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Employment Permit Application for Foreign Citizens

Updated:2014-12-29  CLOSE

I.    Item Overview

1.    Item Name: Employment Permit for Foreign Citizens

2.    Responsible Authority: Administrative Examination and Approval Division of Chengdu Human Resources and Social Security Bureau

3.    Service Window: Counter 11-14, 3 FL, Chengdu exit and entry service center, No. 2, Renmin West Rd, Chengdu Qingyang district.

4.    Statutory Time Requirement: within 30 working days

5.    Promised Time Requirement: within 12 working days

6.    Standards for Administrative Charges: free of charge

7. Inquiry Hotlines: 028-62377790, 028-62377273

8. Complaints Hotlines: 028-61888298

II.    Legal Basis

1.    Appendix to State Council Decision on Necessity to Retain Item of Administrative Examination for Administrative Approval (Decree No. 412 of
 
the State Council, 2004), item No. 93 - Employment Permit for Foreign Citizens.

2.    Article 12 of the Regulations on the Administration of Foreign Citizen Employment in China (LBF[1996] No.29), jointly promulgated by the former Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs and the former Ministry of Foreign Trade and Economic Cooperation: "after approval by the Authority in Charge of the Industry, an employing organization shall take the application form to the labor administration authority of the province, autonomous region or municipality or the governmental body at the regional and municipal level authorized by such authority where the employing organization is located and carry out the Application Procedures. The labor administration authority of the province, autonomous region or municipality or the governmental body at the regional or municipal level authorized by such authority shall designate a specialist authority (hereafter "Permit Issuing Authority") to be specifically responsible for the issue of Permits. The Permit Issuing Authority shall carry out approval in accordance with the opinions of the Authority in Charge of the Industry and situation in respect to the demands of the labor market, and shall issue a Permit to the employing organization after approval."

3.    Notice from Sichuan Human Resources and Social Security Department about Further Improving Management for Foreigners Working in Sichuan Province (CRSBF[2011] No. 511).

III.    Application Conditions

1.    The position for which a foreigner is being hired by the employing organization shall be a position for which there are special requirements, for which there is a temporary shortage of suitable candidates inside China and which does not violate relevant state regulations.

2.    Foreigner who will be hired must satisfy the following conditions:

a.    Be 18 years of age or above and in good health.

b.    Have the expertise and relevant work experience required for their work;

c.    Have no criminal record.

d.    Have a confirmed organization of employment.

e.    Have a valid passport or other international travel documents which can be substituted as a passport (hereafter "Passport Substitute Documents").

IV.    Application Materials

1.    The foreign candidates’ resume (since 18 years old, continuous, complete and legal. The employer’s full name, the position, job description, which country the candidate worked in, if in China, the location shall specify to the city. )

2.    Letter of employment intent.

3.    Application Form for the Employment of a Foreign Citizen

4.    Evidence of the education and work experience of the proposed foreign employee.

5.    Evidence of the qualifications of the proposed foreign employee to engage in such work (the original to be inspected; duplicate copy and corresponding Chinese translation to be submitted).

6.    Evidence of the state of health of the proposed foreign employee (the original to be inspected; duplicate copy to be submitted; if the foreigner has not yet enter China yet, these documents can be submitted when applying for "Employment Permit for Foreign Citizens").

7.    Passport of the proposed foreign employee (the original to be inspected; duplicate copies of first page and visa page to be submitted; if the foreigner has not yet enter China this requirement can be waived).

8.    The approval by the Authority in Charge of the Industry; (waived for enterprises with foreign investment or employers who are at the central government level or without a relevant Authority in Charge of the Industry);
 
9.    Business license or other corporate/legal registration documents and Code Certificate of employer (relevant approval certificates also are required if employing organization has foreign investment or if involves in licensed operation) (original to be inspected; duplicate copy to be submitted).

10.    For those foreigners who’s already worked in China and are likely to transfer to new employer, shall submit the cancellation letter of Employment Certificate which issued from former Accreditation Authority. (submit the photocopy, check the original on site)

Note: All the listed materials above shall provide Chinese translation from professional translation organization and chopped accordingly. All application paperwork need 1 set for 1 application.

V.    Application Procedures

The employer shall apply Work License for foreigners through online work system which is for foreigners and Taiwan, Macao, Hongkong people. At the meanwhile, the progress can be updated and checked through the online system by the specific employer for relative foreigners’ application.

