New visa laws and air pollution make it increasingly difficult to attract and retain foreign talent, according to the American Chamber of Commerce’s 2014 Business Climate Survey Report. Continue reading “Visa Laws, Pollution Complicate China’s Search for Foreign Talent”
Nominations for Friendship Awards (友谊奖) are due by April 18. The awards, granted by China’s State Administration for Foreign Expert Affairs, will be conferred as part of the celebrations for National Day (Oct. 1). Continue reading “Nominate a Foreign Expert for a “Friendship Award””
What are the tax and visa issues that arise when an expat working in China is paid partly from the China entity’s payroll and partly from the foreign payroll? The China Law Blog has an insightful post on this. Continue reading “Dual Employment Contracts for Expats in China: Beware Tax and Visa Issues”
An S1 visa and the corresponding “residence permit for private affairs” are for family members of a foreign national working or studying in China, and the applicant’s intended duration of stay must be more than 180 days. Continue reading “S1 Visa and Residence Permit for Private Affairs (China)”
This flow chart shows a typical process for applying for a Z (work) visa in China(a): Continue reading “Infographic: China Z (Work) Visa Application Flow Chart”
Reuters reports on the longer processing times for China residence permits. Under the new law, the public security bureau (PSB) exit-entry division has up to 15 working days to adjudicate a residence permit application. The problem, according to companies that employ foreigner nationals, is that PSB holds the employee’s passport during this period, so the employee has no ID for business travel. This disrupts normal business operations, impacting a company’s bottom line. Continue reading “Reuters on China’s Longer Processing Times for Residence Permits (Quoting Gary Chodorow)”
China’s new visa law has not meaningfully addressed visa policy concerns of EU Chamber of Commerce member companies, according to the organization’s 2013/14 Position Paper. Continue reading “EU Chamber of Commerce in China Position Paper on Visa Policy 2013/2014”
New visa regulations issued by China’s State Council went into effect yesterday, September 1. CCTV news interviewed immigration lawyer Gary Chodorow about how the new regulations will impact employers’ ability to attract and keep international talent. Continue reading “CCTV News on China’s New Immigration Law (Gary Chodorow Interviewed)”
The Ministry of Foreign Affairs has published a new Visa Application Form of the People’s Republic of China (Form v.2013). It should be used for all visa applications after September 1, 2013. The MFA announcement (in Chinese) is here.
Update: The State Council has issued final regulations as of July 22, 2013. Read them here.
The State Council has published draft regulations implementing the Exit-Entry Administration Law, which was enacted by the National People’s Congress Standing Committee last year and due to go into effect on July 1, 2013. Continue reading “Translation: State Council Draft Regulations Implementing the Exit-Entry Administration Law”
AmCham China has just published its 2013 White Paper. Below is a brief introduction to the chapter on US and China visa policy, which I co-authored. Check it out. Continue reading “American Chamber of Commerce-China 2013 White Paper on Visa Policy”
I missed this earlier: The European Union Chamber of Commerce in China has published a Position Paper 2012/13 with some common-sense recommendations for China visa policy: Continue reading “EU Chamber of Commerce in China Position Paper on Visa Policy 2012/2013”
(Click here to see if the rules remain in effect.) Continue reading “Rules for the Administration of Employment of Foreign Nationals in China”
Public Notice  No. 17
Oct. 31, 1994
“Notice on Curbing Illegal Employment of Foreign Nationals in China,” by the Ministries of Public Security, Labor and Foreign Affairs
To the government of every province, autonomous regions, and municipalities directly controlled by the central government:
Recently, the number of foreign employees is ever-increasing with China’s economic development and opening up. Meanwhile, illegal employment has appeared in many places. Some overseas students work without authorization and illegally reside in China, and some hotels, restaurants, and dance halls illegally employ personnel from the Philippines and the Commonwealth of Independent States as servers or as companions to customers who come to sing, to drink and to dance, or even in pornography. Illegal employment has gone from being scattered and small-scale to organized and widespread. The number of illegal employees is increasing day by day. In 1993 alone, almost 800 foreign nationals were found illegally employed and expatriated. In Shenzhen in December, 223 instances of illegal labor were uncovered in one investigation.
It violates the Law on the Entry and Exit of Foreign Nationals for foreign nationals to work illegally in China. It not only is harmful to the public security, but also brings disorder to the labor market in China, thus infringing upon the interests of Chinese. Those foreign nationals who engage in regular labor compete with Chinese citizens for jobs. So it is not helpful to the stability of the labor market.
There are four main causes of illegal work. First, many work units, even press units, have an incorrect understanding of illegal employment of foreign nationals. They incorrectly believe that illegal employment is a normal phenomenon created by the reform and opening up policies, so they don’t support the public security and labor departments’ regulations, or even intervene in law enforcement. Second, some units that issue invitation letters and issue visas do not check strictly, and import laborers blindly. Third, some hotels, restaurants and recreational sites employ foreign nationals illegally in spite of laws and regulations in order to pursue economic benefits. Fourth, to get excessive profits, some units and persons import labor and introduce foreign nationals to work in China illegally.
