How can foreigners legally work in China?

2023-09-18
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Foreigners working in China must obtain a "Foreigner Work Permit" and a work related residence permit. The former is issued by the Foreign Experts Bureau, while the latter is issued by the Entry Exit Department. If relevant employment procedures are not completed for employment, it will be considered "illegal", and foreign employees will be punished according to illegal employment and employers will be punished according to illegal employment. Legal basis: 1. Article 41 of the Exit and Entry Administration Law of the People's Republic of China stipulates that foreigners working within China shall obtain work permits and work related residence permits in accordance with regulations. No unit or individual shall hire foreigners who have not obtained work permits and work related residence permits. 2. Article 8 of the "Regulations on the Administration of Employment of Foreigners in China" stipulates that foreigners employed in China shall enter the country with a Z-visa (if there is a mutual visa exemption agreement, the agreement shall be followed), and upon entry, they shall obtain the "Foreigner Employment Permit" (hereinafter referred to as the "Employment Permit") and the foreigner's residence permit before they can work in China. Recently, it has been learned that many applicants or companies are not clear about the requirements for hiring foreign employees. In the actual handling process, these mistakes are often made: Having only applied for a 'Foreigner Work Permit' in China without obtaining a work related residence permit in accordance with regulations is considered illegal and compliant work in China. Usually occurs when the applicant already holds a long-term residence permit in China, such as a 2-year or 5-year reunion residence permit. After obtaining the "Foreigner Work Permit", due to the pressure of no visa expiration and busy work, they forget to change the type of residence permit. In addition, there is a misconception among foreign Chinese clients that applying for a 5-year reunion residence permit is much more convenient than a 1-year work-related residence permit. They believe that they have obtained a "Foreigner Work Permit" and that it does not matter if they change their residence permit. Important reminder: If you do not meet the exemption requirements, you must obtain a "Foreigner Work Permit" and a work type residence permit before you can legally obtain employment. Without any permit, it will be considered illegal. So whether to work in China or not, it is necessary to apply for a work visa to be considered a legitimate employment. The answer may not be the same. Below, we will share some visa requirements for workers in special circumstances and special assignments. The conditions and population for applying for exemption from work permits: A valid "Foreigner Employment Permit" can replace the "Foreigner Work Permit"; Foreigners who hold a "Temporary Business Performance Permit" approved by the Ministry of Culture for commercial cultural performances do not need to apply for a "Foreigner Work Permit"; Foreigners working in foreign embassies and consulates do not need to apply for a "Foreigner Work Permit"; Foreign labor personnel who hold the "Foreigners Engaging in Offshore Oil Operations Permit in the People's Republic of China" for offshore oil operations, do not require landing, and have special skills, do not need to apply for the "Foreigners Working Permit in China". To be considered legally employed, it is necessary to unify the "dual certificates". Holding two certificates (work permit+work type residence permit) from Company A and working in Company B is different from Chinese employees. Foreigners are not allowed to be dispatched, and applicants with "tax commitments" are not even allowed to pay personal income tax by professional third-party service companies, and must pay it under the employer's own name. There are many reasons for this situation, such as: Company B does not have recruitment qualifications (such as a school certificate), and can only recruit the foreign employee through qualified Company A; Or AB company has a high degree of correlation, etc., with the concept of "one child and one mother". Holding a work permit from Company A and a work related residence permit issued by Company B, for example, a foreign employee who left Company B and switched jobs to Company A. Company A helped them obtain a "Foreigner Work Permit", but Company B issued a five-year work related residence permit that year, while Company A's city could only apply for a one-year work related residence permit due to various reasons, Coincidentally, the company's personnel were not aware of the relevant policies for foreigners working in China, and after communication, they negotiated not to replace them. Important reminder: According to relevant government regulations, foreign employees must work in the same company as they handle employment procedures, and both certificates must be obtained under the name of the employer. Otherwise, they will be considered "illegal" and punished according to illegal employment and illegal employment, as well as the relevant parties and enterprise units.

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