Work Permits for Foreign Staffers of Overseas Non-Governmental Organizations and Other Relevant Issues

 2018-07-17  13


· Document Number:No. 124 [2017] of the State Administration of Foreign Experts Affairs

· Area of Law: Foreign Affairs

· Level of Authority: Departmental Regulatory Documents

· Date issued:07-27-2017

· Effective Date:07-27-2017

· Status: Effective

· Issuing Authority: State Bureau of Foreign Experts Affairs Ministry of Public Security

 

Notice of the State Administration of Foreign Experts Affairs and the Ministry of Public Security on the Handling of Work Permits for Foreign Staffers of Overseas Non-Governmental Organizations and Other Relevant Issues
(No. 124 [2017] of the State Administration of Foreign Experts Affairs)
The administrations of foreign experts affairs and public security departments (bureaus) ofall provinces, autonomous regions, and municipalities directly under the Central Government and the Bureau of Foreign Experts Affairs and the Public Security Bureau of Xinjiang Production and Construction Corps:
To more effectively administer services for overseas non-governmental organizations (“NGOs”) to legally conduct activities within China, in accordance with the Exit-Entry Administration Law of the People's Republic of China, the Law of the People's Republic of China on the Administration of the Domestic Activities of Overseas Non-Governmental Organizations, and other relevant provisions, you are hereby notified of the handling of licensing foreigners to work in China for foreign staffers of overseas NGOsand other relevant issues as follows:
I. NGOs which legally form representative offices within China
(1)Foreign chief representatives of representative offices: A foreign chief representative who meets the standards for foreign high-end talent shall, within China, apply online for the licensing of a foreigner to work in China based on the certificate of chief representative of the representative office of the overseas NGO, the certificate of physical examination, and the application form for the licensing of a foreigner to work in China, and the approved validity period of such a foreigner's work permit may be five years at most. A foreign chief representative with a recommendation from an overseas NGOs division of a public security authority at or above the provincial level may also be determined as a foreign high-end talent, to whom the aforesaid provision applies.
(2) Foreign representatives of representative offices: A foreign representative of a representative office shall apply online for the licensing of a foreigner to work in China based on the representative certificate of the representative office of the overseas NGO, the certificate of physical examination, and the application form for the licensing of a foreigner to work in China. A foreign representative of a representative office who meets the standards for foreign high-end talent shall provide the corresponding supportive materials, and upon recognition, the handling of the licensing of him or her to work in China may be facilitated accordingly. As deemed necessary by an overseas NGOs division of a public security authority at or above the provincial level, a foreign representative with a representative certificate of the representative office of the overseas NGO may be subject to appropriately relaxed requirements on age, education background or work experience.
(3) The other foreign staffers hired by a representative office: The other foreign staffers hired by a representative office shall apply for the licensing of foreigners to work in China in accordance with the Classification Standards for Foreigners to Work in China (for Trial Implementation), the (Interim) Service Guide to the Licensing of Foreigners to Work in China, and other relevant provisions.
II. Temporary activities subject to recordation, as legally required, conducted within China by overseas NGOs
(1) After an temporary activity to be conducted by an overseas NGO without a representative office within China has undergone the recordation formalities in accordance with the law, the foreign person in charge and major staffers of the temporary activity may, based on the temporary activity recordation acknowledgement, apply for the licensing of foreigners to work in China, and the approved validity period of such a foreigner's work permit shall not exceed the period of the temporary activity.
(2) Where a foreigner applies for working in China for 90 days or less, he or she shall, based on the temporary activity recordation acknowledgement, apply online for the licensing of a foreigner to work in China. If the foreigner meets the standards for foreign high-end talent, he or she shall provide the corresponding supportive materials, and may, based on of the temporary activity recordation acknowledgement, apply online for a letter of invitation of a foreign expert to China, and all accompanyingpersonnel shall fill out application forms.
(3) Where a foreigner applies for the licensing of a foreigner to work in China for more than 90 days nor more than one year, he or she shall, based on the temporary activity recordation acknowledgement, the employment contract or the certificate of employment, and the certificate of physical examination, apply online for the licensing of a foreigner to work in China, and a commitment system shall be applied to the proof of work qualification, thecertificate of no criminal record, and the highest academic degree (or diploma), among others.
III. Enhancing the management of services for overseas NGOs and their foreign staffers
(1) The administrative departments for foreign workers and the public security authorities shall strengthen coordination and cooperation, and join hands in effectively conducting the management of services for foreign staffers of overseas NGOs who work within China.
(2) The overseas NGOs divisions of the public security authorities at or above the provincial level and the administrative departments for foreign workers shall exchange information on foreign staffers of overseas NGOs in a timely manner.
(3) Foreign chief representatives, representatives, or other staffers of overseas NGOs who have made tremendous contributions to the public welfare development of China may be recommended by the relevant departments to participate in the competition for Chinese Government Friendship Award and other national and local awards.
State Administration of Foreign Experts Affairs
Ministry of Public Security
July 27, 2017