关于对外国人在中国就业管理有关问题的函(英文版)
劳动和社会保障部办公厅

Letter of the General Office of the Ministry of Labor and Social Security concerning the Relevant Issues for the Administration of Employment of Foreigners in China

(Letter No. 231 [2005] of the Ministry of Labor and Social Security)

Gansu Provincial Department of Labor and Social Security:

Your Department’s Request for Instructions concerning Relevant Issues for the Administration of Employment of Foreigners in China (No. 86 [2005] of Gansu Provincial Department of Labor and Social Security) has been received. After deliberation, we hereby propose the following reply opinions regarding the relevant issues concerning the procedures for employment of foreigners in China:

In accordance with the Measures for the Administration of Employment of Foreigners in China (No. 29 [1996] of the Ministry of Labor and Social Security), a foreigner who intends to be employed in China shall bring his work visa to enter China, obtain the “Employment Certificate for Foreigners” (hereinafter referred to as employment certificate) upon strength of the work visa, and then go through the procedures for foreigners’ residence.

In accordance with Article 8 of the Measures for the Administration of Employment of Foreigners in China, specifically, “In special cases, an employing entity shall apply for certificates of permission according to the examination and approval procedures prescribed in these Regulations, and the foreigner to be employed shall change his status at the public security organ upon the strength of the certificate of permission, and may not be employed until having obtained the employment certificate and residential documents”, the chief representative of a foreign enterprise’s permanent representative office in China may, if he brings his visitor visa to enter China due to establishment of the office, go to the administrative department of labor and social security to directly obtain the employment certificate upon strength of the visitor visa, and then go to the public security organ to apply for the permit for residence upon strength of the employment certificate.

July 4, 2005