China New Work Permit - Secrets Revealed
What's this article about?
The new work permit system of which has started to be adopted as a pilot version in various cities around China.
When will this new rule become effective nationwide?
April 1st, 2017
Why is a new work permit system introduced?
The “Alien Employment Permit” and “Foreign Expert Certificate” will combine to one document “Foreigner’s Work Permit” (FWP). The new work permit system is meant to encourage highly qualified talent, control mid-level, and limit the number of low-level workers. Simply speaking, it's meant for quantitative and qualitative control of expat talent, but at least there is room for some low level talent.
After April 1st, what will happen to my current work permit?
Your current work permit and residence permit will remain legal until your next renewal or you can voluntarily change it early.
What are the major changes under the new system?
In the past, foreigners working in China were classified into 2 types: foreign experts (culture and technical) and ordinary workers that were working for firms and companies.
Under the new system, two main changes:
1) Combining of The Ministry of Human Resources and Social Security (MHRSS) and the State Administration of Foreign Expert Affairs (SAFEA) who will work together. ٍSAFEA will be responsible for the implementation of the new policy, nationally. This is the requirement from the Central Government, but it is not clear how local governments will implement it. In some places, MHRSS may handle it, while SAFEA may handle it in others.
2) The “Alien Employment Permit” and “Foreign Expert Certificate” will integrate to one document “Foreigner’s Work Permit” (FWP).
The new work permit will have a permanent code number, an ID code, and a QR code, given to each foreigner during employment in China. This system will take into consideration each person’s history and which has been recorded. For example, having a problem with an employer or leaving employment early, and applying for the work permit in another city, may cause the applicant to be more easily declined. This new system is heavily based on trust.
How will foreigners be classified under the new system?
3 types:
1) Class A – High-End Talent
Should meet one of the below:
Talents who are in the “high level, competitive, advanced and short supply” or from "China talent import plan " which is carried out at the municipal/provincial level and approved by the Central Government. There are 100+ programs that demand different qualifications.
Professionals with international achievements & awards (e.g. Nobel Peace Prize).
Foreign talent who can fulfill jobs encouraged by the Chinese government. (no specific criteria mentioned). This will be carried out by the local Foreign Expert Bureau and will differ per city. Shanghai has issued a document. We are waiting for Beijing. We think it will be public before April 1, 2017.
Innovative and Entrepreneurial Talent. (with good IP for China; must have invested 30% or more of the shares and minimum of 500,000 USD capital, plus other criteria).
Selected by a Youth-talent project. Under 35 and graduated from one of the top 200 universities in the world at the Ph.D. or above.(http://www.shanghairanking.com/ARWU2016.html - top universities)
Personal comprehensive quality >85 in the point system.
2) Class B – Professional Talent
This category is similar to those that could be approved under the current visa system with some changes. These talent should meet one of the below:
Bachelor’s Degree or higher and 2 years of full-time related working experience, but different provisions for those working in 1 of 5 sorts of industries:
Education, scientific research, journalism, publishing, culture, art, health, sports and other special areas engaged in scientific research, teaching, and management work of the management or professional and technical personnel.
The personnel who carry out the agreements between China and foreign countries, international organizations, China and foreign countries.
Representative offices of international organizations and employees of foreign experts organizations in China.
Multinational companies to send more than middle-level employees, foreign enterprises permanent representative of China's chief representative and representative.
All types of enterprises, institutions, social organizations, such as the recruitment of foreign managers or professional and technical personnel
A master’s degree or above from a Chinese university with outstanding merit status (the level of merit is unclear).
Master’s degree or above from any world top 100 universities without 2 years of work experience (http://www.shanghairanking.com/ARWU2016.html is the website for the top universities).
Personal comprehensive quality 60-85 points on the points system.
Language Teachers: A foreigner teaching in China, should hold a Bachelor degree or higher and 2 years full-time teaching experience. Teachers can only teach their native language. If the applicant holds a bachelor’s degree in another field and a teaching license or a TEFL certificate then the 2 years of teaching experience can be waived.
3) Class C – Ordinary Workers
Should meet one of the below:
Foreigner who came to China based on a government agreement.
Internship based on government agreement. (but this applies only to students NOT studying in China).
Foreign maid who will come to China and serve for Class A candidate.
Foreigners that engage in special work, which is short and temporary, such as ocean fishing.
Some seasonal job on border of China that is approved by Chinese government.
Other controlled positions which require foreigners to work in China. (This clause provides a space for the government to grant special approvals).
I belong to Class B except that I have no degree, would I still qualify?
If you have no degree, but has professional certificates, applications could be possible depending on the individual situation.
What about non-natives teaching jobs under the new rules?
