I. The work permit for foreign experts in China
(1) The Legal basis
1. The Administrative Permission Law
2. The article 41 in the Exit and Entry Administration Law of the People's Republic of China: Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.
3. The item 443 in the decision of the State Council on setting up administrative licensing for the administrative examination and approval items that are to be retained (the number 412 mandate of the State Council): the work permit for foreigners in China.
4. The article 16 in the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners: To apply for a residence permit for work, the applicant shall submit such certification documents as a work permit; in the case of a person of high talent who is needed or, a specialist who is urgently needed, by the State, the applicant shall submit relevant certification documents in accordance with relevant provisions.
(2) The requirements for application
Requirements for the applicant: For those who have abided by the laws and regulations of the People’s Republic of China, be physically healthy and have a clean criminal record to apply for the work permits for foreign experts in China, it is necessary to meet any of the following requirements:
1. The foreign professionals or managerial personnel recruited in China for the sake of the implementation of agreements or treaties between governments or between international organizations, or economic and trade contracts between China and foreign countries.
2. The foreign professionals or managerial personnel engaging in causes like education, science research, the press and publishing, culture, art, health and sports in China.
3. The foreign senior professionals or managerial personnel appointed as the deputy manager or above that position in enterprises in China or enjoying the similar treatment.
4. The out-bound expert organizations legally registered in China or the permanent foreign representatives of the personnel agencies in the representative offices in China.
5. The foreign professionals or managerial personnel with specialized skills in short supply, engaging in economy, technologies, engineering, trade, finance, accounting, tax administration and tourism.
The foreigners who meet the requirement 2 shall have obtained the bachelor’s degrees in the universities and have at least 2 years of relevant work experience. Those who have obtained the bachelor’s degrees or above and match their majors with the positions very well will be exempt from offering information about relevant work experiences. Those who have obtained the master’s degrees or above but cannot match their majors with the positions can be exempt from the requirement of work experience if they have attained the certificates of professional qualifications fit for their positions. The language teachers, principally from their native countries, shall have the bachelor’s degrees as well as at least 2 years of language teaching experience, and those from non-native countries shall obtain the bachelor’s degrees or above of their teaching languages in universities of the native countries. Those with bachelors of education or bachelors of the normal universities or above shall be exempt from the requirement of work experience. Those who hold non-educational bachelors or above, the teacher certificates of the country they reside in and the international language teaching qualification certificates that we acknowledge or TEFL certificate shall be exempt from the requirement of work experience.
The foreigners who meet the requirement 3 shall hold the bachelor’s degrees or above that degree and at least 5 years of relevant work experience.
(3) The flow chart for application
