What is supposed to happen to my permits after I resign?

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For the vast majority of foreigners working in China, one needs to have both a Work Permit (WP) and Residence Permit for Work (RPw) to work legally. One of the common questions that people have is what is supposed to happen to these permits after one resigns from a job.

The short answer is that they are both supposed to be cancelled (Rules for the Administration of Employment of Foreigners in China [RAEFC] 20). Though that is not the whole answer.

The WP cancellation is initiated by the employer and processed by the Foreign Expert Bureau (FEB) or equivalent local government body (Wai Zhuan Fa [2017] No. 36 Article 8 Paragraph 1 [1] Item 7). In this process, the worker/permit holder needs to sign at least two documents: (1) the Application Form for Cancellation of Foreigner’s WP which populates from FEB online system information; and (2) a release certificate/agreement. The Application Form is a fixed format bilingual document, but the release certificate is not. The release certificate is essentially equivalent to the the release letter (解除、终止劳动合同的证明 or colloquially 离职证明 ) in form and content, but instead of being issued by the employer to the worker, and thus only stamped by the employer, the release certificate is also signed by the worker thus indicating the worker’s agreement to/acknowledgement of the truth of the conditions described therein. That is why this version of the release letter might also be called the release agreement. Thus it is important that workers are careful about what they sign during the WP cancellation process so as not to inadvertently sign away any claims they might have against the employer. Workers should also make sure to get a signed and stamped original of any release certificate that they have signed, as it can act as the release letter.

The situation with the RPw is a bit more complicated. First, according to Exit Entry Administration Law (EEAL) Article 33, the permit holder has to report to the Exit Entry Administration (EEA) with in 10 days of of the date of change of any of the registered items in the RP to process appropriate document updates. One of those registered items is the reason or purpose for the RP and for RPw that reason is work and work tied to the employer on the WP and only that employer (RAEFC 23; EEAL 43.1). However, the way the EEA handles the enforcement of EEAL 33 varies in practice by locale. Another important point to note is that while the permit holder’s time obligation to report to the EEA is clearly defined, those for the employer are not. The employer also has obligations to return (read as meaning cancel) the WP and RPw “promptly” after a contract is terminated (RAEFC 20), and to report the resignation to the EEA in “in a timely manner” (Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners [RAEEF] 26), but there are no explicit standards for “promptly” or “timely manner.”

References

(1) RAEFC

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

(note this translation does not incorporate revisions of 2017 thus numbering is off after article 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

Article 20

After the termination of the labor contract between the foreign employee and his employer, the employer should promptly report it to the labor and public security authorities, return the Employment Permit and the residence certificate of the said foreigner, and go through formalities for his exit from China.

第二十条 

被聘用的外国人与用人单位的劳动合同被解除后，该用人单位应及时报告劳动、公安部门，交还该外国人的就业证和居留证件，并到公安机关办理出境手续。

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(2) Wai Zhuan Fa [2017] No. 36 

(Notice of the State Administration of Foreign Experts Affairs on Printing and Distributing the Service Guide for Work Permits for Foreigners in China [Interim])

Article 8 Paragraph 1 (1) Item 7

国家外国专家局关于印发外国⼈来华⼯作许可服务指南（暂⾏）的通知》

（外专发〔2017〕36 号）

https://fuwu.most.gov.cn/lhgzweb/

Article 8 Paragraph 1 (1) Item 7

If the contract is terminated early or the employment relationship is terminated, the employer shall apply to the decision-making agency for cancellation within 10 working days from the date of the matter.

第⼋条第⼀款（⼀）第7项规定

提前终⽌合同、解除聘⽤关系的，⽤⼈单位应当于事项发⽣之⽇起 10 个⼯作⽇内向决定机构申请注销。

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(3) EEAL

(Exit and Entry Administration Law of the People’s Republic of China)

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

Article 33 

The registered items of a foreign residence permit shall include name, sex, date of birth, reason for residence and duration of residence of the holder, date and place of issuance, passport number or other international travel documents number.

Where the registered item in a foreigner’s residence permit has changed, the holder shall, within 10 days from the date of change, apply to the exit/entry administration of public security organ under the local people’s government at or above the county level in the place of residence for going through the formalities for alteration.

第三十三条 

外国人居留证件的登记项目包括：持有人姓名、性别、出生日期、居留事由、居留期限，签发日期、地点，护照或者其他国际旅行证件号码等。

外国人居留证件登记事项发生变更的，持证件人应当自登记事项发生变更之日起十日内向居留地县级以上地方人民政府公安机关出入境管理机构申请办理变更。

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(4) RAEEF

(Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners)

http://cs.mfa.gov.cn/wgrlh/lhqz/lhqzjjs/t1120987.shtml

中华人民共和国外国人入境出境管理条例

http://www.gov.cn/zwgk/2013-07/22/content_2452453.htm

Article 26

Upon discovery of one of the following circumstances, the entity that employs a foreigner or admits a foreign student shall, in a timely manner, report to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level:

(1) A foreigner employed resigns or changes employment location;

(2) A foreign student admitted has graduated, completed his or her course(s) or study, has quit school, or has left the school ungraduated;

(3) A foreigner employed or a foreign student admitted violates the provisions on administration of exit and entry; or

(4) A foreigner employed or a foreign student admitted dies, disappears or other serious circumstances arise.

第二十六条 

聘用外国人工作或者招收外国留学生的单位，发现有下列情形之一的，应当及时向所在地县级以上地方人民政府公安机关出入境管理机构报告：

（一）聘用的外国人离职或者变更工作地域的；

（二）招收的外国留学生毕业、结业、肄业、退学，离开原招收单位的；

（三）聘用的外国人、招收的外国留学生违反出境入境管理规定的;

（四）聘用的外国人、招收的外国留学生出现死亡、失踪等情形的。

Reliant Services

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