Administrative Provisions on the Employment of Foreigners in China were promulgated on 22 Jan. 1996, and amended in 2010 and 2017 respectively. The latest revision entered into force on 13 Mar. 2017. There are 36 articles in total. The Provisions aim to strengthen the administration of employment of foreigners in China.
The key points are as follows:
The Provisions shall apply to foreigners who work within the territory of China and entities that employ foreigners, and shall not apply to persons who enjoy diplomatic privileges and immunities in foreign embassies and consulates in China, representative offices of the United Nations in China and other international organizations in China.
Entities that intend to employ foreigners shall apply for employment permits for them and may employ foreigners only after having been approved to obtain Alien Employment Permits of the People’s Republic of China.
Foreigners seeking employment in China shall: (1) have reached the age of 18 and be healthy; (2) have the necessary professional skills and corresponding work experience for the intended job; (3) have no criminal record; (4) have a definite employer; and (5) have a valid passport or other international travel documents that can be substituted for a passport.
Entities shall, within 15 days after the entry of the employed foreigner into of the People’s Republic of China, apply for an employment pass for the foreigner at the original issuing authority with the employment permit, the labor contract signed with the employed foreigner, and his or her valid passport or a document that can be substituted for a passport, and fill in the Employment Registration Form for Foreigners. The employment pass shall be valid only in the area specified by the issuing authority.