shrink是什么意思外国人在中国就业管理规定(英文版)

2021年1月19日发(作者：卷标)
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 People's Republic of China on 22 January 1996
）





Chapter l General Provisions




Article 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 China



Article
2
The
term

these
Rules
refers
to
the
persons
，
who
under
the Nationality Law ont1e People's Republic of China, do not have Chinese
nationality
．
The term
to
acts
of
foreigners
without
permanent
residence
status
to
engage
in
remunerative
work within Chinese territory in accordance with it laws
．




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
organizations
in
China
．




Article 4 The labour administrative authorities of the people's 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 employment of foreigners China.



Chapter II Employment License




Article
5
The
employer
shall
apply
for
the
employment
permission
if
it
intends
to
employ
foreigners
and
may
do
so
after
obtaining
approval
and
The
People's
Republic
of China Employment License for Foreigners
（
hereinafter referred to as the




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 commercialized 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
the
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



Article 8 Foreigners seeking employment in China shall hold the Employment
Visas
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
the
Permit
）
and the foreigner residence certificate Foreigners who have 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 public 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 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 People's Republic of China Concerning the Employment of
the
Spouses
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 designed 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 those 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 China's Bureau of Foreign
Expert
Affairs
；

（
2
）
foreign
workers
with
special
skills
who
wok
in
offshore
petroleum
operations without the need to go ashore for employment and hold
Foreign Personnel Engaged in the Offshore petroleum Operations in the people's
Republic of China
；

（
3
）
foreigners who conduct commercialized entertaining
performance with the approval of the Ministry of Culture and hold
Temporary Commercialized Performance



Article 10 Foreigners may be exempted from the Employment License and may
apply directly for the Employment Permit by presenting their Employment Visas and
relevant papers after their entry entry when they meet any of the following
conditions:
（
1
）
foreigners employed in
China under agreements or accords entered
into by the Chinese government with foreign governments or international
organizations for the implementation of Sino-foreign projects of cooperation and
exchange
；

（
2
）
chief
representatives
and
representatives
of
the
permanent
offices
of foreign enterprises in China.




Chapter III Application and Approval




Article
11
The
employer
When
intending
to
employ
a
foreigner
，
stall
fill
out
the Application Form for the Employment of Foreigners
（
hereinafter referred to as
the
Form
）
and
submit
it
to
its
competent
trade
authorities
at
the
same
level as the labour administrative authorities together with the following
documentations
：

（
1
）
the curriculum vitae of the foreigner to be employed
；

（
2
）
the
letter
of
intention
for
employment
；

（
3
）
the
report
of
reasons
for
employment
；

（
4
）
the
credentials
of
the
foreigner
required
for
the
performance
of
the
job
；

（
5
）
the
health
certificate
of
the
foreigner
to
be
employed;
（
6
）
other
documents
required
by regulations
．
The competent trade authorities shall examine and approve the
application in accordance with Arides 6 and 7 of these Rules and relevant laws and
decrees.



Article
12
After
the
approval
by
the
competent
trade
authorities
，
the
employer
shall take the Application Form to the labour administrative authorities of the
province
，
autonomous region or municipality
directly under the Central
Government
or
the
labour
administrative
authorities
at
the
prefecture
and
city
level
where
the
said employer is located for examiexamination and clearance
．
The labour
administration authorities described above shall designate a special body
（
hereinafter
referred
to
as
the
Office
to
take
up
the
responsibility
of issuing the Employment License
．
The Certificate Office should take into
consideration
of
the
opinions
of
the
competent
trade
authorities
and
the
demand
and
supply of labour market
，
and issue the Employment License to the employer after
examination and clearance.



Article
13
Employers
at
the
Central
level
or
those
without
the
competent
trade
authorities
may
submit
their
application
directly
to
the
Certificate
Office
of
the
labour administrative authorities for the Employment Permit. The examination and
approval by the competent trade authorities is not required for foreign-funded
enterprises
to
employ
foreigners
，
and
such
enterprises
may
submit
their
applications
directly
to
the
Certificate
Office
of
the
labour
administrative
authorities
for
the
Employment License
，
bringing with them the contract, articles of association,
certificate of approval, business license and the documentation referred to in
Article 11of these Rules.



Article
14
Employers
with
permission
to
employ
foreigners
shall
not
send
the
Employment License nor the letter of visa notification directly to he foreigners
to be employed1and they must be sent by the authorized unit.



Article 15 Foreigner with permission to work in China should apply for
Employment Visas at the Chinese embassies
，
consulates and visa offices, bringing
with them the Employment License issued by the Ministry of Labour
，
the letter or
telex of visa notification sent by the authorized unit and the valid passport or
Travel
Document.
Personnel
referred
to
in
Article
9
（
1
）
of
these
Rules
should
apply
for the Employment Visas by presenting their letter or telex of visa notification
by authorized unit
；
personnel referred to in Article 9
（
2
）
should apply for the
Employment Visas by presenting their letter or telex of visa notification issued
by the China National Offshore Oil Corporation; personnel referred to in Article9
（
3
）
should apply for the Employment Visas by presenting their letter of telex of
visa notification issued by the foreign affairs, office under the people's
government of privinces, autonomous regions or municipalities directly under the
Central
Government
and
the
relevant
documents
of
approval
of
the
Ministry
of
Culture
(addressed
to
the
Chinese
embassies
，
consulates
or
visa
offices).
Personnel
referred
to
in
Article
10
（
1
）
of
these
Rules
should
apply
for
the
Employment
Visas
by
presenting
their
letter
or
telex
of
visa
notification
by
authorized
unit
and
the
documentation
on projects of cooperation and exchange
；
personnel referred to in Article 10
（
2
）
should apply for the Employment Visas by presenting their letter or telex of visa
notification by the authorized unit and the registration certification issued by
the administrative authorities of industry and commerce