Notice of Comprehensively Implementing the Work Permit System for Foreigners in China
· Document Number：No. 40  of the State Administration of Foreign Experts Affairs
· Area of Law： Foreign Affairs
· Level of Authority： Departmental Regulatory Documents
· Date issued：03-28-2017
· Effective Date：04-01-2017
· Status： Effective
· Issuing Authority： State Bureau of Foreign Experts Affairs Ministry of Human Resources & Social Security Ministry of Foreign Affairs Ministry of Public Security
Notice of the State Administration of Foreign Experts Affairs, the Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, and the Ministry of Public Security on Comprehensively Implementing the Work Permit System for Foreigners in China
(No. 40  of the State Administration of Foreign Experts Affairs)
The foreign experts affairs departments, human resources and social security departments, foreign affairs departments, and public security departments of all provinces, autonomous regions, municipalities directly under the Central Government, the Xinjiang Production and Construction Corps and sub-provincial cities; and all ministries and commissions of the State Council and all institutions directly under the State Council:
On December 31, 2015, the Approval Reform Office of the State Council decided to integrate the “Employment Permit for Foreigners in China” and the “Foreign Expert Work Permit in China” into the “Work Permit for Foreigners to in China.” The Ministry of Human Resources and Social Security shall be responsible for developing the policies for foreigners working in China jointly with the State Administration of Foreign Experts Affairs and the State Administration of Foreign Experts Affairs shall be responsible for the specific organization and implementation. From October 2016 to March 2017, the pilot program of the work permit system for foreigners in China was implemented in Beijing, Tianjin, Hebei, Shanghai, Anhui, Shandong, Guangdong, Sichuan, Yunnan, Ningxia and other places, and positive progress had been made. In accordance with the requirements for simplification of administrative procedures and delegation of powers to lower levels, combination of delegation with administration, and optimization of services, for the purposes of realizing the organic transition of the work permit, visa and residence, and establishing a work permit system for foreigners in China with unified standards and regulated procedures, the work permit system of foreigners in China shall be implemented across the country from April 1, 2017. You are hereby notified of the relevant work as follows:
I. Guiding Thought.
The spirit of the 18th National Congress of the Communist Party of China and the Third, Fourth, Fifth, and Sixth Plenary Sessions of the 18th CPC Central Committee shall be comprehensively implemented, the spirit of a series of important speeches delivered by the General Secretary Xi Jinping shall be implemented in an in-depth manner, the spirit of a series of important speeches and instructions delivered by the General Secretary Xi Jinping on introducing foreign talents and intelligence shall be implemented, an innovative, coordinated, green, open and shared development concept shall be solidly created, the strategic thinking of “gathering and using talents worldwide” shall be practiced, the development strategy of talent first and the strategy of employment first shall be implemented in an in-depth manner, the principles of “encouraging the high-end, controlling the average, and restricting the low-end” shall be insisted on, the management system for foreign talents working in China shall be improved, the organic transition of the work permit, visa and residence for foreigners in China shall be realized, the advantages of the talent system with international competitiveness shall be gradually formed, and the system environment for the domestic employment market shall be protected in a balanced manner, to better serve the implementation of the major national strategy and the economic and social development.
II. Work Objectives
The Exit-Entry Administration Law of the People's Republic of China shall be implemented, the management service resources for foreign talents working in China shall be integrated, the management system shall be rationalized, the institutions and functions shall be optimized, and a unified, authoritative and efficient foreign talent management system shall be established. The reform of the “simplification of administrative procedures, combination of decentralization and control, and optimization of services” shall be deepened, the transformation of government functions shall be promoted, the requirements for the standardization of administrative licensing shall be strictly implemented, administrative licensing shall be regulated comprehensively, classified administration shall be implemented in a scientific manner, the construction of Internet plus government services shall be promoted, the sharing of government affairs information and resources shall be strengthened, big data shall be utilized to enhance the supervision efficiency, the interim and ex post supervision shall be innovated on, the social credit system for the fields of foreigners working in China shall be established, a management system for the work of foreigners featured by scientific management, interconnection and sharing, coordinated supervision, participation by the public, convenience and high efficiency shall be formed and the management rules for foreigners working in China featured by regulated management and strict approval shall be developed, useful complement to the domestic employment market shall be realized, and the scientific, standardized, informationization and international level of service management shall be enhanced.
