Laws of the People's Republic of China

the Ministry of Labor and Social Security

Letter of MOLSS on the Issues related to Holding Professional Qualification Certificates by Foreigners for Their Employment in China

Lao She Ting Han [2005] No.323

The offices or bureaus of labor and social securities of all the provinces, autonomous regions, and municipalities directly under the Central Government,

The Provisions on the Administration of Employment of Foreigners in China (Lao Bu Fa [1996] No.29) prescribes that any foreigner who works in China shall have the professional skill and the corresponding work experiences as are needed for undertaking his/her job. In 2000, the Ministry formulated and promulgated the Provisions on Recruiting Practicing Personnel of Technical Type of Work (Order No.6 of the Ministry of Labor and Social Security) in accordance with the Labor Law and the Professional Education Law, which requires all the personnel practicing the profession (type of work) as prescribed by the state shall have corresponding professional qualification certificate. In accordance with the Provisions, any foreigner who works in China and practices the profession (type of work) as prescribed by the state shall also have corresponding professional qualification certificate. We hereby make the following notice on relevant issues concerning foreigners' holding professional qualification certificates for their employment in China:

I.

Since the Chinese government has not reached any agreement with any government of any other country on mutually recognizing professional qualification certificate, foreigners who undertake the profession (type of work) as prescribed by the state shall have the Professional Qualification Certificate of the People's Republic of China in principle.

II.

Subject to the approval of the Ministry of Labor and Social Security, any foreigner who undertakes the profession (type of work) with foreign characteristics in China, for example, western style cook, western style pastry-cook, and etc., may work or hold a post in China upon the strength of the professional qualification certificate issued by the government of his/her own country or industry association. The certificate shall be subject to the notarization of the notarial office of his/her own country, and the notarial certificate shall be in Chinese or English.

III.

Foreigners are allowed to take the Professional Qualification Examination (only Chinese Examination Paper shall be provided) within China, and all the localities shall provide corresponding services for their taking the examination.

General Office of the Ministry of Labor and Social Security

September 13, 2005