Date(s) - Jan 6, 2017
2:00 pm - 5:00 pm
This training will provide up-to-date information about China’s implementation on the State Administration of Foreign Expert Affairs’ Notice on Implementation of Plans for Employment Licenses for Foreigners Coming to China for Work《国家外国专家局关于印发外国人来华工作许可制度试点实施方案的通知》; and the Ministry of Commerce’s Interim Measures on Record-filing Administration for the Establishment and Alteration of Foreign-Invested Enterprises《外商投资企业设立及变更备案管理暂行办法》. The target audience is HR managers and foreigners working, investing, or doing business in China.
I. New Policies on Foreigners’ Employment in China
- The Human Resources and Social Security Bureau will work with the Foreign Experts Administration Bureau on formulating policies on foreigners working in China. The Foreign Experts Administration Bureau will be responsible for implementation.
- The existing Foreign Expert’s License 《外国专家来华工作许可证》and Employment License《外国人就业许可证书》will be merged into a unified Work License Notice《外国人工作许可通知》.
- The existing Foreign Expert Permit《外国专家证》and Work Permit《外国人就业证》will be merged into a unified Work Permit《外国人工作许可证》.
- The State Administration for Foreign Expert Affairs will maintain permanent files for each foreign worker.
Classification of workers according to a points system:
- High-level talent (Classification A): Encourage talents who are “high-level, competitive, advanced and in short supply”, and meet the demand of market.
- Professional talent (Classification B): Controlled in that must meet the requirements of the catalog of foreign employment guidance in China and position requirements.
- Ordinary workers (Classification C): limited authorization to engage in temporary, seasonal, non-technical, or service work.
Timetable of new policy’s implementation:
- Trial 2016-10 to 2017-03 in Beijing, Tianjin, Hebei, Shanghai, Anhui, Shandong, Guangdong, Sichuan, Yunnan, Ningxia.
- Full operation: 2017-04-01
- Regulations during the transitional period.
New application procedures:
- Applying within China versus overseas
- Extending, changing, canceling, and replacing the employment license
- Official non-criminal record certificate in some applications can be replaced by non-criminal record commitment
- Dependent spouses are authorized to apply within China. No need to go overseas for a Z visa.
- Graduates of Chinese universities or “top 100” overseas universities do not need 2 years work experience
II. Interpretation of the New Regulation on Foreign Investment
Foreign-invested enterprises which are not engaged in industries on the “negative list” will not require pre-approval. Online record requirements must however be complied with.
About the Speaker
Liu Sen is the partner of Beijing DHH Law Firm. He holds a master’s degree in law from Dalian Maritime University, and an LL.M. from Chicago-Kent School of Law. Mr. Liu practices the rules for the administration of employment of foreigners in China, rules for the administration of exit-entry of aliens and foreign direct investment. Mr. Liu has been retained by many multinational corporations concerning foreign employees’ employment and their law disputes in China, children’s nationality conflict due to international marriage, company’s establishment through foreign investment, as well as entry of foreign capital etc.
Beijing DHH Law Firm is the head office of Deheng Law Group, one of China’s largest legal services providers. With over 800 lawyers in Beijing DHH Law Firm and Deheng Law Group. Offices spread in Beijing, Shanghai, Jinan, Qingdao, Nanjing, Handan, Zhengzhou, Taiyuan, Shenzhen, Hangzhou, Xi’an, Hainan and overseas representative offices in Hong Kong, Seoul, Berlin, Washington D.C., London and Moscow. DHH lawyers have strong professional backgrounds on legal services concerning foreign affairs and are able to provide overall law consultation and services on foreign investment as well as legal matters of foreigners in China.
Beijing DHH Law Firm, 16/F CBD International Mansion,No 16 Yongan Dongli, Chaoyang District, Beijing 100022, China
To register, please email the following information to firstname.lastname@example.org. The fee is RMB 200. We will provide instructions for paying by wire transfer, cash, Ailipay, or WeChat.