In recent years, local public security bureaus have overcome difficulties, and the campaign against illegal employment has taken effect; however, there are still many problems existing. In order to ensure the healthy development of the Chinese labor market and provide more opportunities to Chinese citizens as well as maintain public security, illegal employment is banned in China. The details are as follows.
First, laws regulating foreign workers and prohibiting unauthorized employment should be strictly enforced. More and more foreign laborers will come to China and work here with the improvement in China’s economy. Since we have a large population and a labor supply that surpasses our needs, we need advanced technical and managerial expertise and foreign nationals who have special skills. This should be done by reporting and obtaining the approval of the higher administrative departments. No work unit or government department branch shall bring in foreign personnel or import laborers under the false guise of “exchange” or “training.” Hiring foreign nationals to provide general services such as servers or hostesses is also prohibited. Foreign nationals are also prohibited from providing massage to the opposite sex or performing in transsexual shows, etc.
The units that are authorized to issue visas shall strictly conform to Chinese regulations. They shall not send invitations to those foreign nationals who provide general services in China. Violations of the regulations will be strictly dealt with. In cases of serious violation, a unit’s right to issue invitation letters will be terminated and that party will face liability.
Second, management of foreign employees will be based on their identity and reason for coming to China. Anyone who comes to hold an office or work here shall first acquire work visas, except those personnel whose countries have signed the visa waiver agreements with China. Those who hold the travel, visitor’s, study abroad, transit, or flight attendant visa or those who are from the countries that have signed visa waiver agreements with China shall not work without permission, and any unit shall not employ them without authorization.
The following persons who need to be permanently stationed in China shall enter China with a Z visa and acquire a residence certificate, including a foreign chairman of board, vice chairman, managing director, deputy managing director, factory director, factory vice-manager of Sino-foreign JV, equity JV and wholly foreign owned entity (WFOE) and foreign chief representatives, representatives and deputy representatives of the resident representative offices of overseas companies. If another kind of visa is held, and it’s necessary to be permanently stationed in China, then in principle, the practice is that they need to exit and acquire the work visa and then re-enter China. In the special situation where the foreign national’s status must be changed, several relevant evidentiary materials such as the approval document, registration documents, business license, and representative certificate of the Sino-foreign JV, equity JV, WFOE or resident representative offices of overseas companies are required. After checking those documents, public security bureau may change the foreign national to a work visa and issue a residence certificate.
Third, those who do not acquire residence certificates shall leave the country on schedule, and shall not work in China. Where there’s a special need, they can apply for authorization to work in China after getting the approval of provincial or higher department in charge. If the labor and public security departments agree, the labor department can issue an employment permit, with public security department changing the type of visa and issuing a residence certificate.
Foreign students are not allowed to work illegally in China, and must leave after graduation on schedule.
Fourth, the departments of public security, labor and foreign affairs must cooperate, communicate and coordinate with each other to regulate the employment of foreign nationals in China. Propaganda shall be strengthened so that the public can know and obey the rules, and departments shall provide oversight. The labor department shall check and issue the employment permit by strictly conforming to Chinese regulations. The public security department shall investigate and deal with the legal employment of foreign nationals in coordination with the departments of labor and foreign affairs. In particular, intermediary units and persons that illegally introduce work to foreign nationals shall be harshly treated, with any illegal gains confiscated. Where the situation is serious and consistent defiance of regulations exists despite prior warnings, harsher penalties will be carried out. The campaign against illegal employment has been very effective this year. Anyone who is found being illegally employed shall be promptly repatriated back to his mother country. The employing work unit is liable for the fees needed to repatriate illegal employees.
Governments in every province, autonomous region and municipalities directly controlled by the central government shall require their departments of public security, labor and foreign affairs to formulate detailed measures and strengthen supervision and inspections, as well as provide funds for the oversight of foreign workers.
公安部 劳动部 外交部
Below is the text of the Regulations on Administration of Registration of Resident Offices of Foreign Enterprises, issued by the State Council of the People’s Republic of China on Nov. 19, 2010. (Source) Continue reading “Translation: Regulations on Administration of Registration of Resident Offices of Foreign Enterprises”
Ministry of Labor General Office Notice Regarding Implementing the “Regulations on the Management of Employment of Foreigners”
Labor Order  No. 65
Apr. 19, 1996
American Chamber of Commerce-China is holds a Q&A with the Public Security Bureau (PSB) Exit-Entry Administration in Beijing on Aug. 14. It’s a good opportunity to ask questions about China’s new Exit-Entry Administration Law, passed June 30, and about the summer visa crackdown. This is a members-only, off-the-record event. RSVP, or if you can’t make it, let me know if you have questions to pose.
Shanghai Daily reports that hiring Filipino domestic workers is popular in the city. They’re apparently “well-known” by wealthy Shanghainese and expats “for their English and housekeeping skills.” Continue reading “Filipino Domestics Working Without Authorization in Shanghai”
See our firm’s attached article on the Exit-Entry Administration Law enacted June 30 by the National People’s Congress Standing Committee. This is the first overhaul of China’s immigration law since 1985.
China’s Exit-Entry Administration Law was enacted by the National People’s Congress on June 30th, 2012. The government’s official translation is reproduced below.