, facial features complete, clear image with no spots, flaws or ink defects

Hat, scarf and other accessories not recommended.  In case of necessity for religious reasons, ensure that the applicant's entire face is not blocked.

9

The certifying materials of the accompanying family

Original

1

Paper/

Electronic

Including the information page on the passport (or international travel document), proof of family relationship (spouse: marriage certificate; children: birth certificate or adoption certificate; parents or parents-in-law: the birth certificate, the marriage certificate or notarized certificates of the applicant), medical report (family over 18 years of age) and electronic photos; the valid visa and the recent entry page (or the valid residence permit page)

Including the spouse, the children under 18, the parents and the parents-in-law

10

Other documents

 

 

 

 

 

 

Remarks:

  1. The high-end foreign talents should provide the relevant certifying materials as required in the criteria for foreigners employed in China; the applicant should affix his/her signature on the application form stamped with the official seal of the employer; the licensing authority may supplement survey as the case may be.
  2. Foreigners satisfying the criteria for high-end talents through the points-based system should provide the corresponding highest degree (education background) certificate, the vocational qualification certificate, the certification of Mandarin proficiency (HSK certificate), certification of annual salary in China, work qualification certification and other necessary documents.
  3. If the applicant has applied for the “Work Permit for Foreigners through the administration system and has uploaded online the highest degree (education background) certificate and work qualification certificate, there is no need to submit again the degree (or education background) certificate for the new application and the work qualification certificate may also be omitted in case the post under the new application is the same as the one approved in the former work permit.
  4. If the post (vocation) under the application is not the same as the one approved in the former work permit, the applicant needs to provide work qualification certificate. If the post under application requires by the laws and regulations of China the preliminary review and approval by the industrial administration authority or specific market access qualification in China, the applicant needs to provide the document of approval by the industrial administration authority or vocational qualification certificate.
  5. When the receiving agency or the licensing authority regards the corresponding translation unfaithful to the original documents, request may be made for the resubmission of the documents.
  6. Those who are not eligible for the “Work Permit for Foreigners but have already entered China will be required to apply for the "Notice of Work Permit for Foreigners".
  7. When foreigners working in China apply for a change in the employer, they need to cancel the present work permit first.
  8. The staff flow inside the regional headquarters in China and the enterprise group of multinational companies refers to the flow of the managers and other senior management personnel and technical professionals employed by the regional headquarters or the enterprise group to the same position (including the appointment to a new post or the promotion from a technical post to an administrative post) between the regional headquarters and the wholly-owned or joint venture branches or subsidiaries or between the parent company and its subsidiaries or between the subsidiaries. The applicant should submit an application for a new work permit within 30 days from the cancellation of the former work permit. The applicant should submit the application form, the employment contract (or the dispatch letter), the valid permit residence, the information page of the passport and the cancellation certification. In case of change in the position, it is necessary to supplement a certification of work qualification.

4. Applying for an extension of the Work Permit for Foreigners 

When the employer continues its employment of the applicant on the same position (vocation), the employer should submit an application to to the licensing authority within 30 days from the expiration of the work permit of the applicant.

Serial

Required Documents

Original/

Photocopy

Amount

Paper/

Electronic

Requirement

Remark

1

Application form for extending the Work Permit for Foreigners

Original

1

Paper/

Electronic

Fill in the form online and print it and then upload it (with the applicant’s signature and the official seal of the employer) online to the system.

 

2

Employment contract or employment certification

Original

1

Paper/

Electronic

A Contract in Chinese is required with the signature of the applicant and the official seal of the employ. No alteration.

 

3

Passport, visa or valid residence permit

Original

1

Paper/

Electronic

The information page, the visa page, the entry stamp page or the residence permit page on the passport or the international travel document

 

4

The Work Permit for Foreigners

Original

1

 

The Permit

 

 

5

Others

 

 

 

 

 

 

Remarks:

  1. The administrative approval document should be provided if the application needs the preliminary review and approval of the administration of the industry as regulated in the laws and statutes of China.
  2. A certification of position change should be submitted for the extension application if the applicant is employed to a new position (or vocation) or promoted from a technical position to an administrative one with the same employer.
  3. When the applicant is employed to a new position (or vocation), the applicant should apply for a new Work Permit for Foreigners.
  4. When high-end foreign talents (Category A) apply for an extension, they need to submit the relevant certificates.

