Promulgating Institution: Ministry of Labor; Ministry of Public Security; Ministry of Foreign Affairs; Ministry of Foreign Trade and Economic Cooperation
Document Number: Lao Bu Fa {1996] No. 29
Promulgating Date: 01/22/1996
Effective Date: 05/01/1996
Revision History: This document has been revised pursuant to the Decision on Abolishment and Amendment of Certain Regulations on Human Resource and Social Security promulgated on November 12, 2010 and taken effect from November 12, 2010.

Chapter 1: General Provisions
  Article 1    For the purpose of strengthening the administration of employment of foreigners in China, these Provisions are promulgated in accordance with relevant laws and provisions.
  Article 2    For the purpose of these Provisions, a foreigner shall mean a person not of Chinese nationality as specified in the Nationality Law of the People's Republic of China.
For the purpose of these Provisions, the employment of a foreigner in China shall mean the acts of engaging in social labor and thus obtaining remuneration in accordance with the law by a foreigner who has not obtained the right of permanent residence.
  Article 3    These Provisions shall be applicable to the foreigners who are employed and the employers that employ foreigners within the territory of China.
These Provisions shall not be applicable to the personnel of foreign consulates or embassies in China, representative institutions of the United Nations in China and other international organizations who are entitled to diplomatic privileges and immunity.  
  Article 4    Labor administrative departments of people's governments of all provinces, autonomous regions and municipalities directly under the Central Government and the labor administrative departments at prefecture or municipal level authorized thereby shall be responsible for the administration of the employment of foreigners in China.
Chapter 2: Employment Permission
  Article 5    In order to employ a foreigner, an employer shall apply for employment permission for the foreigner and may employ the foreigner after obtaining the License of the People's Republic of China for Employment of Foreigners (hereinafter referred to as the "Employment License") upon approval.
  Article 6    The post that an employer intends to assign an employed foreigner to shall be one that requires special capabilities, for which a competent domestic candidate is temporarily not available and that is not in violation of State relevant regulations.
An employer shall not employ a foreigner to engage in for-profit theatrical performances unless the foreigner satisfies the provision of Item (3) of Article 9 hereof.
  Article 7    A foreigner intending to seek employment in China shall satisfy the conditions as follows:
(1) The foreigner shall be 18 years old or above and in good health;
(2) The foreigner shall have necessary professional skills and corresponding work experiences required by the job he/she intends to take;
(3) The foreigner shall be free of criminal record;
(4) The foreigner shall have a definite employer; and
(5) The foreigner shall hold a valid passport or any other equivalent international travel documents (hereinafter referred to as the "Passport Equivalent Documents").
 
  Article 8    A foreigner who intends to seek employment in China shall enter the territory of China by holding a occupational visa (relevant matters shall be handled in accordance with the agreement where there is an agreement on mutual exemption of visa requirement); the foreigner may only be employed after his/her entrance into the territory of China and obtaining the Employment Permit for Foreigners (hereinafter referred to as the "Employment Permit") and the Residence Permit for foreigners.
Accompanying dependents of the foreigners who fail to obtain the Residence Permit (i.e., those who hold visas of F, L, C and G categories), who stay in China for study and internship purposes or who hold occupational visas shall not be employed in China. Under special circumstances, such a dependant may be employed after the employer has applied for and obtained the Employment License for the dependant in accordance with the examination and approval procedures as specified hereof and the dependant has changed his/her status at a public security authority by virtue of the Employment License and obtained his/her Employment Permit and Residence Permit.
The Provisions of the Ministry of Foreign Affairs on Holding Positions in China by Spouses of Personnel of Foreign Consulates and embassies in China, Representative Institutions of United Nations System Organizations in China shall be applicable to the employment in China by spouses of personnel of foreign consulates and embassies in China, United Nations system and representative institutions of other international organization in China; and relevant formalities shall be handled in accordance with the examination and approval procedures as specified in Item (2) of Article 8 hereof.  
The Employment License and the Employment Permit shall be printed and made by the Ministry of Labor in a uniform manner.
