Protect eyesight color: 杏仁黄  秋叶褐  胭脂红  芥末绿  天蓝  雪青  灰  银河白  【Font:Big  Middle  Small

Provisions on Issuing Foreign Experts Working Permit

2004-9-30

Circular by State Administration of Foreign Experts Affairs on Promulgating the Provisions on Issuing Foreign Experts Working Permit

(No.139 [2004] by State Administration of Foreign Experts Affairs)

The Departments of Personnel, Administrations of Foreign Experts Affairs, Departments of Public Security, Foreign Affairs Offices and Departments of Education of all provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the state plan, all Ministries and Commissions of the State Council, organizations and institutions directly under the State Council, responsible administrative departments of introduction of overseas talents of specialized parent companies, and department of personnel, administration of foreign experts affairs, department of public security, foreign affairs office and department of education of Xinjiang Construction and Production Corps:

In accordance with the stipulations in the Administrative Permission Law of the People's Republic of China and the Decision by the State Council on Establishing Administrative Permission for Administrative Examination and Approval Projects That Really Need to Be Reserved (Decree No. 412 by the State Council), the following provisions are hereby promulgated for your compliance and implementation: Provisions on Issuing Foreign Experts Working Permit, Provisions on Qualification of Employer Engaging Foreign Experts, Provisions on Qualification of Overseas Organization Introducing Cultural and Educational Foreign Experts to Work in China and Provisions on Qualification of Institution Dispatching Groups and Personnel for Overseas Training.

In accordance with the provisions above, application for administrative permission shall be filed to provincial Administration of Foreign Experts Affairs. In case that the provincial Administration of Foreign Experts Affairs fail to fulfill the implementation, the application shall be filed to State Administration of Foreign Experts Affairs for examination and approval.

Circular by State Administration of Foreign Experts Affairs on Issuing Rules on Administration of Confirmation of Foreign Expert Employment (No.53 [1997] by State Administration of Foreign Experts Affairs) and Circular by State Administration of Foreign Experts Affairs on Implementation of New Application Form for Qualification of Employer Engaging Cultural and Educational Foreign Expert (No.4 [2001] by State Administration of Foreign Experts Affairs) are repealed concurrently.

The Circular shall be implemented as of the date of issuance and it shall prevail if former provisions run counter to the stipulations as in this circular.


Attached:

Provisions on Issuing Foreign Experts Working Permit



State Administration of Foreign Experts Affairs

September 30th, 2004   



Attachment

Provisions on Issuing Foreign Experts Working Permit

1. Subject:

Foreign Experts Working Permit

2. Responsible Authority:

State Administration of Foreign Experts Affairs

Provincial Administration of Foreign Experts Affairs

3. Requirements:

Foreign experts employed in China are obligated to obtain Foreign Experts Working Permit. Foreign experts who apply for Foreign Experts Working Permit must comply with Chinese laws and regulations; have good health and no criminal record. The applicant shall meet one of the following requirements:

(1) Foreign professionals specialized in technology or management employed in China to carry out agreements between governments or international organizations, or Sino-foreign economic and trade contracts.

(2) Foreign professionals employed in China engaging in education, scientific research, news, publication, culture, arts, health, sports, etc.

(3) Foreign professionals specialized in technology or management employed as vice general manager or above in enterprises located in China or other equivalent positions.

(4) Foreign representatives of China resident representative office of overseas expert organizations or human resources agencies approved by State Administration of Foreign Experts Affairs.

(5) Foreign professionals employed in China to work in economics, technology, engineering, trade, finance, taxation, tourism, etc., who are outstanding specialists in technology or management and greatly demanded in China.

Foreign Experts in Category (2) and (3) shall possess bachelor’s degree or above and have at least 5-year related work experience (or 2-year for language teachers).

4. Application Materials

(1) Foreign Experts Working Permit Application Form.

(2) Applicant’s resume, including education background and work experience.