5. Application for Information Change in the Work Permit for Foreigners

Serial

Required Documents

Original/

Photocopy

Amount

Paper/

Electronic

Requirement

Remark

1

Application form for change in the Work Permit for Foreigners

Original

1

 

Electronic

Fill in the form online and print it and then upload it (bearing the applicant’s signature the official seal of the employer) online to the system.

 

2

Relevant certificates

Original

1

 

Electronic

For detail refer to the remarks

 

3

Other documents

 

 

 

 

 

 

Remarks:

  1. The administrative approval document should be provided if the application needs the preliminary review and approval of the administration of the industry as regulated in the laws and statutes of China.
  2. A certification of position change should be submitted for the extension application if the applicant is employed to a new position (or vocation) or promoted from a technical position to an administrative one with the same employer.
  3. When the applicant is employed to a new position (or vocation), the applicant should apply for a new Work Permit for Foreigners.
  4. When high-end foreign talents (Category A) apply for an extension, they need to submit the relevant certificates.

6. Applying for the reissue of the Work Permit for Foreigners 

If the applicant applies for a reissue of the Work Permit for Foreigners, the applicant shall file a statement of loss on the foreigners work management service system from the date of loss of the document or the date of the discovery, and apply to the licensing authority for reissue. If the former permit is damaged, the applicant shall carry the original document for the application.

Serial

Required Documents

Original/

Photocopy

Amount

Paper/

Electronic

Requirement

Remark

1

Application form for the reissue of the work permit

Original

1

 

Electronic

Fill in the form online and print it and then upload it (bearing the applicant’s signature the official seal of the employer) online to the system.

 

2

A specification of the loss or damage of the work permit

Original

1

 

Electronic

 

 

3

Other documents

 

 

 

A screen shot of the statement of loss of the work permit filed on the system

 

7、Applying for the cancellation of the Work Permit for Foreigners 

If the work permit is not renewed upon its expiration, it shall be cancelled automatically; if the permit is canceled or withdrawn and the license revoked by law, it shall be canceled by the licensing authority. Where the applicant dies or loses his capacity or terminates the contract and the employment in advance, the employer shall, within 10 working days from the date of occurrence of the matter, apply to the licensing authority for cancellation. If the employer is terminated, the applicant may apply to the licensing authority for cancellation of the work permit.

 

 

Serial

Required Documents

Original/

Photocopy

Amount

Paper/

Electronic

Requirement

Remark

1

Application form for the cancellation of the work permit

Original

1

 

Paper/

Electronic

Fill in the form online and print it and then upload it (bearing the applicant’s signature the official seal of the employer) online to the system.

 

2

Certification of the termination of the contract or employment or other reasons for cancellation

Photocopy/

Original

1

 

Paper/

Electronic

Signature needed for the termination of the employment or the contract

When the applicant leaves the post without approval and the employer has no access to the applicant, the employer shall supplement a separate specification on cancellation

3

Other documents

 

 

 

 

 

 

Remarks:

  1. When the employer is terminated by law, the application form for cancelling the work permit may be submitted without the official seal of the employer but with a specification on the fact that the employer fails to apply for cancellation because of termination by law and a personal specification on cancellation and the work permit.
  2. When the work permit is cancelled automatically, the licensing authority may issue a certificate of cancellation upon application.

C. Submitting the documents required  

The employer shall, by itself or through an entrusted special service agency, submit the written materials to the receiving agency after the information reported online satisfies the preliminary review and approval of the receiving agency. In case authorizing a special service agency, each document the agency submits for handling the application, the extension, the change, the cancellation and the reissue of the work permit should be authorized by the employer in a certificate of entrustment which clarifies the entrusted unit, the legal proxy, and the scope of entrustment, as well as the information concerning the identity card number and contact telephone number of the legal proxy. High-end foreign talents (Category A) may submit online the corresponding electronic materials instead of submitting the paper materials.

VIII. The Limit for Examination and Approval  

The licensing authority shall make a corresponding decision within 20 working days concerning the application for the Work Permit for Foreigners (for a term longer than 90 days) and inform the employer; in special circumstances the decision may be extended for 10 working days. In case of special circumstances to extend the time limit, the licensing authority should inform the employer about the reasons for extension.  The time it takes for materials verification after the applicant obtains "the Notice of the Work Permit for Foreigners" and submits materials for the Work Permit for Foreigners shall not be included in the time limit for approval of the work permit.

