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112

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

5.5 Short-Term Work in China

On November 6, 2014, China’s Ministry of Human Resources and Social Security (MHRSS) released

a circular on the visa requirements for foreigners coming to China for short-term work. The circular

was issued jointly with the Ministries of Public Security, Foreign Affairs and Culture, and entered

into force on January 1, 2015.

The regulations only apply to foreigners coming to China for no more than 90 days. Foreigners

coming to China to work for more than 90 days must follow the regular procedures.

The new rules further clarify the visa types that apply to short-term visits to China. For short-term

trips, the main distinguishing factor is whether an activity is considered short-term work:

The visa procedure for short-term work is as follows:

Step-1: Applying for Employment License (or Approval Letter from the Cultural Department

for commercial shows) and Short-TermWork Certificate

Foreigners who are traveling to China for short-term work, other than engaging in commercial

shows, need to apply for an Employment License and Short-TermWork Certificate from the provincial

or authorized-municipal Human Resources and Social Security Bureau (HRSSB). The following

documents are required:

• Photocopies of the domestic partner’s Registration Certificate and Organization Code.

• A contract between the Chinese and foreign enterprise, a project contract etc.

• Resume of the foreigner.

• Valid passport.

• Copies of relevant certifications (applicable to foreigners coming to China for technical or

professional work).

• Additional documents required by the approving authorities.

Foreigners coming to China for commercial shows need to apply for the Approval Letter from the

Cultural Department where the first show is held. The letter of approval is the equivalent of an

Employment License and will be marked as ‘Foreign Related For-Profit Show or Performance for

Commercial Ends’. For foreign performers who shall stay in China for less than 90 days, the Cultural

Department will issue the Short-TermWork Certificate. To be noted, for commercial shows held at

more than one location, there is no need to apply for separate approval letters from each Cultural

Department.