1、 = 外国人在中国就业管理规定英文版 外国人在中国就业管理规定英文版 RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA(Promulgated jointly by the Ministry of Labour, Ministry of public Security,Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation of the Peoples Republic of China on 2
2、2 January 1996)Chapter l General ProvisionsArticle 1 These Rules are formulated in accordance with the provisions of the relevant laws and decrees for the purpose of strengthening the admiministration of employment of foreigners in ChinaArticle 2 The term foreignersin these Rules refers to the perso
3、ns,who under the Nationality Law ont1e Peoples Republic of China, do not have Chinese nationality. The term employment of foreigners in China in these Rules refers to acts of foreigners without permanent residence status to engage in remunerative work within Chinese territory in accordance with it l
4、aws. Article 3 These Rules shall apply to employed foreigners within Chinese territory and their employers. These Rules shall not apply t。foreigners who enjoy diplomatic privileges and immunities employed by foreign embassies or consulates,or the offices of the United Nations and other international
5、 organizations in China.Article 4 The labour administrative authorities of the peoples govemmer1t of the provinces,autonomous regions and municipalities directly under the Central Government and those at the prefecture and city level with their authorization are responsible for the administration of
6、 employment of foreigners China. Chapter II Employment LicenseArticle 5 The employer shall apply for the employment permission if it intends to employ foreigners and may do so after obtaining approval and The Peoples Republic of China Employment License for Foreigners(hereinafter referred to as the
7、Employment License). Article 6 The post to be filled by the foreigner recruited by the employer shall be the post of special need,a post that cannot be filled by any domestic candidates for the time being but violates no government regulations No employer shall employ foreigners to engage in commerc
8、ialized entertaining performance, except for the persons qualified under Article 9(3)of these Rules. Article 7 Any foreigners seeking employment in China shall meet the following conditions: (1)18 years of age or older and in good health (2)with professional skills and job experience required for th
9、e work of intended employment; (3)with no criminal record; (4)a clearly-defined employer; (5)with valid passport other international travel document in lieu of the passport(hereinafter referred to as the Travel DocumentArticle 8 Foreigners seeking employment in China shall hold the Employment Visas
10、for thew entry(In case of agreement for mutual exemption of visas,the agreement shall prevail.), and may wok within Chinese territory only after they obtain the Employment Permit for Foreigner(hereinafter referred to as theEmployment Permit)and the foreigner residence certificate Foreigners who have
11、 not been issued residence certificate (i.e. holders of F,L,C or G-types visas),and those who are under study or interim programs in China and the families of holders of Employment Visas shall not work in China.In special cases,employment may be allowed when the foreigner changes his status at the p
12、ublic security organs with the Employment License secured by his employer in accordance with the clearance procedures1under these Rules foreigners changes his status at the public security organs with the Employment License and receives his Employment permit and residence certificate. The employment
13、 in China of the spouses of the Personnel of foreign ernbassies, consulates,representative offices of the United Nations System and other international organization in China shall follow the Provisions of Ministry of Foreign Affairs of the Peoples Republic of China Concerning the Employment of the S
14、pouses of the Personnel of Foreign Embassies,Consulates and the Representative Offices of the United Nations System in China and be handled in accordance with the clearance procedures provided for in the second paragraph of this article. The Employment License and the Employment Permit shall be desi
15、gned and prepared exclusively by the Ministry of Labour. Article 9 Foreigners may be exempted from the Employment License and Employment permit when they meet any of the following conditions: (1)foreign professional technical and managerial personnel employed directly by the Chinese government or th
16、ose with senior technical titles or credentials of special skills recognized by their home or international technical authorities or professional associations to be employed by Chinese government organs and institutions and foreigners holding Foreign Expert Certificate issued by Chinas Bureau of Foreign Expert Affairs;
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