1.    Employer’s online account application procedures:

Employers submit below paperwork to Chengdu Foreign  Experts bureau:

a.    Employer’s registration application form (pls download from Foreign Experts bureau website -“document download”section)

b.    Business License duplicate, Organization code duplicate, legal representative certificate, Foreign invested enterprise approval certificate or Foreign (district) Representative organization registration certificate (check  the original while submit the copy.) For those who doesn’t have legal entity such as branch office shall submit the original authorization letter and the photocopy of above mentioned head office’s document) ID copy of legal representative.
Once approved by Chengdu Foreign Experts bureau, the employer will obtain its online account and password. Then the online application for Foreigners and Taiwan, Hongkong, Macao can be submitted through the account.

Processing time: 5 working days when all application materials are complete, without any special occasion.

2.    Foreigners’ Employment Permit online application procedures:

a.    The employers log onto the website through Chengdu Foreign Experts bureau website for online application or through the working guidance.

b.    Once access into the system main page, please click “foreigners employment permit application” in menu so it’s going to direct to application page.

c.    Fill out the basic information .(Note: please fill other additional information besides the * asterisk)
 
d.    Fill out the application information for Foreigners’ Employment Permit. Upload the document, confirm all information without any mistakes, click “submit” to complete pre-application for Foreigners’ Employment Permit.

3.    Paperwork submission

Upon completion of online pre-application, the employer shall submit all application paperwork to the counter of Chengdu Foreign Experts bureau according to relevant regulation. When all application documents are complete and accurate, it will be accepted and issue “Application receipt notice”; When the application documents are incomplete nor compliance with required format, it shall be notified on spot or notified to the applicant all necessary documents or corrections at once within 5 days.

4.    Verifying

Chengdu Foreign Expert Certificate bureau will process the verification  of application materials, for those who meet the requirements, “Foreigners’ Employment Permit” shall be granted to issue; for those who don’t meet the requirements, no grants will be given. The employer will be told the rejection reason within processing period.

5.    Collect the Foreigners’ Employment Permit

The foreign agent from the employer shall collect it from the counter of Chengdu Foreign Expert bureau with original ID and “Application receipt notice”.
 
VI.    Remarks

1.    Related samples (please see attachment)

2.    Official website of Government Affairs Service Center of Chengdu Municipal People's Government: http://www.cdzw.gov.cn

3.    Official website of Chengdu Human Resource and Social Security Information: http://www.cdhrss.gov.cn/ Attachment: the related samples

Attachment 1:

Reasons for Employing Foreign Citizen Chengdu Human Resources and Social Security Bureau:
Our company is an organization of status/classification (must be same as status/classification indicated on Business License), mainly engaged in the business of______. For the reason(s) of______, our company intends to employ Mr./Mrs./Ms./Miss from the nation of______. He/She will work in the position of______, and mainly be in charge of duties including . Mr./Mrs./Ms./ Miss from the nation of has previously worked as a______ , and is well experienced in the areas of______ . For the above reason(s), our company would like to employ this person and hereby apply for and politely request an Employment Permit for Foreign Citizen on his/her behalf.
 

Applying organization: (official seal)


Date (mm/dd/yyyy):


Attachment 2:

Report on Application for Employment Permit for Foreign Citizens (for Legal Representatives or Investors)

Chengdu Human Resources and Social Security Bureau:


Our company is an organization of status/classification (must be same as status/classification indicated on Business License), mainly engaged in the business of     (must be same as area of operation indicated on Business License). Our company's Legal Representative (or Investor), Mr./Mrs./Ms./Miss from the nation of will work in the position of , and mainly be in charge of duties including .

For the above reason(s), our company would like to employ this person and hereby apply for and politely request an Employment Permit for Foreign Citizen on his/her behalf.

Applying organization: (official seal) Date (mm/dd/yyyy):


Attachment 3:

Letter of Intent for Employment
 

Party A: Company


Party B: Mr./Mrs./Ms./Miss from the nation of .After an amicable discussion between the two Parties, the following agreement have been reached:

1.    Party A is willing to lawfully and legally employ Part B for the position of , mainly in charge of duties including . Party B is willing to lawfully and legally work under the employment of Party A.

2.    Party A is responsible for processing the related application and procedures for Party B, and Party B is responsible for cooperating with Part A in this regard.

3.    After Party B's Employment Permit has been produced, the two Parties will lawfully and legally sign a Labor Contract.

Party A: Employing organization (official seal) Party B: (signature)


Date (mm/dd/yyyy):