(3) Photocopies of certificate of highest academic degree obtained or professional qualification.

(4) Health report issued by foreign medical institutions certified by Chinese embassy or consulate, or by health and quarantine institutions appointed by Chinese government.

(5) Contract or agreement varied according to Categories listed in Article 3:

(i) Foreign experts in Category 1 shall submit photocopies of project agreement and the approval document of the project.

(ii) Foreign experts in Category 2 shall submit photocopy of Qualification Certificate of Employer Engaging Foreign Experts or its certificate number as well as signed standard employment contract printed by State Administration of Foreign Experts Affairs between foreign expert and employer.

(iii) Foreign experts in Category 3 shall submit photocopies of appointment document by enterprises or employment contract.

(iv) Foreign experts in Category 4 shall submit photocopies of the approval document of the resident representative office and appointment document of the foreign representative or other equivalent document.

(v) Foreign experts in Category 5 shall submit photocopies of employment agreement or contract.

5. Approval Procedure

(1) Application

Employment of foreign experts by Ministries and Commissions of the State Council, organizations and institutions directly under the State Council and specialized parent companies shall file their application to State Administration of Foreign Experts Affairs. Other entities shall submit applications to corresponding provincial Administration of Foreign Experts Affairs based on the principle of territory.

(2) Acceptance of Application

(i) Application will be accepted if it has complete materials in legal formats or meets all the requirements of the authority.

(ii) Given any error in the materials, the applicant is allowed to correct it on the spot. As for applications with incomplete materials or incorrect formats, the authority shall issue a dated and stamped Notice on Supplement and Correction of Application Materials for Administrative Permission on the spot or within 5 days to inform the applicant with all the requirements. Otherwise the application is considered accepted on the date of receipt. The incomplete application will be rejected if the applicant fails to submit corrected materials after the Notice is issued.

(iii) The authority shall issue a dated and stamped Notice on Accepted Application for Administrative Permission or Notice on Rejected Application for Administrative Permission (with reasons for rejection) for accepted applications or rejected applications, respectively.

(3) Examination and Approval of Application

The authority shall examine the accepted application materials according to relevant regulations and make decision within 20 days. In special cases, the deadline can be extended by 10 days upon formal approval of the authority by its officer in charge and a dated and stamped Notice on Postponing Administrative Permission shall be issued to the applicant with reasons for extension.

The application will be rejected in any of the following cases:

(1) The application materials have been found with false statements;

(2) The applicant fails to meet the requirements for a Foreign Expert;

(3) Other cases in which the authority found it inappropriate to issue the Foreign Experts Working Permit to the applicant.

A Notice on Service of Administration Permission Decision stamped with authority-specific seal and marked with the issuing date will be issued upon decision made. The authority shall elucidate the reason for rejection in the Notice if it decides not to grant the permission. Otherwise, the authority shall issue and deliver Foreign Experts Working Permit printed by State Administration of Foreign Experts Affairs within 10 days upon permission granted.

The authority shall have Foreign Experts Working Permit stamped with its official seal and signed by authorized officer.

6. Other Issues

(1) Application for Working Visa (Z Visa).

To work in China, a foreign expert shall apply for Working Visa (Z Visa) at Chinese embassies or consulates with the original Foreign Experts Working Permit, a visa notification letter or telegram from an authorized Chinese entity and a valid passport. The original Foreign Experts Working Permit will be preserved at the Chinese embassy or consulate once the Working Visa (Z Visa) is issued.

(2) Application for Foreign Expert Certificate and Residence Permit.

A foreign expert shall apply for Foreign Expert Certificate at the authority issuing Foreign Experts Working Permit within 15 days after entry with Working Visa (Z Visa) and apply for Foreigner’s Residence Permit with Working Visa (Z Visa) and Foreign Expert Certificate at Department of Exit-Entry Administration of local Department of Public Security within 30 days after entry.

These provisions shall be interpreted by State Administration of Foreign Experts Affairs.