A new edition of the guide to work permit service for foreigners in China is released!

In order to deepen the reform of “handling all issues in a trip at most”, actively build the best ecosystem for talents, further enhance the administrative service level for foreigners to work in China, according to the unified deployment of the provincial Administration of Foreign Experts Affairs, Hangzhou will fully implement the newly revised Guide of Zhejiang to Work Permit Service for Foreigners in China (ZWZF 2019 No. 9 document) and provide foreign talents with more convenient service for their innovation and entrepreneurship in Hangzhou.

What are the changes in the new edition of service guide? In order to let the employers better master the new edition of service guide and employ foreign talents in the future, we have studied and interpreted the new edition of service guide for your reference.

I. Organization registration (for details, please refer to Attached List 1)

Policy interpretation: the new edition has introduced the Letter of Commitment on Work Permit for Foreigners in China, which should be uploaded as an attachment.

II. Application materials for a work permit for foreigners in China

Basic requirements of application materials: A Chinese translation edition is required for all non-Chinese materials (except for passport or international travel certificate) and stamped with the seal of the employer. The original copies and Chinese translations of all paper materials must be clear and complete and uploaded onto the system in the form of scanned copies. Whenever the contents of translation copy are seriously inconsistent with the contents of original copy, the accepting or deciding institution may require the employer to provide a new copy.

The application materials provided by the employer consist of core parts (marked with * hereinafter) and non-core parts, of which the core parts are materials that must be submitted and will be reviewed in priority, and the non-core parts are allowed to be absent.

1. Application for a work permit for foreigners (to work in China for less than 90 days, excluding 90 days)--for details, please refer to Attached List 2

Policy interpretation:

After the implementation of the new edition of service guide, there are mainly three changes.

(1)The letter of commitment on the authenticity of application materials must be uploaded at the column of “attachments”. The letter of commitment applying for absence of materials, or the letter of commitment on participation in social security or insurance should be uploaded to the system as the case may be.

(2)It’s stressed that a labor contract in Chinese and English should be provided, which should be signed by the applicant and stamped with the seal of the employer and cannot be altered.

(3)In the stage of applying for a Notification of Work Permit for Foreigners, the whole process will be handled online for an application from applicants of Category A after submitting a letter of commitment. In the case of applicants of Category B, the application can be accepted after the employer submits it and issues related letters of commitment, allowing the absence of some materials certified by the embassy. Before the entry, the applicant need not provide paper materials or original copies for examination and verification. The applicants of Category C may not adopt any form of commitment system, but shall provide all paper materials and original copies for examination and verification.

2.After obtaining the Notification of Work Permit for Foreigners, the applicant applies for the Work Permit for Foreigners in the People’s Republic of China (the Work Permit for Foreigners) after the entry to China--For details, please refer to Attached List 3

Policy interpretation:

(1) It has introduced requirements that foreigners should participate in social security or commercial insurance and provide corresponding evidentiary materials. In proceeding with the work permit after the entry, they shall submit all materials that were absent during the stage of the notification, relevant evidentiary materials on the payment for social security or purchase of commercial insurance, etc.

(2) The high-end talents of Category A will handle online without examination and verification of original copies. A Work Permit for Foreigners with a maximum length of five years can be provided according to the contract signed. All original copies shall be kept for later reference.

(3) If applicants of Category B handle with absence of some materials and have not submitted original copies for examination and verification during the stage of Notification of Work Permit for Foreigners, they shall submit all materials in the system, submit paper materials and original copies for verification in applying for a Work Permit for Foreigners.

(4) Applicants of Category C shall submit paper materials and original copies for examination and verification.

3.Application for Work Permit for Foreigners within the territories of China (to work in China for more than 90 days, excluding 90 days)--For details, please refer to Attachment 4

Policy interpretation:

(1)Corresponding evidentiary materials shall be provided according to the requirements of application within the territories of China.

(2)The letter of commitment on the authenticity of application materials shall be uploaded at the column of “attachments”.

(3)It has introduced requirements that foreigners should participate in social security or commercial insurance and provide corresponding evidentiary materials, which shall be uploaded as attachments.

(4)The whole process can be handled online for applicants of Category A, without the need to submit paper materials and original copies for verification. All original copies shall be kept for later reference. Applicants of Category B and C shall submit paper materials and original copies for verification.

