Employment of Foreign Nationals in China

Foreigners wishing to live and work in China mustStep Two. Obtaining Invitation Letter for work visas
follow strict procedures that involve much paperworkWith the Employment License, the employer needs to
and different levels of state bureaucracy. Theapply to the appropriate approval authority for an
complexity of the procedures is heightened by the factofficial invitation letter. The following documents are
that the names for various permits and certificates arerequired to Beijing Commerce Bureau (if the employer
often confused and used interchangeably. All foreignapplys in Beijing):
nationals wishing to work in China should hold a work        - Approval Certificate of the employer;
(Z) visa for entry into China. After entering China, they        - Business License of the employer;
must then obtain a work permit and a residence        - Employment License; and
permit. Failure to do so is an offence leading to        - Other documents required.
possible fines and deportation. (By "expat" here, weThe employer needs to send the original Invitation
mean foreign nationals)Letter together with the Employment Permit to the
The rules are of interest to foreign nationals in general,expiate employee. Note only foreign nationals need the
but bear in mind that different rules apply to thoseInvitation Letter because they need it to apply for work
working in embassies, consulates, with the Unitedvisa. People from Hongkong / Macau / Taiwan do not
Nations or other similar international organizations.need the Invitation Letter, they will go through different
Different rules also apply for citizens of Taiwan,formalities to obtain Chinese "visa".
Hong-Kong and Macau.Step Three. Obtaning Work Visa and enter into China
Verification should be sought for the exactWith the Employment License and the Invitation Letter
documentation required at each step of any applicationobtained from the previous steps, the expat employee
for permits or certificates. This is becausecan apply for Chinese work visa at a Chinese
documentation requirements tend to change, and willembassy /consulate or China visa office in Hongkong.
vary depending on the employee's intended location inIn additional to the two documents, Chinese visa
the PRC. Also be advised that cooperation betweenauthorities may also require you to provide:
the employee and the employer is essential at every        - Passport;
stage of the process, as both are required to submit        - Photos;
numerous documents to the relevant authorities for the        - Application forms;
employee to work legally in China.        - Medical checkup reports.
 Upon receipt of the Chinese work visa, the expat can
Criteria for exapts taking up employment in Chinaenter into China.
(1) be at least 18 years of age and in good health;Step Four. Obtaining Employment Permit
(2) Possesse the professional skills and workingWithin 15 days of entering China, the employer must
experience required for the intended position;apply for an Employment Permit from the local labour
(3) have no criminal record;department by submitting the following documents:
(4) have a confirmed employer; and        - Approval Certificate of the employer;
(5) have a valid passport or other international travel        - Business License of the employer;
document.        - Completed application form;
Application procedures for hiring an expat        - Original Employment License;
Generally, there are five steps for obtaining all official        - Employment Contract;
working and residencing documents for expat        - Original Medical Checkup Record (issued
workers.by the Sanitation and Anti-Epidemic Department);
Step One. Obtaining Employment License        - Origal passport;
The employer, a foreign-invested enterprise or a        - Photos; and
domestic company, needs to apply to local Labor        - Other required documents.
Bureau for an Employment License for the expat. TheNormally the Employment Permit is valid for one year,
labor bureau will check whether the employer isalthough the employment contract term could be
qualified to hire and expat, and whether the expat islonger.
qualified to be hired. The following documents areStep Five. Obtaining Residence Permit
required for submission by the employer to the laborThe employor must report to the local Public Security
bureau:Bureau (PSB) within 30 days of the expat employee
        - Completed application forms;entering China. Failing to apply for the residence permit
        - Letter of intent to hire;within the 30 days will be fined 500 RMB for each
        - Letter for explaining why the services ofdelayed day and maximum fine is 5000 RMB. The
the expat employee are required in China;following documents are required for submission for
        - Approval Certificate of the employer;applying a residence permit:
        - Business License of the employer;        - Approval Certificate of the employer;
        - Copy of the expat employee's passport or        - Business License of the employer;
other international travel documents;        - Completed application form;
        - Copy of the expat employee's resume;        - Employment Permit;
        - Evidence of the state of good health of        - Physical Examination Record (issued by
the employee confirmed by a medical examination;the Sanitation and Anti-Epidemic Department)
and        - Tempory Residence Registration
        - other documents as required.Certificate;
Upon approval by the labor bureau, an Employment        - Passport, and
License will be issued to the employer.        - Photos.
For representative offices (RO) in China, there is no 
need to apply for an employment permit in hiring aTommy China Business Consulting based on
foreigner as its chief representative or representative.ShenZhen China can offer Work Visa and Residence
The employer must, however, seek approval from thePermit application service to foreign nationals . We are
local Administration of Industry and Commerce (AIC) infamiliar with the application procedures and the
China. The authority will issue a Working Card for theapplicable chinese law.
expat representative.