Decree [2001] No.336 of the State Council The Regulation of the People's Republic of China on the Administration of Insurance Companies with Foreign Investment has been passed at the 49th executive meeting of the State Council on December 5, 2001 and is hereby promulgated for implementation as of February 1, 2002.Premier of the State Council: Zhu Rongji December 12, 2001(11-26 10:47) 
 

Chapter I General Provisions
Article 1
These Provisions are hereby formulated in accordance with stipulation in relevant laws andregulations to enhance management of employment of foreigners in China.

Article 2
The foreigners as referred to in these Provisions refer to persons who do not have Chinesenationality as stipulated in the Nationality Law of the People's Republic of China. The term of"employment of foreigners in China" as used in these Provisions refers to the behaviour of engagingin social labour and receiving remunerations in accordance with law by foreigners who have notobtained permits to reside in China.

Article 3
These Provisions are applicable to foreigners working inside China and units employingforeigners. These Provisions are not applicable to persons enjoying diplomatic prerogatives and immunity, such as those working in foreign embassies and consulates in China, UN representativeoffices in China, and other international organizations stationed in China.

Article 4
The labour administrations under the people's governments at the provincial, autonomous regional and municipal level and those at the prefectural level shall take charge of management of the employment of foreigners in China.

Chapter II Employment Permission

Article 5
Units that employ foreigners shall apply for employment permission for these foreigners and shall employ foreigners only after obtaining Certificates of the People's Republic of China
Permitting the Employment of Foreigners (hereinafter referred to as certificates of permission).

Article 6
The posts which employing units decide to fill with foreigners shall be those in special need and which can not be taken up by domestic candidates for the time being. Moreover, no relevant state provisions shall be violated in the while.
No units shall employ foreigners to engage in cultural performances with a business character, except for those conforming with stipulations in Paragraph 3 of Article 9 of these Provisions.

Article 7
Foreigners seeking employment in China should meet the following qualifications:
(1) having reached the age of 18 and being healthy;
(2) possessing the professional skills needed for and corresponding work experiences in the work to be taken up;
(3) free from criminal records;
(4) having specific employer units;
(5) possessing valid passports or other international travel documents that can replace passports (hereinafter referred to as passport substitutes).

Article 8
Foreigners seeking employment in China shall enter China on the strength of occupation visas (or in line with agreements on mutual exemption of visas if such agreements have been reached) and can get employed only after obtaining Employment Certificates for Foreigners (hereinafter referred to employment certificates) and residential documents for foreigners.
Foreigners who have not obtained residential documents (namely, those holding, F, L, C, and G visas), foreigners studying or doing field work in China, and the dependents of foreigners holding occupation visas shall not be employed in China. In special cases, employing units shall apply for certificates of permission according to the examination and approval procedures stipulated in these Provisions, and the foreigners to be employed shall change their status at public security departments on the strength of these certificates of permission, and obtain employment certificates and residential documents before they become employed.
The employment of the spouses of the persons in foreign embassies and consulates, in UN organizations, and in the representative offices of other international organizations in China shall be handled according to the Provisions of the Ministry of Foreign Affairs of the People's Republic of
China on the Employment of the Spouses of the Persons Working in Foreign Embassies, Foreign
Consulates, and UN Organizations in China, with relevant proceedings to be completed in line with the examination and approval procedures stipulated in Paragraph 2 of this article.
Certificates of permission and employment certificates shall be prepared by the Ministry of
Labour in a unified way.

Article 9
Foreigners meeting one of the following qualifications can be exempted from certificates of permission and employment certificates:
(1) Foreign experts and management personnel engaged with funds directly from the Central Government or with funds from State organs or institutional units, foreign experts and management personnel with senior professional titles or certificates of special skills acknowledged by authoritative technical management departments or trade associations of their home countries or international organizations, and foreigners carrying Certificates of Foreign Experts issued by the Administration of Foreign Experts.
(2) Foreign labourers with Permits for Foreigners to Engage in Offshore Oil Operations in the People's Republic of China who are engaged in offshore oil operations and do not have the need to land, and who have special skills.
(3) Foreigners putting on art performances of a business character on the strength of Permits for Temporary Performances of a Business Character as approved by the Ministry of Culture.

Article 10
Foreigners meeting any of the following qualifications can be exempted from obtaining certificates of permission and can directly apply, upon entry into China, for employment permits on the strength of occupation visas and other relevant certificates:
(1) Foreigners who are employed to work in China according to agreements and protocols signed between China and foreign governments or international organizations, or who are employed to implement Sino- foreign cooperative projects or projects of exchanges.
(2) Chief representatives and representatives of the residential offices of foreign enterprises in China.

Chapter III Application and Examination and Approval

Article 11
Units employing foreigners shall fill Application form for Employing Foreigners (hereinafter referred to as the Application), file applications to departments in charge of their respective trades at the same level of departments in charge of their labour management (hereinafter referred to as departments in charge of respective trades), and present the following documents in validity:
(1) Resume of the foreigners to be employed.
(2) Letter of employment intent.
(3) Explanation of reasons for the employment.
(4) Certificates qualifying the foreigners for the work.
(5) Health certificates of the foreigners to be employed.
(6) Other documents required by laws and regulations.
Departments in charge of respective trades shall carry out examination and give approval in line with stipulations in Article 6 and Article 7 of these Provisions and other relevant laws and regulations.

Article 12
After approval by departments in charge of respective trades, employer units shall go through verification procedures with labour administrations at the provincial, autonomous regional and municipal level or with authorized labour administrations at the prefectural level at their locations, carrying with them the application forms. Labour administrations at the provincial, autonomous regional and municipal level or authorized labour administrations at the prefectural level shall appoint special organs (hereinafter referred to as certificate issuing departments) to take specific charge of the work of the signing and issuance of certificates. Certificate issuers shall carry out verification according to the opinions put forward by departments in charge of respective trades and the supply and demand situation at the labour market, and issue certificates of permission to employer units after verification.

(For more biz stories, please visit Industry Updates)