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Human Resources and Payroll in China 2016-2017 (5th Edition) -

107

Applying for Employment Permit (Work Permit)

Except for foreigners who hold the four types of documents equivalent to the alien employment

license mentioned above, the company should apply for work permits for their foreign employees

within 15 days of their entrance into China.

To apply for a work permit, the foreign employee must:

• Hold an Employment License.

• Enter into China with a Z-visa.

• Hold a health certificate issued or confirmed by an authorized medical institution.

• Have a labor contract / employment agreement with local employer, or have an income certificate

issued by overseas employer.

• Accommodation registration (after entering China, the foreigner needs to register with the police

where he/she is staying. If the individual is staying in a hotel, the hotel staff tends to do this. If you

rent an apartment, you need to take a copy of your passport and the signed rental agreement to

the nearest police station). The HRSSB or a department authorized by it is in charge of this matter.

The whole application takes about five working days.

Normally, the valid period of the work permit is up to one year. This number may be raised if the

foreigner is 1) a direct investor or legal representative of a company; 2) employed by an enterprise

which has the registered capital over USD 3 million, or 3) employed by a multinational company’s

regional headquarters in Shanghai.

In that case, the length of the Employment Permit may be extended to the length stipulated in the

employment contract, up to five years. It may not, however, exceed the validity of the employee’s

passport, the termon the company’s business license or the registration certificate of the employer.

Besides, the Employment Permit will be subject to annual review.

For foreigners switching companies during the validity of his/her alien employment permit:

• If a foreigner intends to switch employers within the region designated by the certificate-issuing

office, but to continue to engage in the same profession, approval from the original certificate-

issuing office must be obtained and the procedures to amend the Employment Permit must

then be carried out.

• If a foreigner is towork outside the region designated by the certificate-issuing office, or intends to

switch employers within the region designated by the certificate-issuing office and to engage in a

different profession, procedures for the issue of a new Employment Permit must be handled again.