IX. Credentials to Be Licensed  

the Notice of Work Permit for Foreigners  

the Work Permit for Foreigner

X. Charge Basis and Standard  

None

XI. Rights and Obligations of the Applicant 

  1. The applicant shall enjoy rights as follows by law:
  2. The right to submit an application;
  3. The right to inquire about the progress of the application;
  4. The right to be informed when the application is not accepted or approved
  1. The application shall fulfill the obligations as follows:
  2. To ensure the completeness, authenticity and validity of the materials submitted;
  3. To cooperate with the interviews, telephone inquiries, field survey and other measures of the licensing authority to verify the authenticity of the application materials;
  4. Not to transfer the Work Permit for Foreigners obtained by law and to work as licensed

XII. Acceptance of Application 

A、Means of Acceptance 

1、Acceptance through the window  

Site of Acceptance: please refer to the table of receiving agencies and addresses

2、Acceptance online  

Log on to the web of the State Administration of Foreign Experts Affairs the Foreigners Employed in China Management Service System at  http://www.safea.gov.cn 

B、Time of Acceptance 

Please refer to the publicized work hours of the receiving agencies

XIII. Consultation Service 

A、Consulting at the window  

The windows for acceptance designated by Shanghai Service Center for Foreigners Working in China and the relevant district administration of Shanghai Service Center for Foreigners Working in China

B、Consulting at telephone  

8008205114(telephone) ; 4008205114(mobilephone)

C、Consulting online  

http://www.9470776.buzz/

D、Consulting via E-mail  

Callcenter@sgst.cn

E、Consulting by correspondence  

Agency Name: Shanghai Bureau of Foreign Experts Affairs  

Correspondence Address: No. 200 People's Ave

Zip Code: 200003

XIV. Complaining Channels 

A、Complaining at telephone  

12333

A、Complaining online  

http://www.9470776.buzz/

C、Complaining via E-mail  

Callcenter@sgst.cn

XV. Basic Process of Application 

A.The application for the Notice of Work Permit for Foreigners in the Peoples Republic of China, the Work Permit for Foreigners (after processing with the Notice of Work Permit), the direct application for the Work Permit for Foreigners, the renewal of the work permit as well as the cancellation of the work permit shall be processed as follows.

  1. Applying online. The employer logins on to the system, submits application information online, provides relevant electronic materials, and goes to the scene for real-name registration. If the application is entrusted to the specialized service agency to handle on site, it's necessary to register online the name, the legal registration certificate (business license or organization code certificate, social insurance registration certificate or foreign enterprise resident representative registration certificate, etc.) of the entrusted specialized service agency, the name, identity documents, telephone number and other necessary information of the manager. The employer and the entrusted agency should visit the site together for real-name registration.
  2. Preliminary review online. The receiving agency shall conduct pre-examination of the materials submitted online within 5 working days from the date of submission (the submission date not counted in). The applicant shall apply for the "Work Permit for Foreigners" within 15 days after entry. In case of incomplete materials or unstandardized contents, the receiving body should inform the applicant online at one time about the materials to be corrected and supplemented. In case of complete materials and standard contents, the receiving agency should issue an online notice or appointment for on-site materials submission.
  3. Acceptance. The receiving agency shall made decision over the acceptance after review. Where the application matter falls within the scope of the functions and powers of the administration and the application materials are complete and satisfactory, the application shall be accepted on the spot, and the receiving agency shall issue a "Foreigners Work Permit Acceptance Form" with the special seal and date specified by the administrative organ; Where the application materials are incomplete or unsatisfactory, the administration shall inform the applicant on the spot about the materials to be corrected and supplemented and the application shall be accepted after the applicant makes corrections. In case the application does not belong to the terms of reference of the administration, the receiving agency shall explain the reason and basis for the inadmissibility. Foreigners within the territory of China are required to provide the original copies of the materials uploaded online for verification.
  4. Review. After verifying the materials submitted, the receiving agency shall have a review and make a licensing decision within a fixed term.
  5. Approval. The licensing authority shall grant administrative licensing to the satisfactory and standardized application and the "Notice of Work Permit for Foreigners" shall be generated online and the "Work Permit for Foreigners" shall be granted and served within 10 days from the date of the licensing. Reasons shall be specified on the unsatisfactory or unstandardized application.

 

The licensing authority may simplify the procedure to skip the verification of the paper materials for the renewal application based on the credit record of the employer and the applicant.  

 

B. When foreigners apply for the work permit within the territory of China, the licensing authority shall grant the administrative licensing and the Notice of Work Permit for Foreigners shall not be generated online.  