4.Application for extension of Work Permit for Foreigners--For details, please refer to Attachment 5

Policy interpretation:

(1)If the employer continues to hire the applicant on the original post (job), it shall submit an application to the decisive institution 30 days before the expiry of the valid period of the applicant’s work permit in China.

(2)The whole process will be handled online for applicants of Category A and B without the need to submit any paper materials. Applicants of Category C shall submit paper materials and original copies for verification.

(3)At the stage of proceeding with the Work Permit for Foreigners, in the case of salary matters, the applicant shall submit duty-paid proof for the extension.

(4)Within 30 days since the date of approval decision, the applicant shall carry the original copy of Work Permit for Foreigners to the decisive institution of the place where the applicant is located to update the card’s information.

5.Application for information change of Work Permit for Foreigners--For details, please refer to Attachment 6

In case of any change of personal information of the applicant such as name, passport number, post, category, the applicant shall submit an application to the decisive institution within ten working days after the occurring date of such a change.

Policy interpretation: no changes

6.Application for a new copy of Work Permit for Foreigners--For details, please refer to Attachment 7

The applicant shall publish a statement on the administrative service system for foreigners working in China from the date of losing the work permit or realizing its loss and apply for a new copy of the work permit from the decisive institution. If the work permit is damaged, the applicant shall bring the original copy in applying for a new one.

Policy interpretation: no changes

7.Application for cancellation of the work permit for foreigners in China--For details, please refer to Attachment 8

Policy interpretation:

(1)The work permit for foreigners in China will be canceled automatically if it is not extended before the expiry of its valid period. The work permit will be canceled by the decisive institution if it is canceled or withdrawn or revoked legally.

(2)If the applicant passes away or loses active ability or terminates the contract or the employment relationship ahead of time, the employer shall apply for cancellation with the decisive institution within ten working days after the occurring date of such a condition.

(3)If the employer is terminated, the applicant may apply for cancellation of the work permit with the decisive institution.

(4)If the work permit for foreigners has been canceled, the applicant may apply for a certificate of cancellation from the decisive institution.

(5)The whole process will be handled online for applicants of Category A and B. Applicants of Category C shall submit paper materials and original copies for verification.

(6)During the stage of proceeding with Work Permit for Foreigners, in the case of salary matters, the duty-paid proof of the applicant shall be submitted in the cancellation of the work permit. Otherwise, the applicant will be listed among the list of abnormal information.

8.Application for Work Permit for Foreigners (to work in China for less than 90 days, including 90 days)--For details, please refer to Attachment 9

Policy interpretation:

It has introduced the requirement on the certificate of no criminal record and a certified copy. The corresponding standard is the sames as that of application for a notification of overseas permit of more than 90 days

9.Application for a letter of invitation for foreign experts (to work in China for less than 90 days, including 90 days)--For details, please refer to Attachment 10

Policy interpretation: No changes

10.Application for a confirmation letter of high-end foreign talents--For details, please refer to Attachment 11

Policy interpretation: no changes

Warm prompts:

(I) Website for online submission

1. “Administrative service system for foreigners to work in China” of the website of the State Administration of Foreign Experts Affairs; website: http://www.safea.gov.cn (or http://fwp.safea.gov.cn).

(II) Acceptance of written materials

The accepting window of Hangzhou for work permit for foreigners in China (for details, please refer to Attachment 12).

The revision of the service guide is an active innovation exploration made by Hangzhou under the context of “handling all issues in a trip at most”, which includes more service items into the scope and provides more convenience to the organizations to employ foreign talents. Each employer shall carefully refer to the new edition of service guide. In the subsequent application on the “administrative service system for foreigners to work in China”, the information shall be real, correct and effective. The employers shall assume the entity responsibility under the principle of “whoever employs foreigners shall assume the responsibility”.

Hangzhou classifies and manages the credit of foreigners working in China, employers and service providers and establishes a list of abnormal management. When related employers and foreigners have violated laws and regulations, they will be listed into the “list of abnormal information” in the administrative service system for foreigners working in China. In serious case, the work permit for foreigners will be canceled following the corresponding procedure and reported to the related departments. The information of employers and foreigners that have violated laws and regulations will be uniformly included into the system of “administration platform of Zhejiang Province for public credit information”.

Each organization shall supplement all materials within the specified time limit as required after they apply for work permit for foreigners in China “with the absence of some materials” and “with letters of commitment”. If the corresponding evidentiary materials cannot be provided on time, the administrative permit will not be granted.