Regulations on the Management of Employment of Foreigners In China

1996.05.01

ministry of labour

regulations on the management of employment of foreigners in china

(promulgated by the ministry of labour on january 22, 1996)

contents

chapter i general provisions

chapter ii employment permission

chapter iii application and examination and approval

chapter iv labour management

chapter v rules on punishment

chapter vi supplementary rules

chapter i general provisions

article　1　these regulations are hereby formulated in　accordance　with stipulation　in relevant laws and regulations to enhance　management　of employment of foreigners in china.

article　2 the foreigners as referred to in these regulations　refer　to persons　who　do　not　have chinese nationality　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 regulations　refers　to the behaviour of engaging in social　labour　and receiving　remunerations in accordance with law by foreigners　who　have not obtained permits to reside in china.

article 3 these regulations are applicable to foreigners working　inside

china and units employing foreigners. These regulations　are not applicable to　persons　enjoying　diplomatic prerogatives　and immunity, such as those working in　foreign　embassies and　consulates in china, un representative offices 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　regulations 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 clause 3 of article 9 of these regulations.

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