III. Main Tasks
(1) Comprehensively implementing the work permit system of foreigners in China. Unified management of foreigners working in China shall be implemented, the application materials shall be simplified, the application standards shall be regulated, the Classification Criteria for Foreigners Working in China (See Annex) featured by high efficiency, rationality and scientific reflection of the market needs shall be improved, the “green passage” for high-end foreigners working and conducting innovation and business startup in China shall be created, and the service guarantee level shall be improved.
(2) Improving the laws, regulations and rules on foreigners working in China. The top-level design shall be strengthened, the development of the Regulations for the Administration of Foreigners Working in China and the detailed implementation rules for the visa of talents shall be accelerated, the guidance catalogue for foreigners working in China, the market test for foreigners, the credit management of foreigners and employers and other systems shall be established, and the classification criteria and the licensing service guidelines shall be improved. The requirements of the Notice of the General Office of the State Council on Matters concerning Effectively Conducting the Review of Administrative Regulations and Departmental Rules and Documents (Letter No. 12 , General Office of the State Council) shall be implemented, the departmental rules and regulatory documents involving the reform of the administrative approval system shall be reviewed in a timely manner, and the policy documents unadaptable to the implementation of the work permit system of foreigners in China shall be repealed. All localities and departments shall not issue any policy or measure contrary to this reform.
(3) Innovating on the utilization of the Internet plus government services. A unified, standardized, multi-level linked “Internet plus government services” technology and service system shall be established and a model of “comprehensive acceptance by the front desk, classified approval by the background, and unified issuance of permits by the windows” shall be formed. The departments of foreign experts affairs, departments of human resources and social security, departments of foreign affairs, public security departments and other departments shall strengthen the information sharing, background certification and business collaboration, integrate and share the public service resources, and realize the standardized, precise, convenient, platform-based, and collaborative government affairs services.
(4) Strengthening the interim and ex post supervision. The working mechanism of “dual random and public disclosure” shall be improved, the construction of the government integrity, business integrity and personal integrity system for the fields of foreigners working in China shall be strengthened, the mechanism for the formation, collection, publicity and use of the credit records of employers, foreigners working in China and special institutions entrusted shall be established, big data shall be utilized to strengthen the supervision of the services for market players, and the mechanism for encouraging honesty and punishing dishonesty shall be improved.
IV. Specific Implementation
From April 1, 2017, the work permit system of foreigners in China shall be implemented in a unified manner across the country, and the Notice of the People's Republic of China for the Work Permit for Foreigners (hereinafter referred to as the “Notice for the Work Permit for Foreigners”) and the Work Permit for Foreigners in the People's Republic of China (hereinafter referred to as the “Work Permit for Foreigners,” to be jointly made by the Ministry of Human Resources and Social Security and the State Administration of Foreign Experts Affairs) shall be issued. Foreigners working in China shall undergo the relevant formalities of visa and residence upon the strength of the Notice for the Work Permit for Foreigners and the Work Permit for Foreigners. The existing work permits for foreign experts in China within the validity period, the employment permits for foreigners entering the territory of China and the relevant certificates shall remain effective.
V. Guarantee Measures
All localities and departments shall, from the overall situation and strategic perspective, unify the understanding, conduct close cooperation, strengthen work coordination and system implementation, and continuously improve the capacity and level of the supply of government affairs services, to benefit enterprises and facilitate people at maximum. The authoritative information shall be issued proactively, the social concerns shall be responded, and the social expectation shall be directed, to make the employers and all sectors of society keep abreast of the new policies and know the new systems, and to form a sound atmosphere of public opinions promoting the implementation of the work permit system for foreigners.
Annex: Classification Criteria for Foreigners Working in China (for Trial Implementation)
State Administration of Foreign Experts Affairs
Ministry of Human Resources and Social Security
Ministry of Foreign Affairs
Ministry of Public Security
March 28, 2017