RAEFC 18; WP Should End at End of Contract

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The following provision of the Rules for the Administration of Employment of Foreigners in China (RAEFC) stipulates that the Employment Permit (replaced by the work permit [WP]) should not be valid after the end of the labor contract and that the application for renewal of the permit should be done within the last 30 days of validity.

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was originally promulgated in 1996, though it was revised in 2017, the changes made were minimal so many terms are outdated. The Employment Permit (外国人就业证) has been replaced by the WP. For more information on the 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!”

Further note, at present, the Foreign Expert Bureau (FEB) requires that applications for renewal of the WP be submitted at least 30 days prior to the expiration of the permit. This requirement is based on Article 50 of the Administrative License Law of the People’s Republic of China (ALL), as the  WP is issued pursuant to ALL 38. In yet more complication, on 7 FEB 2020, the FEB suspended the requirement that renewal applications be submitted at least 30 days prior to the permit expiry. This suspension, which was instituted as a result of the COVID-19 pandemic, has yet to be lifted as of this writing (7 FEB 2022).

Article 18 - WP Should End at End of Contract, Renewal 30 Days Prior

The Employment Permit of the employed foreigner shall cease to be effective upon the expiration of the term of the labor contract between the foreigner and his employer. If renewal is required, the employer should, within thirty days prior to the expiration of the contract, submit an application to the labor administrative authorities for the extension of term of employment, and after approval is obtained, proceed to go through formalities for the extension of the Employment Permit.

第十八条

被聘用的外国人与用人单位签订的劳动合同期满时，其就业证即行失效。如需续订，该用人单位应在原合同期满前30日内，向劳动行政部门提出延长聘用时间的申请，经批准并办理就业证延期手续。

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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