Documents you need to legally work in China (EEAL 41; RAEFC 8)

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Do not start working without the documents you need to be legal. Except for some outlying cases - think oil drilling platform workers, musicians and actors giving commercial performances, diplomats, etc. - “foreigners” who work in China need to have both a work permit (WP) and a residence permit for work (RPw) to work legally. The WP is a card with your picture and a QR code on it. The RPw is a sticker in your passport. You can learn more about these and how they relate to the Z visa here. And you can learn about who should hold on to these documents while you are working in China here.

Exit Entry Administration Law (EEAL)

Article 41

Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.

The administrative measures for foreigners working in China shall be stipulated by the State Council.

第四十一条 

外国人在中国境内工作，应当按照规定取得工作许可和工作类居留证件。任何单位和个人不得聘用未取得工作许可和工作类居留证件的外国人。

外国人在中国境内工作管理办法由国务院规定

Entry Exit Administration Law

http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553532.htm

中华人民共和国出境入境管理法

http://www.gov.cn/flfg/2012-06/30/content_2174944.htm

Rules for the Administration of Employment of Foreigners in China (RAEFC)

Article 8

Foreigner seeking employment in China shall hold the Employment Visas for their entry (In case of agreement for mutual exemption of visas, the agreement shall prevail.), and may work within Chinese territory only after they obtain the Employment Permit for Foreigner (hereinafter referred to as the “Employment Permit”) and the foreigner residence certificate.

Foreigners who have not been issued residence certificate (i.e. holders of F, L, C or G type visas), and those who are under study or interim programs in China and the families of holders of Employment Visas shall not work in China. In special cases, employment may be allowed when the foreigner changes his status at the public security organs with the Employment License secured by his employer in accordance with the clearance procedures, under these Rules the foreigner changes his status at the public security organs with the Employment License and receives his Employment Permit and residence certificate.

The employment in China of the spouses of the personnel of foreign embassies, consulates, representative offices of the United Nations System and other international organizations in China shall follow the Provisions of Ministry of Foreign Affairs of the People’s Republic of China Concerning the Employment of the Spouses of the Personnel of Foreign Embassies, Consulates and the Representative Offices of the United Nations System in China and be handled in accordance with the clearance procedures provided for in the second paragraph of this article.

The Employment License and the Employment Permit shall be designed and prepared exclusively by the Ministry of Labor.

第八条 

在中国就业的外国人应持Z字签证入境(有互免签证协议的，按协议办理)，入境后取得《外国人就业证》(以下简称就业证)和外国人居留证件，方可在中国境内就业。

未取得居留证件的外国人(即持F、L、C、G字签证者)、在中国留学、实习的外国人及持Z字签证外国人的随行家属不得在中国就业。特殊情况 ，应由用人单位按本规定规定的审批程序申领许可证书，被聘用的外国人凭许可证书到公安机关改变身份，办理就业证、居留证后方可就业。

外国驻中国使、领馆和联合国系统、其他国际组织驻中国代表机构人员的配偶在中国就业，应按《中华人民共和国外交部关于外国驻中国使领馆和联合国系统组织驻中国代表机构人员的配偶在中国任职的规定》执行 ，并按本条第二款规定的审批程序办理有关手续。

许可证书和就业证由劳动部统一制作。

Rules for the Administration of Employment of Foreigners in China

(note this translation does not incorporate 2017 revisions thus numbering is off after Art. 13)

http://english.www.gov.cn/services/work_in_china/2018/08/02/content_281476245886934.htm

外国人在中国就业管理规定

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/gz/201704/t20170413_269433.html

Translation & Editing by Reliant

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