Laws of the People's Republic of China

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

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

Offices of Labor and Social Security of Gansu Province:

The Request for Instructions on Relevant Issues concerning the Administration of Employment of Foreigners in China (No. 86 [2005] of Gansu Provincial Department of Labor and Social Security) of your Office has been received. Upon investigation, we hereby propose the following reply opinions on the relevant issues concerning the transactions of formalities for employment of foreigners in China:

According to the Measures for the Administration of Employment of Foreigners in China (No. 29 [1996] of the Ministry of Labor and Social Security), the foreigner intending to be employed in China shall enter China with his vocational visa , obtain the "Employment Certificate for Foreigners" (hereinafter referred to as the employment certificate) with the hold of his vocational visa, and then transact the relevant formalities for foreigners' residence.

Article 8 of the Measures for the Administration of Employment of Foreigners in China provides that as for special cases, an employing entity shall apply for certificates of license pursuant to the examination and approval procedures as prescribed in the present Regulations, and the foreigner to be employed shall change his status with the hold of the certificate of license and transact the employment certificate and the residential certificate at the public security organ, and after this, he may be employed" according to the above provision, the chief representative of a foreign enterprise's permanent representative office in China may, if he enters China with his visitor visa due to establishment of the office, go to the administrative department of labor and social security to directly obtain the employment certificate with the hold of the visitor visa, and then go to the public security organ to apply for the license for residence with the hold of the employment certificate.

The General Office of the Ministry of Labor and Social Security

July 4, 2005