  Article 9    Any foreigner who satisfies one of the following conditions may be exempted from the Employment License and the Employment Permit:
(1) Where the foreigner is a professional and technically qualified person or a management person of foreign nationality who is directly invited by Chinese government; or where the foreigner is a professional and technically qualified person or a management person of foreign nationality who holds a senior technical title or has a special skill qualification certificate determined by a Chinese or international authoritative technical administrative department or trade association; or where the foreigner holds a Foreign Expert Certificate issued by the State Administration of Foreign Experts Affairs;
(2) Where the foreigner is a labor worker of foreign nationality who holds a Permit for Foreigners Undertaking Off-shore Petroleum Operation in the People's Republic of China and engages in off-shore petroleum operation, has no need to be onshore and possesses special skills; and
(3) Where the foreigner has been approved by the Ministry of Culture to conduct for-profit theatrical performance in China by virtue of his/her Permit of Temporary For-Profit Performance.
  Article 10    Any foreigner who satisfies one of the following conditions may be exempted from the Employment License; the foreigner shall, after his/her entry into the territory of China, directly apply for the Employment Permit by virtue of his/her occupational visa and relevant certification:
(1) Where the foreigner is invited to work in China for the purpose of implementing a project of Sino-foreign cooperative communication in accordance with an agreement or a convention concluded between Chinese government and a foreign government or between Chinese government and an international organization; and
(2)    Where the foreigner is a chief representative or a representative of the resident representative institution of a foreign enterprise in China.  
Chapter 3: Application, Examination and Approval
  Article 11    An employer that intends to employer a foreigner shall fill out the Application Form of Employing Foreigners (hereinafter referred to as the "Application Form"), file an application to the department in charge of the trade at equal level to the department in charge of labor administration (hereinafter referred to as the "Trade Department") and provide the valid documents as follows:
(1) A curriculum certification of the foreigner that the employer intends to employ;
(2) A letter of employment intent;
(3) A report on the reasons for the proposed employment of the foreigner;
(4) A qualification certification of the foreigner for engaging in the relevant work;  
(5) A health condition certification of the foreigner; and
(6) Other documents as specified by laws and provisions.
A Trade Department shall conduct examination and approval thereof in accordance with Article 6 and 7 hereof and relevant laws and provisions.
  Article 12    Employers shall, upon approval of the Trade Departments, go through verification formalities at the labor administrative departments of provinces, autonomous regions or municipalities directly under the Central Government or authorized labor administrative departments at prefecture or municipal level at the places of their locations by presenting the application forms. The abovementioned departments shall designate institutions (hereinafter referred to as the "License/Permit Issuing Authorities") to be particularly responsible for the issuance of Employment License. A License Issuing Authority shall conduct verification in accordance with the opinions of the Trade Department and the demand status of labor market, and shall issue Employment License for employers.
  Article 13    Employers at the level of Central Government and employers without a Trade Department may, when employing foreigners, directly file an application to and go through relevant formalities at the License Issuing Authorities of labor administrative departments.
A foreign-invested enterprise may, when employing a foreigner, directly apply for the Employment License at the License Issuing Authority of a labor administrative department by virtue of a contract, its articles of association, the approved license, its business license and the documents as specified in Article 11 hereof without the examination and approval of the Trade Department.  
  Article 14    With regard to an employer approved to employ foreigners, its authorized organization shall issue a visa notification letter and the Employment Permit to foreigners concerned and shall not directly issue the Employment Permit thereto.  
  Article 15    A foreigner approved to seek employment in China shall apply for a occupational visa at a Chinese embassy, consulate or office in foreign countries by virtue of the Employment License issued by the Ministry of Labor, the visa notification letter issued by an authorized organization and the valid passport of his/her country or a Passport Equivalent Document.
Any person who satisfies the provisions of Item (1) of Article 9 hereof shall apply for  an occupational visa by virtue of the visa notification letter issued by the authorized organization; any person who satisfies the provisions of Item (2) of Article 9 hereof shall apply for an occupational visa by virtue of the visa notification letter issued by China National Offshore Oil Corporation; any person who satisfies the provisions of Item (3) of Article 9 hereof shall apply for an occupational visa by virtue of the visa notification letter issued by the foreign affairs offices of the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government or the approved documents of the Ministry of Culture (directly forwarded to concerning Chinese embassies, consulates or offices in foreign countries).
