Notice on Supporting Foreign Talents and Team Members in Handling Work Permit within Entrepreneurial Period
To whom it may concern,
According to the provisions inOpinions Concerning the Talent-driven Development Strategy of Shanghai in the New Era released by CPC Shanghai Municipal Committee and Shanghai Municipal Government,Shanghai Administration of Foreign Experts Affairsare launching a pilot program to support the handling ofForeigner’s Work Permit in China by parks or incubatorsfor foreign talents and team members engaged in innovation and entrepreneurship, in order to further innovate the foreign talent management and service system, accelerate the building of Shanghai into a center for sci-tech innovation with global influence, create a world-class business environment, and attractforeign talents to Shanghai for innovation and entrepreneurship. The pilot program is specified as follows.
1. Park or Incubator
A park or an incubator in the pilot program shall be established by law, and registered with and recommended by the competent departments at district level or above.
A park may be any type, such asinnovation park, sci-tech park, orindustrial park, which have been recognized by the competent departments at all levels in Shanghai and have signed agreements or lease contracts with the entrepreneurialteams or entrepreneurs.
An incubator refers to any innovation incubator which has registered in any district in Shanghai and is under itstax administration, and has signed incubation agreements and lease contracts with entrepreneurial teams or entrepreneurs. An incubator may include maker spaces registered in China, offshore innovation and entrepreneurship bases for overseas talents, national technology-based business incubators, incubators contractingventure parks for overseas Chinsese,as well as innovation incubators andfunctional platformswith international resources.
2. Foreign Entrepreneurial Talents And Teams
Applicants shall meet the following requirements.
1. The applicants are foreigners and entrepreneurial team members (in principle, no more than 5 people)in the park or incubator who have not yet established a company during the entrepreneurial period.
2.Capable applicants with qualified professional skills or knowledge shall be at least 18 years old in good health and without criminal record.
3. Those applicants shall engage in urgently needed jobs in China and can make contributions to China’s economic and social development.
4. The laws and regulations which have special provisions, if any, for the employment of foreigners in China shall prevail.
3. How to Apply
1. Application entity.As the application entity, the park or the incubator bearsthe major responsibilities for the foreign talents and entrepreneurial teams itrecommends during the entrepreneurial period. In case of entrepreneurial success, the park or the incubator shall promptly remind the foreign talents or teams to apply for new work permits in the name of the new companies.
2. Application process. The parkor the incubator shall apply for the Notification Letter of Foreigner’s Work Permit and the Foreigner’s Work Permit in accordance with the Notice of the State Administration of Foreign Experts Affairs on Issuing the Service Guide (Trial) to the Foreigner’s Work Permit in China.Forthe applicant who has entered China with any other valid visa, if he is eligible, the park or the incubator may directly apply for a Foreigner’s Work Permit.The park or the incubator shall apply for awork-type residence permit in China by presenting the Foreigner’s Work Permit.
3. Valid period. The valid period of Foreigner’s Work Permit for foreign entrepreneurs and entrepreneurial team members shall be no more than six months, and shall not exceed the valid period of the signed incubation agreement, apartment lease contract and the applicants’ passport or other international travel documents. Before the work permit expires, the park or the incubator shallmake an evaluation and apply for extension or cancellation as needed.
4. Work Requirements
To ensure the orderly implementation of the pilot program, it shall start in Pudong New Area andbe adopted across Shanghai in 3 months, if applicable. All districts are requested to attach great importance to the program. Personnel and resources shall be mobilized for implemetation, and the recommendation list of polit parks and incubators under juridiction shall be sorted out, providing better services for foreign talents and teamsengaged in innovation and entrepreneurship.
This notice shall be effective upon issuance.
Science and Technology Commission of Shanghai Municipality
(Shanghai Administration ofForeign Experts Affairs)
Sep 1st, 2020