How Foreign Invested Enterprise (“FIE”) Obtain Visa for its Foreign Employee and Introduction to PRC Foreigner Employment Manag

How Foreign Invested Enterprises (“FIE”) Obtain Visa for its Foreign Employee and Introduction to PRC Foreigner Employment Management Regulation

Foreign Invested Enterprises established in Zhuhai may consider employ foreigners. How do they help to apply visa for its foreign employees? And what they should do when the employment relationship is terminated? The summary of the application procedure is set forth as follows:

FIE intending to employ foreigners may apply for and obtain Certificate of Permission (“Permission”) directly from Zhuhai Labour and Social Security Bureau (“Zhuhai Labour Bureau”). In order to apply for the Permission, the following documents should be submitted:

1. Articles of Association;
2. Certificates of Approval; (issued by Zhuhai Foreign Trade and Economic Cooperation Bureau);
3. Business License;
4. Capital Verification Report;
5. Employment Intent letter;
6. Resume of the foreigner to be employed;
7. Explanation of reasons for the employment;
8. Certificate qualifying the foreigner for the work;;
9. Health certificate of the foreigner to be employed;
10. Certificate of no criminal record;
11. Documents otherwise required by laws and regulation.

Once FIE obtains the approval to employ foreigners, the authorization units authorized by Ministry of Foreign Affairs will issue the Visa Notice and the Permission to FIE. FIE may subsequently send the Visa Notice and the Permission to the foreigner to be employed.

The foreigner who has obtained approval to work in China may submit the Visa Notice, the Permission and the passport to Chinese embassies or consulates for applying an occupation visa. (“Z VISA”).

FIE shall, within 15 days of the entry of the foreigner it employs, apply the Certificate of Employment for the foreigner. FIE shall submit the following documents to Zhuhai Labour Bureau:

1. Certificate of Permission;
2. Labour Contract signed between FIE and the foreigner;
3. Valid passport of the foreigner;
4. Valid visa;
5. 4 photos;
6. Proof of resident place.

The Certificate of Employment is valid only in areas designed by certificate issuing department. The foreigner who has received the Certificate of Employment shall, within 30 days after entry, apply for and obtain a residence card from Zhuhai Public Security Bureau. The term of validity of residence card can be determined according to the term of validity of the Certificate of Employment.

FIE shall sign labour contract with the foreigner in accordance with law. The term of labour contract shall not be more than 5 years at the longest. Labour contract shall terminate upon the expiration of their terms and can be renewed.

The foreigner who has prolonged their term of employment in China or changed their locations of employment or employers shall go through alteration procedures with Zhuhai Public Security Bureau within 10 days of such changes.

After termination of the labour contract between FIE and the employed foreigner, FIE shall make timely reports to Zhuhai Labour Bureau and Zhuhai Public Security Bureau, return the Certificate of Employment and residence card of the foreigner.

The employed foreigner who change its employer within the location designed by the Zhuhai Labour Bureau but still engage in the same occupation shall ask for approval from the Zhuhai Labour Bureau and go through employment alteration procedures. The foreigner who accepts jobs beyond the area designated by Zhuhai Labour Bureau or changes its employer within the area designated by Zhuhai Labour Bureau but engage in different occupation shall re-apply for the employment permission.

Within 30 days of the conclusion of each full year of employment of the foreigner, FIE shall go through procedures with Zhuhai Labour Bureau for the annual check of the Certificate of Employment on behalf of the employed foreigner. The Certificate of Employment shall become invalid automatically should FIE fails to go through these procedures within the prescribed time.

Privately-owned economic organizations and individuals are forbidden to employ foreigners. Representative Offices (“RO”) set up in China must not employ employees directly and the employed personnel must be dispatched by legally established agent. The agent instead of FIE will sign labour contract and establish the employment relationship with the foreigner.

(This article is prepared for reference only and may not be construed as legal advice. Should you have any questions and comments, you are welcome to contact the author.)

Author: Helen Yan - Attorney at Law, Member of PRC Bar Association
Tel: 0756-3229508
Mobile: 13928008926
Email: yanhailing@yahoo.com