Any person who satisfies the provisions of Item (1) of Article 10 hereof shall apply for an occupational visa by virtue of the visa notification letter issued by the authorized organization and the project proposal of cooperative communication; any person who satisfies the provisions of Item (2) of Article 10 hereof shall apply for an occupational visa by virtue of the visa notification letter issued by the authorized organization and the registration certificate issued by the industrial and commercial administrative department.
 
  Article 16    An employer shall, within 15 days from the date when the foreigner that the employer intends to employ enters the territory of China, apply for the Employment Permit for the foreigner by virtue of the Employment License, the labor contract concluded with the foreigner and the foreigner's valid passport or the Passport Equivalent Document as well as fill out the Registration Form for Foreigners.
An Employment Permit shall only be valid within the areas specified by a Permit Issuing Authority.
  Article 17    A foreigner who has obtained the Employment Permit shall apply for the Residence Permit at a public security authority by virtue of his/her Employment Permit within 30 days from the date of his/her entry into the territory of China. The period of validity of a Residence Permit may be determined based on that of the Employment Permit.  
Chapter 4: Labor Administration
  Article 18    An employer shall conclude a labor contract with the foreigner that the employer intends to employ in accordance with the law. The maximum duration of a labor contract shall not exceed five years and a labor contract shall automatically terminate upon its expiration. Nevertheless, the labor contract may be renewed after the examination and approval procedures as specified in Article 19 hereof are performed.
  Article 19    The Employment Permit of an employed foreigner shall automatically become invalid upon the expiration of his/her labor contract with the employer. Where it is necessary to renew the labor contract, the employer shall, within 30 days before the expiration of the original labor contract, file an application before the labor administrative department for an extension of employment duration and may go through the formalities of extending the validity of his/her Employment Permit upon approval.
  Article 20    Where a foreigner is approved to extend his/her employment duration or change his/her employment area and employer in China, the foreigner shall go through the formalities of extending the validity of his/her Residence Permit or the formalities for change to his/her Residence Permit at local public security authority within 10 days from the date of such approval.
  Article 21    Where the labor contract between a foreigner and his/her employer is dissolved, the employer shall promptly report the matter to the relevant labor and public security department, return his/her Employment Permit and Residence Permit, and go through exit formalities at the public security department.
  Article 22    The wage paid by an employer to a foreigner shall not be lower than the local minimum wage standard.
  Article 23    State relevant provisions shall be applicable with respect to the working hours, rest hours, holidays, labor safety and health and social insurance of a foreigner being employed in China.
  Article 24    The employer of a foreigner in China shall be the same as the one indicated in the foreigner's Employment Permit.
Where a foreigner is employed by another employer but still engages in original occupation within the area specified by the Permit Issuing Authority, such change of employer shall be subject to the approval of the original Permit Issuing Authority and the foreigner shall go through formalities for change to his/her Employment Permit.  Where a foreigner seeks employment outside the areas specified by the Permit Issuing Authority or is employed by another employer within the areas originally specified by relevant provisions, but engages in a different occupation, such foreigner shall apply for another Employment Permit and complete necessary formalities.  
  Article 25    With respect to a foreigner whose residence qualification is deprived by a Chinese public security authority due to his/her violation of Chinese laws, the employer shall terminate the labor contract thereof and the labor department shall revoke his/her Employment Permit.  
  Article 26    A labor dispute arising between an employer and its foreign employees shall be handled in accordance with the Labor Law of the People's Republic of China and the Regulations of the People's Republic of China on Handling Enterprise Labor Disputes.
  Article 27    Labor administrative departments shall conduct annual examination over Employment Permits. An employer shall, upon the expiration of the labor contract with a foreigner, annually complete the formalities of the annual examination over the Employment Permit of the foreigner at the Permit Issuing Authority of the labor administrative department within 30 days before the expiration of his/her labor contract. Where the employer fails to complete such formalities within specified time limit, the abovementioned Employment Permit shall automatically become invalid.
Where the Employment Permit of a foreigner is lost or damaged during his/her employment in China, the foreigner shall immediately go through formalities of reporting the loss of the Employment Permit, applying for reissuing or replacing the Employment Permit.
