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Instructions for Applying for Employment License in Shanghai
Authority: Shanghai Administrative Center for Employment of Foreigners (Shanghai Administrative Center for Employment of Personnel from Taiwan, Hong Kong and Macao)

Subject: Applying for Employment License

Authority

Authority: Shanghai Administrative Center for Employment of Foreigners (Shanghai Administrative Center for Employment of Personnel from Taiwan, Hong Kong and Macao)

Address: F,No.77 Meiyuan Rd,Shanghai.

Zip code: 200070

Business Hours from Monday to Thursday: 9: 00AM-11: 30AM, 1:30PM-5:00PM

Business Hours for Friday: 9: 00AM-11: 30AM, 1: 30PM-3: 30PM

Legal Basis

RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA Promulgated jointly by the Ministry of Labor, Ministry of Public Security, Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China

L.B.F.(1996) No.29 2010 revised

PROPOSALS OF THE LABOUR BUREAU OF SHANGHAI ON IMPLEMENTING THE RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA

H.L.W.F.(1998) No.25

 

Requirements for Applicant:

The applicant must:

1, be in good health and with no mental illness and epidemics such as leprosy, AIDS, venereal diseases, open tuberculosis, etc. or the diseases prohibited by the job they are engaged in;

2, be with a clearly-defined employer;

3, have professional skills, proper academic background required for the job of the intended employment and more than two-year relevant working experience;

4, have no criminal record;

5, hold valid passport or other international travel document in lieu of the passport;6, be between the age 18 and 60 for male, and between 18 and 55 for female;

7, meet other conditions defined by relevant laws and regulations.

Documents Required for Application:

I, Applying for Employment License at Reception Center

1. One filled-out Application Form for Foreigner's Employment in China; (which can be downloaded on the website);

2. Valid Business License or other legal Registration Certificate with annual inspection stamp (copy), Organization Code Certificate (copy), and Certificate of Approval for the foreign-invested enterprises (copy);

3. The curriculum vitae of the foreigner to be employed (including the highest education degree and detailed working experiences, which must be printed in Chinese and stamped by the employer);

4. The relevant credentials of the foreigner (referring to relevant technical or skill qualification issued by competent organizations; in case no certificates have been obtained, the foreigner shall provide reference letters issued by his/her former employer, showing his/her working experiences related with current job position;

5, Educational certificates related with current job position (copy);

6. Valid passport of the foreigner (copy);

7, Other documents requested by the certificate issuing authority.

II, Applying for Employment License by Internet

1. Visit the website of the Municipal Human Resources & Social Security Bureau  (http//: www.12333sh.gov.cn);

2. Choose "On-line Application"- "Application for Employers" - "Overseas Personnel";

3. Log in by inputting your username, password and other information required;

4. Choose certain links to complete the application.

5. Applicants can also be made at Online Employment Service for Overseas Personnel in Shanghai (http://wsbs.shwjzx.12333sh.gov.cn).

Procedures and Responding Time for Application

1. The employer intending to employ a foreigner shall apply for the Employment License before the foreigner's entry of China;

2. The authority will issue an Administration Permission Receipt to the applicant after the employer submitting the documents required for the Employment License according to regulations;

3. The authority will verify the documents and notify the employer the result of the Administration Permission and the exact time to acquire the certificate within 15 working days;

4. The employer may visit on-line application website toinquire about the result of any Administration Permission in 15 working days.

5. The employer shall go through formalities for visa notification with the Shanghai Municipal Commission of Commerce (tel: 62752200) or Foreign Affairs Office of Pudong New District (Tel:28282638) with Employment License of foreigners.

Charge

Free

Attentions

1.     Employer must carry its "User's Card for Employers" whenever any application is made.

2.     In case the foreigner is the direct investor or the legal representative indicated in the business license, a copy of proof documents or a copy of the business license should be provided. (Above-mentioned item 4 and 5 in "Documents Required for Application" entry can be omitted)

3.     Those whose position is vice general manager or above should provide the resolution of the board of directors. In case that no board of directors exists, a copy of letter of appointment signed by legal representative and the article of enterprise must be presented instead of the resolution.

4.     In case any document submitted by the employer is written in a foreign language, Chinese translation stamped by the employer should be attached.

5.     The valid period of the Employment License is six months. If the foreigner does not gothrough all relevant procedures before the date of expiry, the Employment License will be cancelled automatically.

Form for Application

Application Form for Foreigner's Employment in China

(Resource: Shanghai Municipal Human Resources and Social Security Bureau)

法律之间冲突时的效力原则


正式的法的渊源的效力有时也被称为法律效力等级，或法律效力位阶。宪法(或根本法)属于第一层次，而民法、刑法、行政法、诉讼等基本法律属于第二层次，基本法律之下还可能有第三和第四层次的法律等等。不同位阶的法的渊源之间的冲突原则包括宪法至上原则、法律高于法规原则、法规高于规章原则、行政法规高于地方性法规原则等。


同一位阶的法的渊源之间的冲突原则，主要包括：(1)全国性法律优先原则。(2)特别法优先原则。(3)后法优先或新法优先原则。(4)实体法优先原则。(5)国际法优先原则。(6)省、自治区的人民政府制定的规章的效力高于本行政区域内的较大的市的人民政府制定的规章。


位阶出现交叉时的法的渊源之间的冲突原则，我国《立法法》主要规定：(1)自治条例和单行条例依法对法律、行政法规、地方性法规作变通规定的，在本自治地方适用自治条例和单行条例的规定。(2)经济特区法规根据授权对法律、行政法规、地方性法规作变通规定的，在本经济特区适用经济特区法规的规定。(3)地方性法规、规章之间不一致时，由有关机关依照各自的权限作出裁决。



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