RAEFC 8; Must have WP and RPw, Change Status in Special Cases
The following provision of the Rules for the Administration of Employment of Foreigners in China (RAEFC) details the requirement for foreigners to have a work permit (WP) and residence permit for work (RPw) before starting work in China, and describes that in special circumstances they may change employment inside China.
Note, RAEFC was originally promulgated in 1996, though it was revised in 2017, the changes made were minimal so many terms are outdated. The Employment License (中华人民共和国外国人就业许可证书, first mentioned in RAEFC 5) is a no longer used document, somewhat like the presently used Work Permit Notification (WPN). The Employment Permit (外国人就业证) has been replaced by the WP. For more information on the WPN and WP see: “Why Your ‘Work Visa’ Won't Work.” In addition, the Ministry of Labor has become the Ministry of Human Resources and Social Security (HRSS or 人力资源和社会保障部) and it is no longer in charge of WP processing. That is now under the Ministry of Science and Technology (MOST 科学技术部). For more information on the government bodies involved in process ties to foreign employment in China see: “Boss Won’t Pay? Go Here!”
Article 8 - Must Have the WP and RPw to Start Work, in Special Circumstance WP Can be Issued in China
Foreigners seeking employment in China shall hold Z 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 permit.
Foreigners who have not been issued residence permit (i.e. holders of F, L, C or G type visas), and those who are under study or internship programs in China and the families of holders of Z Visas shall not work in China. Under special circumstances, the employing unit shall apply for a [Employment] License according to the approval procedures stipulated in these regulations, and the employed foreigner shall go to the public security organ to change his status with the License and apply for an employment permit and residence permit before employment.
The employment in China of the spouses of the personnel of foreign embassies, consulates, representative offices of the United Nations 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 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。
RAEFC - Rules for the Administration of Employment of Foreigners in China
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
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