Chapter 5: Penalty Provisions
  Article 28    Where, in violation of these Provisions, a foreigner takes up employment without obtaining the Employment Permit or an employer employs a foreigner without obtaining the Employment License, public security authorities shall handle such circumstances in accordance with Article 44 of the Detailed Implementing Rules of the Measures of the People's Republic of China on the Administration of Entry and Exit of Foreigners.
  Article 29    With respect to a foreigner who refuses to be subject to the examination of his/her Employment Permit conducted by a labor administrative department, who changes his/her employer without permission, or who extends his/her employment duration without permission, the labor administrative department shall withdraw his/her Employment Permit and apply to a public security authority for deprivation of his/her residence qualification; where it is necessary for said authority to deport such foreigner out of China, the cost of deportation shall be paid by his/her employer or the foreigner himself/herself.
  Article 30    With respect to foreigners and employers that fabricate, alter, pass off, transfer, purchase or sell the Employment Permits or the Employment Licenses, labor administrative departments shall confiscate the concerned Employment Permits and Employment Licenses as well as the illegal income and impose a fine of no less than RMB 10,000 and below RMB 100,000; where the case is serious and a crime is made out, the case shall be transferred to a judicial authority for imposition of criminal liability in accordance with the law.  
  Article 31    Where the working personnel of a License/Permit Issuing Authority or relevant departments abuse their authorities, collect fees illegally, practice favoritism or commit irregularities, which result in a crime being made out, criminal liability shall be imposed thereon in accordance with the law; where such an act is insufficient for a crime to be made out, the person concerned shall be subject to administrative disciplinary measures in accordance with the law.  
Chapter 6: Supplementary Provisions
  Article 32    With regard to the employment of residents of Taiwan, Hong Kong and Macau of China in Mainland, the Administrative Regulations on the Employment of Taiwan, Hong Kong and Macau Residents in Mainland shall be applicable.
  Article 33    These Provisions shall not be applicable to the employment of Foreigners in Taiwan, Hong Kong and Macau of China.
  Article 34    Individual economic organizations and individual citizens are prohibited from employing a foreigner.
  Article 35    Labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government may, in conjunction with public security departments and other departments, formulate their respective local implanting rules based on these Provisions and submit their implementing rules to the Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation for record-filing.
  Article 36    The Ministry of Labor shall be responsible for the interpretation of these Provisions.
  Article 37    These Provisions shall become effective from May 1, 1996. The Certain Provisions on the Employment of Foreigners who have not obtained Residence Permits and Who Stay in China for Study Purpose promulgated by the former Ministry of Labor and Personnel and the Ministry of Public Security on October 5, 1987 shall be simultaneously repealed.
Annex:
License of the People's Republic of China for Employment of Foreigners
Upon examination and verification, we hereby approve Mr. (Ms.)    ,    (nationality), to undertake    work with    organization at    county (city, district)    of    municipality (region) of    province (autonomous region, municipality directly under the Central Government) of the People's Republic of China.
Ministry of Labor of the People's Republic of China
(Month)    (Day)    (Year)
The employment of foreigners in China shall be subject to employment license system. A foreigner who has obtained the License of the People's Republic of China for Employment of Foreigners (hereinafter referred to as the "Employment License") shall go through relevant formalities in accordance with the procedures as follows:
1. To apply for an occupational visa at an embassy, consulate or office of the People's Republic of China in a foreign country by virtue of the Employment License and the visa notification letter;
2. To conclude a labor contract with the employer by virtue of the Employment License within 15 days from the date of entry into the territory of China by virtue of the occupational visa;
3. To apply for the Employment Permit for Foreigners (hereinafter referred to as the "Employment Permit") at the Permit Issuing Authority of a labor administrative department at the place of the location of the employer by virtue of the Employment License, the labor contract and the valid passport of the applicant himself/herself;
4. A foreigner who has obtained the Employment Permit shall, within 30 days from the date of his/her entry into China, apply for the Residence Permit at a public security authority at the place of the location of his/her employer by virtue of his/her Employment Permit;
Only foreigners who hold the Employment Permit and the Residence Permit may be legally employed in China and protected by the law;
5. An Employment License shall become effective from the date of issuance and the period of validity thereof shall be six months.