 

C. The application for the alteration and the reissue of the "Work Permit for Foreigners" shall be processed according to the above clause A; the decision of acceptance and the grant of licensing both use electronic receipts and the applicant has no need to provide paper materials for verification; the applicant shall go to the licensing authority with the "Work Permit for Foreigners" to handle the alteration or the reissue of the permit.

 

D. High-end foreign talents (Category A) who apply for the Notice of Work Permit for Foreigners outside the territory of China or apply for the renewal of the work permit may be granted the following convenient measures:

  1. The application satisfying the pre-examination online shall be accepted directly within an electronic receipt of acceptance. The applicant has not need to provide paper materials for verification before the entry into China.
  2. The high-end foreign talents selected for domestic talent programs may go through the whole process online without the need to submit paper materials for verification.
  3. Applicants of Category A high-end foreign talents who either are selected for domestic talent programs or satisfy the international achievement criteria may apply to the commitment system for the work qualification certificate.
  4.  Applicants of Category A high-end foreign talents who (1) are selected for domestic talent programs; (2) satisfy the international achievement criteria; (3) meet the market demand for government-encouraged positions; or (4) are innovative and entrepreneurial talents may apply to the commitment system for the highest degree certificate.
  5. The certificate of no criminal record may apply to the commitment system.
  6. Foreigners who have entered China with other visas or valid residence permit may apply for the work permit in China.
  7. The licensing authority shall have a review and grant licensing within 5 working days concerning the application by high-end foreign talents for the Notice of Work Permit for Foreigners, the Work Permit for Foreigners (after handling the Notice), the direct application for the work permit and the application for the renewal or cancellation of the work permit.
  8. A maximum extension of 5 years of the work permit may be granted. 

XVI. Processing ways 

A. Employers who for the first time use the "Foreigners Employed in China Management Service System" should register an account, fill in online the relevant information of and provide the corresponding electronic materials, and then may have access to the system after being accredited. The necessity for submitting paper materials for verification may be subjected to the credit classification of the employer.

B. When the employer submits materials, it is necessary to add the information of the handler and issue an official certification. When the employer entrusts a specialized service agency to submit the application materials, the service agency should be registered online and supplement the information of the agent and submit on the spot the entrustment certificate of the employer and the identity documents of the agent.

C. The receiving agency or the licensing authority may adopt necessary measures like interview, telephone inquiry and field survey to verify the authenticity of the application materials as the case may be.

XVII. Disclose of licensing  

Since the date of submitting the application online, the employer may log in the system for real-time inquiries about the processing status and the review results. The results of the administrative licensing will be made public on the foreigners employment management service system within 7 working days from the date of granting the administrative licensing. The relevant public service information and the illegal information of the relevant market entities will be disclosed on the "Credit China" website.

XVIII. Miscellaneous matters 

A. Processing online for the first time  

Foreigners who process the first issue, the renewal, the alteration and the cancellation of the work permit with the management service system shall provide the Foreign Expert Certificate or the Foreigner Employment Certificate and the corresponding cancellation certification.

B. Cancelling the Letter of Invitation or the Confirmation of Invitation  

The applicant with the Notice of Work Permit for Foreigners may apply directly to the embassy or the consulate for Z visa or R visa without the need to obtain a letter of invitation or a letter of confirmed invitation from the authorized service agency.

C. Visa procedure  

The work permit shall not serve as or substitute the visa. Foreigners shall submit materials as demanded and apply to the oversea visa authority of China for a visa.

 

D. Residence procedure  

Foreigners should submit the work permit and other materials to the district government, the public security authority and the entry-exit administration for the relevant procedure.

E. Credit management system  

The foreigners who come to China for work, the employer and the commissioned service agency shall be managed under a credit classification system with a directory of abnormality.

F. Receiving the document  

The currently effective Work Permit for Foreign Experts, Employment Permit for Foreigners, Foreign Expert Certificate, Employment Certificate for Foreigners within the validity period shall remain in force. The system work permit for foreigners employed in China is put into effect all over China since April 1, 2017. The Notice of Work Permit for Foreigners and the Work Permit for Foreigners are effectuated. Since July 1, 2017, the work permit for foreign experts, the employment permit for foreigners and other relevant permits and documents will be issued no longer. Since October 1, 2017, holders of the Work Permit for Foreigners and the Employment Permit for Foreigners may fill in application form online and apply of their own will for the renewal of the Work Permit for Foreigners with the validity period the same. Foreigners who provide materials in line with the criteria for Category A high-end foreign talents may be acknowledged.

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