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Thread: Rules for the Administration of Employment of Foreigners in China

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[quote=JIMMYB,247301]Source: http://www.china.org.cn/english/LivinginChina/185194.htm

Chapter I

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 administration of employment of foreigners in China.

Article 2 The term "foreigners" in these Rules refers to the persons, who under the Nationality Law of the People's 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 laws.

Article 3 These Rules shall apply to employed foreigners within Chinese territory and their employers.

These Rules shall not apply to foreigner 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 labor administrative authorities of the people's government 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 in 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 "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 commercialized entertaining performance, except for the persons qualified under Article 9 (3) of these Rules.

Article 7 Any foreigner 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 or other international travel document in lieu of the passport (hereinafter referred to as the "Travel Document")

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