Provisions of Foreign Expert Work Permit Application

(safea.gov.cn) Updated: 2014-02-18

I. Application Type:

Foreign Expert Work Permit

II. Implementing Authority:

State Administration of Foreign Experts Affairs of P.R. China (SAFEA) Provincial administrations of foreign experts affairs

III. Qualifications

Foreign experts shall obtain Foreign Expert Work Permit for the purpose of employment within the territory of P.R. China. Foreign experts who apply for Foreign Expert Work Permit shall abide by Chinese laws and regulations, be in good health, have a clean criminal record and meet one of the following requirements:

3.1 being foreign technical and managerial professionals who are employed to work in China for the purpose of executing inter-governmental, inter-organizational agreements, protocols, or China-foreign trade contracts;

3.2 being foreign professionals who are employed to work in China in relation to education, scientific research, press and publication, culture, arts, public health and sports;

3.3 being high-ranking foreign technical or managerial professionals who are employed to take up position above vice general manager or enjoy equivalent treatment in enterprises within the territory of P.R. China;

3.4 being foreign resident representatives in China of foreign experts organizations or foreign talent agencies approved by SAFEA;

3.5 being foreign technical and managerial professionals with extraordinary expertise of which China is in urgent need, who are employed to work in China in the fields of economy, technology, engineering, trade, finance and accounting, taxation and tourism.

Foreign experts referred to in the above 3.2 and 3.3 shall hold a bachelor’s degree or higher degrees and have at least 5-year work experience in related jobs (language teachers shall hold a bachelor’s degree or higher degrees and have at least 2-year work experience in related jobs).

IV. Application Materials

4.1 Foreign Expert Work Permit Application Form

4.2 CV of the applicant (including education and work experience)

4.3 Photocopies of credentials of highest education qualification or professional qualifications

4.4 Health documents issued by foreign health and medical institutions certified by Chinese embassies or general consulates, or by health and quarantine authorities arranged by the Chinese government.

4.5 Employment Agreement or Contract

4.5.1 Foreign experts referred to in the above 3.1 shall submit a copy of relevant project agreements and approval documents.

4.5.2 Foreign experts referred to in the above 3.2 shall submit a copy of the employer’s qualification certificate, or the serial number of the certificate and the standard employment contracts prepared and printed by SAFEA and entered into with the employer.

4.5.3 Foreign experts referred to in the above 3.3 shall submit a copy of the appointment letter or employment contracts entered into with the enterprise.

4.5.4 Foreign experts referred to in the above 3.4 shall submit a copy of approval documents by the resident representative offices in China and the letter of appointment for foreign representatives or other documents with legal effect.

4.5.5 Foreign experts referred to in the above 3.5 shall submit a copy of employment agreements or contracts.

V. Procedure and Processing Time

5.1 Application

In the case that ministries or commissions under the State Council, agencies and non-profit-making institutions directly affiliated to the State Council, or specialized companies employ foreign experts, application shall be made with SAFEA; in the case that other companies or institutions employ foreign experts, application shall be made with provincial administrations of foreign experts affairs by the principle of territorial management.

5.2 Application Acceptance

5.2.1 Where applicants submit complete application materials in conformity with the prescribed forms or application materials required by the implementing authority, application will be accepted and processed.

5.2.2 The implementing authority shall allow applicants to correct mistakes in their application materials on the spot. In the case of incomplete application materials or any inconformity with the prescribed forms, the implementing authority shall write out on the spot or within 5 days a dated Notice of Supplementing Application Materials and Correcting Mistakes with the official seal of the implementing authority for the purpose of one-off informing the applicant of materials to be supplemented and mistakes to be corrected. Where the implementing authority fails to inform the applicant, application shall be deemed as accepted as of the date of receiving the application materials. In the case of the applicant failing to make supplementation or mistake-correction after being informed of the above notice, the application will not be accepted.

5.2.3 For all applications, the implementing authority shall write out a dated Notice of Application Acceptance or a dated Notice of Application Denial affixed with the official seal of the implementing authority. In the case of denied applications, the implementing authority shall specify reasons in the Notice of Application Denial.

5.3 Examination and Approval

The implementing authority shall examine the accepted application materials of an applicant in accordance with the relevant provisions and make a decision within 20 days. For special cases, the period of decision-making may be extended for another 10 days, subject to the approval by the responsible person of the implementing authority, and a dated Notice of Extension with the official seal of the implementing authority shall be issued to notify the applicant of the reasons for extension.

An application will not be approved in the case of one of the following:

Application materials are not authentic.

Applicant does not qualify for foreign expert status.

Other reasons for which the implementing authority deem it unsuitable to grant an applicant Foreign Expert Work Permit.

Upon making positive or negative decisions on an application, the implementing authority shall write out a dated Notice of Decision affixed with the official seal of the implementing authority. In the case of a negative decision, the implementing authority shall specify reasons in the Notice of Decision. In the case of a positive decision, the implementing authority shall, within 10 days after making the decision, issue and serve the Foreign Expert Work Permit prepared and printed by SAFEA.

Upon issuing Foreign Expert Work Permit, the implementing authority shall affix the Permit with its official seal and the signature of the authorized person of the implementing authority.

VI. Others

6.1 Application for Z (Work) Visa. Foreign experts, who intend to work in P.R. China, can apply to Chinese embassies or consulates for a Z Visa by submitting the original copy of Foreign Expert Work Permit, visa notification issued by a duly authorized Chinese unit and a valid passport. Upon issuing Z visa, Chinese embassies or consulates shall keep the original copy of Foreign Expert Work Permit.

6.2 Application for Foreign Expert’s License and Residence Permit for Aliens. Foreign experts holding a Z Visa shall, within 15 days after entry into the territory of the P.R. China, apply for Foreign Expert’s License to the authority that issued the Foreign Expert Work Permit, and within 30 days after entry into the territory of P.R. China, shall apply for Residence Permit for Aliens to the local entry-exit administration by presenting Employment Visa (Z Visa) and Foreign Expert’s License.

SAFEA shall be responsible for interpreting Theses Provisions.

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