According to the rules, non-natives will not be able to teach, however, for the implementation it is unclear whether non-natives will have a certain license for language teaching. There are some schools and school districts that can provide non-natives job opportunities legally if they have a degree from a native speaking country.
If a non-native wishes to teach a course delivered in English but is not a language course, such as Math, Economics, Business, etc. and their degree is not in education it will be accepted but they will need a bachelor’s degree and 2 years of teaching related experience OR they can have their experience waved with a teaching license or TEFL certificate.
How to calculate my score in the points system?
What are the requirements for the New Work Permit application?
Basics:
A. 18-60 Years old. No specified for women, but we think the age will be 55
B. Healthy
C. Certificate of No Criminal Record
D. Employer in China
E. Relevant Qualifications for the position
Urgent demand for professionals in China and the positions meets the demands of China’s economy and social development (no guidance yet, likely given sometime before April 1, 2017)
Other provisions within the laws and rules, perhaps for Category C people
What are the documents required for the New Work Permit?
1. Application form
2. Highest Education Degree. Verified by Embassy, public notary, consulates, notary office, Chinese Education Certificate Authority (Diploma Authentication Institute) e.g. for Chinese authorization, but it is strange for a foreigner to use this for foreigners (we are not sure procedure).
Legally speaking, just a public notary in the country that the certificate was issued will be fine, but in practice this may require the Chinese consulate or embassy stamp, as well.
3. Certificate of No Criminal Record. Issued by court, police, security department, public notary, national level (e.g. FBI) of applicant’s home country –
Situation 1 - US Citizen but last year stayed in Singapore then, the report comes from Singapore.
Situation 2 - If China holding a non-work visa then from home country, would apply.
4. Health Certificate – The Hospital must be approved by Chinese embassy/consulate, it's also possible to take the test in China. No change as before. It's just difficult to figure out the hospitals overseas that are approved overseas.
5. Employment contract or offer letter – The contract remains the best method. Some rural areas may not accept offer letters. There is a complicated accounting and tax matter if done through offer letters and the employee is paid overseas, so this makes the contract more convenient.
6. Working Experience Letter
7. Other Qualifications if you belong to Class A
How do the A, B, C categories differ during work permit application?
For Class A
a. No age limitations above 60 years.
b. Original diploma and working experience proof are not mandatory.
c. Certificate of No Criminal Record is not required, but a promise has to be made that the applicant has never made a crime and will not make a crime in China.
d. Faster application time, 50% less vs. Class B and C.
For Class B
The age cut off is at 60. It's not clear yet if this applies to both men and women. It's also unclear how some individuals (like investors) can stay in China after 60; we think there will be a special approval depending on an individual situation, though it's not confirmed.
For class C
No exceptions.
What's the procedure for the work permit application?
1) Obtain the Work License Notice (the employer does this)
Register via the Administration and Service 'National' System for Foreigners’ Employment, and fill the application with scanning the documents, then the hard paperwork should be submitted in person to the relevant department (hard copy not required for Class A).
Class A will get the work notice issued within 5 working days, and 10 working days for Class B and C. (Notice is sent online and printable).
2) Apply for 'Z' visa
After you receive the notice, use it to apply for the ‘Z’ visa in Chinese embassies/consulates.
Besides the Work License Notice, There is no specific information about the documents required by the embassy to apply for Z visa. This might differ among countries and local requirements.
After you enter China with a Z visa, your employer will help you to apply for the work permit and residence permit.
How long does it take to get the work permit after arriving in China?
5 work days for class A and 10-15 days for Class B and C.
After the work permit, is everything completed?
No. Once the work permit is issued, then your employer has to apply for the residence permit through the Public Security Bureau, no new information is published but as per the current trial ongoing in Shanghai and Beijing, there is no difference in the Residence Permit application. Again around April 1, 2017 we will know more; though we don’t think it will change much.
I'm in China with a Chinese visa (work, tourist, business, ..etc), but I think Iqualify for Class A, should I leave China to apply?
No, you can apply while in China.
I'm in China holding a non-working visa (Tourist, business, student..etc), but I think I qualify for Class B or C, should I leave the country to apply?
Yes.
I'm in China with a working visa, should I leave the country to apply for B or C Class?
No.
Will internships be accepted under the new system?
At least for Beijing and Shanghai, and maybe some other areas. The current rule of interns for foreign students studying in China with a student residence permit can continue to submit documentation from both the university and company and get their passport marked by the Public Security Bureau to allow an internship and the government will mandate the specific categories and maximum allowances for stipends are allowable.
About the author
Julian runs a company that works with entrepreneurs and small businesses looking to do business in China or assists them with sourcing products, machines, parts, or materials, as well as handles expat related issues. He is also a frequent commentator in the JobTube WeChat visa groups.
Co-author: JobTube
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